[Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
[Rules and Regulations]
[Pages 13673-13677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6639]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Chapter I
[T.D. 99-27]
RIN 1515-AB84
Technical Corrections Regarding Customs Organization
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document makes final, with certain technical corrections,
the interim amendments to the Customs Regulations that reflected
Customs new organizational structure. The changes are nonsubstantive or
merely procedural in nature.
EFFECTIVE DATE: These changes are effective March 22, 1999.
FOR FURTHER INFORMATION CONTACT: Jerry Laderberg, Entry and Carrier
Rulings Branch, Office of Regulations and Rulings (202) 927-2077, or
Gregory R. Vilders, Regulations Branch, Office of Regulations and
Rulings (202) 927-2340.
SUPPLEMENTARY INFORMATION:
Background
On September 27, 1995, Customs published interim regulations in the
Federal Register (T.D. 95-77 at 60 FR 50008 and T.D. 95-78 at 60 FR
50020) to implement its new field organization, effective for fiscal
year 1996. Because the regulations concerned matters related to agency
management and personnel, notice, public procedure, and a delayed
effective date were not necessary, and the regulations became effective
on October 1, 1995. Even though notice and public procedure were not
required, Customs did solicit comments on the interim regulations. The
comment period closed November 27, 1995. Only one comment was received,
which addressed a very narrow issue concerning brokers' permits. The
comment received and Customs response are set forth below.
Discussion of Comment
Comment: The one comment received questioned why Customs stated in
the BACKGROUND portion of the interim regulations (T.D. 95-77) that it
was eliminating, for the most part, districts and regions from its
field organization to place more emphasis on field operations, and then
retained this distinction for purposes of brokers' permits. The
commenter urged that the 20 Customs Management Centers' geographical
boundaries be adopted as the basis for issuing broker permits, rather
than use the Service Port boundaries. The commenter objected to the
continued use of the terms ``district'' and ``region'' for the limited
purposes of regulating the permitting of customs brokers (part 111 of
the Customs Regulations) and carriers, cartmen, and lightermen (part
112 of the Customs Regulations), as not being within the spirit of
Customs reorganization or the National Performance Review.
Customs Response: Customs does not agree with this assessment. As
more fully stated in the BACKGROUND portion of the interim regulations,
districts and regions will still exist as geographical descriptions for
limited purposes such as for broker permits and certain cartage and
lighterage purposes. In the case of brokers, Customs decided to
preserve the district permit and region waiver procedures because these
procedures are mandated by statute (see, 19 U.S.C. 1641). Also, during
the course of the reorganization, Customs consulted with the Customs
brokerage industry and was informed that the industry's preference, in
the short-term, was to retain the current scheme until it had time to
assess the effects of both the new field structure and the automation
initiatives made pursuant to the Customs Modernization provisions of
the North American Free Trade Agreement Implementation Act (provisions
pertaining to the National Customs Automation Program are at 19 U.S.C.
1411). Customs believes that its consultation with the Customs
brokerage industry was in the spirit of Customs reorganization and the
National Performance Review. Accordingly, at this time no further
change to the Customs Regulations is made based on the comment
received.
Changes to Interim Regulations
In reviewing the interim regulations, Customs finds that further
changes to 95 sections of the regulations must be made to correct
grammatical and nomenclature errors. Following is a summary of those
changes.
Further nomenclature changes are made to more than 80 sections and
Appendices: Secs. 4.14, 4.80a, 4.80b, 10.5, 10.37, 10.39, 12.8, 12.39,
18.8, 18.21, 101.3, 103.0, 103.1, 103.5, 103.7, 103.9, 103.31, 111.13,
111.19, 111.95, 111.96, 113.14, 113.15, 113.38, 113.39, 115.11, 115.13,
115.30, 115.40, 115.51, 115.65, 122.14, 122.165, 122.176, 125.42,
132.14, 133.2, 133.12, 133.32, 134.54, 145.4, 146.2, 146.4, 146.6,
146.83, 162.32, 162.42, 162.44 through 162.50, 162.52, 162.64, 162.65,
162.71, 162.72, 162.74 through 162.79, 162.79b, 171.12, 171.15, 171.21
through 171.23, 171.31, 171.33, and 171.52, Appendices A-C to Part 171,
Secs. 172.2, 172.12, 172.21, 172.22, 172.31, 172.33, 175.25, 177.2, and
177.26. These changes, for the most part, continue the conversion of
``district director'' to ``port director'' or to ``Fines, Penalties,
and Forfeitures Officer'', replace an obsolete term (``collector'')
with ``port director'', replace the Office of Inspection and Control
with the Office of Field Operations, and further inform the public of
responsible offices and personnel, e.g., ``Disclosure Law Officer'' for
Regulations and Disclosure Law Branch. Since publication of the
[[Page 13674]]
interim regulations, Customs Headquarters has been relocated from 1301
Constitution Avenue to 1300 Pennsylvania Avenue in Washington, D.C.
Accordingly, this street address change is made to the 19 sections
where a writing address is provided. The change to the ports-of-entry
listing at Sec. 101.3 entails moving the listing for ``Longview'' from
Oregon to Washington, which is where the port is physically located.
Also, a change is made to Sec. 103.1 to show the correct street address
for the Boston reading room facility where public documents are
maintained.
Grammatical changes to make the text read more clearly are made to
9 sections: Secs. 4.41, 10.172, 19.2, 19.3, 19.40, 24.4, 24.36, 101.0,
and 101.4. Most of these changes are in the form of substituting
prepositional phrases, i.e., replacing ``in'' with ``at'' or removing
redundant references to port directors at ports.
Inapplicability of the Delayed Effective Date Requirement, the
Regulatory Flexibility Act, and Executive Order 12866
Inasmuch as these amendments merely advise the public of Customs
field and Headquarters organization, and make certain technical
corrections to the organization that is currently in place under
interim regulations, it is determined that good cause exists under the
provisions of 5 U.S.C. 553(d)(2) and (3) for dispensing with the
requirement for a delayed effective date. Because no notice of proposed
rulemaking was required, the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply. This document does not meet
the criteria for a ``significant regulatory action'' as specified in
Executive Order 12866.
Drafting Information. The principal author of this document was
Gregory R. Vilders, Attorney, Office of Regulations and Rulings,
Regulations Branch. However, personnel from other offices participated
in its development.
List of Subjects
19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Exports,
Foreign trade statistics, Imports, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
19 CFR Part 132
Agriculture and agricultural products, Customs duties and
inspection, Quotas.
19 CFR Part 146
Customs duties and inspection, Entry, Foreign trade zones, Imports,
Reporting and recordkeeping requirements.
Amendments to the Regulations
As discussed in the preamble and under the authority of 19 U.S.C.
66 and 1624, the interim rule amending 19 CFR parts 4, 19, 24, 101,
103, 111, 112, 113, 118, 122, 127, 141, 142, 146, and 174 of the
Customs Regulations (19 CFR 4, 19, 24, 101, 103, 111, 112, 113, 118,
122, 127, 141, 142, 146, and 174), published on September 27, 1995, in
the Federal Register at 60 FR 50008, and the interim rule amending
chapter I of the Customs Regulations (19 CFR chapter I) published on
September 27, 1995, in the Federal Register at 60 FR 50020, are adopted
as final with the following changes:
PART 101--GENERAL PROVISIONS
1. The authority citation for part 101 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1623, 1624.
Sec. 101.3 [Amended]
2. Section 101.3(b)(1) is amended by removing the entry for
``Longview'' under the state of Oregon and adding it, in appropriate
alphabetical order, under the state of Washington.
Sec. 101.4 [Amended]
3. In Sec. 101.4(d), the last sentence is amended by removing the
words ``in a port'' and adding the word ``local'' before the words
``port director''.
PART 132--QUOTAS
1. The general authority citation for part 132 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1623, 1624.
* * * * *
Sec. 132.14 [Amended]
2. In Sec. 132.14(a)(4):
a. The introductory text of paragraph (a)(4)(i) is amended by
removing the words ``, the port director'';
b. Paragraph (a)(4)(i)(A) is amended by removing the word ``May''
and adding, in its place, the words ``The port director may'' and by
removing the comma at the end and adding, in its place, a semicolon;
c. Paragraph (a)(4)(i)(B) is amended by removing the word ``Shall''
and adding, in its place, the words ``The port director shall'' and by
removing the word ``, and'' at the end and adding, in its place, a
semicolon;
d. Paragraph (a)(4)(i)(C) is amended by removing the word ``May''
and adding, in its place, the words ``The port director may'' and by
removing the period at the end and adding, in its place, a semicolon
followed by the word ``and'';
e. The introductory text of paragraph (a)(4)(ii) is amended by
removing the words ``, the port director'';
f. Paragraph (a)(4)(ii)(A) is amended by removing the word
``Shall'' and adding, in its place, the words ``The port director
shall'' and by removing the word ``, and'' at the end and adding, in
its place, a semicolon; and
g. Paragraph (a)(4)(ii)(B) is amended by removing the word ``May''
and adding, in its place, the words ``The port director may'' and by
removing the period at the end and adding, in its place, a semicolon
followed by the word ``and''.
PART 146--FOREIGN TRADE ZONES
1. The authority citation for part 146 continues to read as
follows:
Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1623, 1624.
2. Section 146.1(b) is amended by removing the numerical
designation for each paragraph, alphabetizing the 23 existing entries,
and by adding, in appropriate alphabetical order, the following
definition:
Sec. 146.1 Definitions.
* * * * *
(b) * * *
Port Director. For those foreign trade zones located within the
geographical limits of a port of entry, the term ``port director''
means the director of that port of entry. For those foreign trade zones
located outside the geographical limits of a port of entry, the term
``port director'' means the director of the port of entry
geographically nearest to where the foreign trade zone is located.
* * * * *
3. In the list below, for each section indicated in the left
column, remove the words indicated in the middle column from wherever
they appear in the section, and add, in their place, the words
indicated in the right column; when there are no replacement words, the
``Add'' column will be blank:
[[Page 13675]]
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Section Remove Add
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4.14(b)(2)(ii), (d)(1)(v), and Entry and Carrier Rulings............ Entry Procedures and Carriers
(d)(2)(iii).
4.41(b) and (c).................... in which............................. where
4.80a(d)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers
4.80b(b)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers
10.5 heading....................... district director's.................. port director's
10.37 third sentence............... Tariff Classification Appeals........ Commercial Rulings
10.37 fourth sentence.............. the port directors................... a Fines, Penalties, and Forfeitures
Officer's
10.39(d)(1) first sentence, and (e) port director........................ Fines, Penalties, and Forfeitures
second sentence. Officer
10.39(d)(1) second sentence, (e) Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
introductory text, (e)(1)-(3), and Officer. Officer
(f).
10.172............................. port director........................ the port director
12.8(b)............................ port director........................ Fines, Penalties, and Forfeitures
Officer
12.39(b)(4)........................ the district directors............... port directors
18.8(d) and (e)(2) last sentence... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
18.21(c)........................... collector............................ port director
19.2(a)............................ port director wherein................ director of the port nearest to
where
19.3(a)............................ at a port
in which............................. nearest to where
19.40(b) first sentence............ at a port
in which the facility is located..... in which the facility is located, or
if not within a port's limits,
nearest to where the facility is
located
24.4(h)(2) and (3)................. in any port.......................... at any port
24.36(e)(2)........................ in the same.......................... at the same
101.0.............................. and of............................... and
101.4(a) and (b)................... in which such station or place is under whose jurisdiction the station
located. or place falls
103.0.............................. a disclosure law officer, the the appropriate field officer
director of a service port, or the
local public information officer.
103.1.............................. 1301 Constitution.................... 1300 Pennsylvania
Boston, 100 Summer Street, Suite Boston, 10 Causeway Street, Boston,
1819, Boston, Massachusetts 02110. Massachusetts 02222
103.5(d)........................... 1301 Constitution.................... 1300 Pennsylvania
103.5(d)(2) heading................ Service ports........................ Field offices
103.5(d)(2)........................ at which............................. , or if the records concern the
Office of Investigations, the
special agent in charge, where
103.7(a)........................... 1301 Constitution.................... 1300 Pennsylvania
103.9(b)........................... 1301 Constitution.................... 1300 Pennsylvania
103.31(d)(1)(iii).................. 1301 Constitution.................... 1300 Pennsylvania
103.31(d)(1)(iv)................... Regulations and Disclosure Law Branch Disclosure Law Officer
103.31(d)(2)(iii).................. 1301 Constitution.................... 1300 Pennsylvania
111.13(b).......................... at each district office
111.19(d).......................... Trade Compliance Division............ Office of Field Operations
111.95............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
Officer or other Customs Service. Officer
111.96(c).......................... at each port in which a broker has a at the port through which the broker
permit to do business. was granted the permit
113.14............................. Tariff Classification Appeals........ International Trade Compliance
113.15............................. Tariff Classification Appeals........ International Trade Compliance
113.38(c)(1)....................... Tariff Classification Appeals........ International Trade Compliance
113.38(c)(4)....................... Commercial Rulings................... International Trade Compliance
113.39 introductory text, (a), and port director........................ port director or Fines, Penalties,
(a)(5). and Forfeitures Officer
113.39(a) introductory text........ Tariff Classification Appeals........ International Trade Compliance
113.39(b).......................... district director and regional port director and Fines, Penalties,
commissioner. and Forfeitures Officer
Commercial Rulings................... International Trade Compliance
115.11(b).......................... Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
115.13 introductory text........... Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
115.30............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
115.40............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
115.51............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
115.65............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania
Constitution.
122.14(a)(1)....................... regional commissioner, or his director of the port, or his
representative, of the region in. representative, at the port nearest
to
122.165(b)......................... Entry and Carrier Rulings............ Entry Procedures and Carriers
122.176(c) and (d)................. Inspection and Control............... Field Operations
125.42............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
132.14(a)(4)(i)(D) and port director........................ Fines, Penalties, and Forfeitures
(a)(4)(ii)(C). Officer
133.2 introductory text............ 1301 Constitution.................... 1300 Pennsylvania
133.12 introductory text........... 1301 Constitution.................... 1300 Pennsylvania
133.32 introductory text........... 1301 Constitution.................... 1300 Pennsylvania
134.54(b) and (c).................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
145.4(b) and (d)................... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
[[Page 13676]]
146.2.............................. port director where the zone is appropriate port director
located.
146.4(h)........................... port limits.......................... district boundaries
146.6(a) first sentence............ geographically nearest to where the
zone is located
146.83(a).......................... Tariff Classification Appeals........ International Trade Compliance
162.32(a) and (c).................. port director........................ Fines, Penalties, and Forfeitures
Officer
162.42............................. port director........................ Fines, Penalties, and Forfeitures
Officer
162.44(a).......................... director of.......................... Fines, Penalties, and Forfeitures
Officer having jurisdiction at
162.44(b)(1), (b)(1)(ii), (b)(2), port director........................ Fines, Penalties, and Forfeitures
and (c). Officer
162.45(a)(3) and (4) and (c)....... port director........................ Fines, Penalties, and Forfeitures
Officer
162.45(b)(1)....................... in the Customs district and the circulated at the Customs port and
judicial district in which. in the judicial district where
162.45(b)(2)....................... and in the customhouse at the
headquarters port for the Customs
district
162.45a............................ port director........................ Fines, Penalties, and Forfeitures
Officer
162.46(c)(1)....................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.46(d).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.47(a), (d), and (e)............ port director........................ Fines, Penalties, and Forfeitures
Officer
162.48(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.49(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.50(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.50(b) heading.................. districts............................ ports
162.50(b).......................... in another Customs district.......... at another port
in such other district............... at such other port
162.52(b)(2)....................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.52(b)(4)....................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.64............................. director of the port................. Fines, Penalties, and Forfeitures
Officer having jurisdiction
162.65(c), (d), (e) introductory port director........................ Fines, Penalties, and Forfeitures
text, and (e)(1). Officer
162.71(e)(4)....................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.72(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.74(a)(2)....................... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures
Officer. Officer
Fines, Penalties and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
162.74(b), (c), (e), and (f)....... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures
Officer. Officer
162.75(c), (d)(1), (d)(2) port director........................ Fines, Penalties, and Forfeitures
introductory text, (d)(2)(i), and Officer
(d)(3).
162.76(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.77(a).......................... port director........................ Fines, Penalties, and Forfeitures
Officer
162.78(a), (b), and (d)............ port director........................ Fines, Penalties, and Forfeitures
Officer
162.79(a) and (b)(1)............... port director........................ Fines, Penalties, and Forfeitures
Officer
162.79b............................ port director........................ Fines, Penalties, and Forfeitures
Officer
171.12(a) and (e).................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.15(a) introductory text........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.15(a)(4)....................... 1301 Constitution.................... 1300 Pennsylvania
171.15(a)(4) and (7)............... Fines, Penalties and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.21 heading and text............ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.22 heading and text............ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.23............................. 1301 Constitution.................... 1300 Pennsylvania
171.31............................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
171.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
heading and text, (b)(2), and (c). Officer. Officer
171.52(d).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
Part 171 Appendix A: III, 9........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
Part 171 Appendix B: (D)(1), (5), Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
and (6). Officer. Officer
Part 171 Appendix B: (D)(6)........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer's. Officer's
Part 171 Appendix C: I.A., I.D. and Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Note to I.D.. Officer. Officer
Part 171 Appendix C: I.D. Note and Director, International Trade Chief, Penalties Branch, Customs
I.G. Compliance Division. Headquarters
Part 171 Appendix C: I.E........... Trade Operations..................... Trade Compliance
Regulatory Procedures and Penalties.. International Trade Compliance
Part 171 Appendix C: I.G........... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
Part 171 Appendix C: XIII.......... Field Operations Division, Office of Office of Trade Compliance at
Trade Operations. Headquarters
172.2.............................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
172.12(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
172.12(b)(1)....................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
172.21 heading..................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
172.21............................. port director........................ Fines, Penalties, and Forfeitures
Officer
172.22 heading, (b)(3) introductory Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
text, (b)(3)(ii), (d)(2) and (4). Officer. Officer
172.22(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officers. Officers
[[Page 13677]]
172.31(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
Officer. Officer
172.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures
heading and text, (b)(1)(ii), Officer. Officer
(b)(2), and (c)(1).
175.25(c).......................... district director.................... port director
177.2(b)(2)(ii)(C)................. Tariff Classification Appeals........ Commercial Rulings
177.26............................. 1301 Constitution.................... 1300 Pennsylvania
----------------------------------------------------------------------------------------------------------------
Raymond W. Kelley,
Commissioner of Customs.
Approved: February 17, 1999.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-6639 Filed 3-19-99; 8:45 am]
BILLING CODE 4820-02-P
