United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 1998_register executive 2010-09-24 article Rules and Regulations D09002ee1bdff0342 D09002ee1bdff03d0 United States Department of the Treasury originator org United States Government Agency or Subagency United States Customs Service originator org United States Government Agency or Subagency This document adopts as a final rule, with some changes, proposed amendments to the Customs Regulations regarding the obligation of the owner, master, pilot, operator, or agent of an arriving carrier to provide notice to Customs and to a bonded warehouse of the presence of merchandise or baggage that has remained at the place of arrival or unlading beyond the time period provided by regulation without entry having been completed. The document requires one of the arriving carrier's obligated parties, or any subsequent in-bond carrier or party who accepts custody under a Customs-authorized permit to transfer, to provide notice of the unentered merchandise or baggage to a bonded warehouse. The notice to the bonded warehouse proprietor initiates his obligation to arrange for transportation and storage of the unentered merchandise or baggage at the risk and expense of the consignee. The document also amends the Customs Regulations to provide for penalties or liquidated damages against the owner or master of any conveyance, or agent thereof, for failure to provide the required notice to Customs or to a bonded warehouse proprietor. The document also provides for the assessment of liquidated damages against any subsequent in-bond carrier or other party who accepts custody of the merchandise or baggage under a Customs-authorized permit to transfer and who fails to notify Customs and a bonded warehouse of the presence of such unentered merchandise or baggage and also against the warehouse operator who fails to take required possession of the merchandise or baggage. These regulatory changes reflect amendments to the underlying statutory authority enacted as part of the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act. In addition, this document makes certain conforming changes to the Customs Regulations in order to reflect a number of other statutory amendments and repeals enacted by the Customs Modernization provisions and in order to reflect the recent recodification and reenactment of title 49, United States Code. 63 FR 51283 https://www.govinfo.gov/app/details/FR-1998-09-25/98-25634 98-25634 fr25se98-9 RIN 1515-AB99 4820-02-P T.D. 98-74 https://www.govinfo.gov/app/details/FR-1998-09-25/98-25634 https://www.govinfo.gov/content/pkg/FR-1998-09-25/html/98-25634.htm https://www.govinfo.gov/content/pkg/FR-1998-09-25/pdf/98-25634.pdf 9 p. 51283 51291 63 FR 51283 Title 19 Part 122 19 CFR Part 122 Title 19 Part 123 19 CFR Part 123 Title 19 Part 127 19 CFR Part 127 Title 19 Part 148 19 CFR Part 148 Title 19 Part 178 19 CFR Part 178 Title 19 Part 18 19 CFR Part 18 Title 19 Part 192 19 CFR Part 192 Title 19 Part 4 19 CFR Part 4 RIN 1515-AB99 Lay Order Period; General Order; Penalties; Federal Register Vol. 63, Issue RULE 98-25634 DEPARTMENT OF THE TREASURY Customs Service T.D. 98-74 4820-02-P 98-25634 Final rule.

This document adopts as a final rule, with some changes, proposed amendments to the Customs Regulations regarding the obligation of the owner, master, pilot, operator, or agent of an arriving carrier to provide notice to Customs and to a bonded warehouse of the presence of merchandise or baggage that has remained at the place of arrival or unlading beyond the time period provided by regulation without entry having been completed. The document requires one of the arriving carrier's obligated parties, or any subsequent in-bond carrier or party who accepts custody under a Customs-authorized permit to transfer, to provide notice of the unentered merchandise or baggage to a bonded warehouse. The notice to the bonded warehouse proprietor initiates his obligation to arrange for transportation and storage of the unentered merchandise or baggage at the risk and expense of the consignee. The document also amends the Customs Regulations to provide for penalties or liquidated damages against the owner or master of any conveyance, or agent thereof, for failure to provide the required notice to Customs or to a bonded warehouse proprietor. The document also provides for the assessment of liquidated damages against any subsequent in-bond carrier or other party who accepts custody of the merchandise or baggage under a Customs-authorized permit to transfer and who fails to notify Customs and a bonded warehouse of the presence of such unentered merchandise or baggage and also against the warehouse operator who fails to take required possession of the merchandise or baggage. These regulatory changes reflect amendments to the underlying statutory authority enacted as part of the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act. In addition, this document makes certain conforming changes to the Customs Regulations in order to reflect a number of other statutory amendments and repeals enacted by the Customs Modernization provisions and in order to reflect the recent recodification and reenactment of title 49, United States Code.

October 26, 1998. For legal matters: Jeremy Baskin, Penalties Branch, Office of Regulations and Rulings (202) 927-2344. For operational matters: Steven T. Soggin, Office of Field Operations, (202) 927-0765. Vol. 63, no. 186 Office of the Federal Register, National Archives and Records Administration 1998-09-25 continuing daily deposited born digital 252 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-1998-09-25 P0b002ee180a6fade 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr25se98 https://www.govinfo.gov/app/details/FR-1998-09-25 https://www.govinfo.gov/content/pkg/FR-1998-09-25/pdf/FR-1998-09-25.pdf fdlp 51269 51509 DGPO 2010-09-24 2023-05-06 FR-1998-09-25 machine generated eng FR FR-1998-09-25 63 186