[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61204-61205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29380]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 10
[T.D. 99-79]
Foreign Locomotives and Railroad Equipment in International
Traffic; Technical Amendment
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: In accordance with Customs policy of periodically reviewing
its regulations to ensure that they are consistent, this document makes
a minor technical amendment to the Customs Regulations regarding entry
requirements for foreign locomotives and railroad equipment that are
brought into the United States in international traffic.
EFFECTIVE DATE: November 10, 1999.
FOR FURTHER INFORMATION CONTACT: Glen E. Vereb, Office of Regulations
and Rulings, (202-927-2320).
SUPPLEMENTARY INFORMATION:
Background
Section 322, Tariff Act of 1930, as amended (19 U.S.C. 1322),
provides that vehicles and other instruments of international traffic,
of any class specified by the Secretary of the Treasury, shall be
excepted from the application of the Customs laws, including the
requirement of entry, to such an extent and subject to such terms and
conditions as may be prescribed in regulations or instructions of the
Secretary of the Treasury.
In this regard, Sec. 10.41(a), Customs Regulations (19 CFR
10.41(a)), states that locomotives and other railroad equipment, as
well as trucks, buses, taxicabs, and other vehicles used in
international traffic are subject to the treatment provided in part
123, Customs Regulations (19 CFR part 123).
In particular, Sec. 123.12(a) and (b) describes the circumstances
under which foreign locomotives or other railroad equipment may be
admitted to the United States without the requirement of an entry; and
Sec. 123.14(c) likewise describes the circumstances under which
foreign-based trucks, buses and taxicabs may be admitted to the United
States without the requirement of an entry.
Against this backdrop, Sec. 10.41(d) prescribes, in pertinent part,
that any foreign-owned vehicle brought into the United States for the
purpose of carrying passengers or merchandise domestically for hire or
as an element of a commercial transaction, except as provided at
Sec. 123.14(c), would be subject to treatment as an importation of
merchandise from a foreign country and an entry would be required for
such vehicle.
The citation in Sec. 10.41(d) to Sec. 123.14(c) covers foreign
trucks, buses and taxicabs. However, there is no reference to
Sec. 123.12(a) and (b), as there also should properly be in
Sec. 10.41(d), concerning foreign locomotives and railroad equipment.
Accordingly, consistent with Sec. 10.41(a), Sec. 10.41(d) is
changed to make clear that foreign-owned vehicles include locomotives
and railroad equipment, as well as trucks, busses and taxicabs. In
addition, a reference to Sec. 123.12 (a) and (b) is added to
Sec. 10.41(d) to reflect the existing conditions under which foreign
locomotives and railway equipment may be admitted to the U.S. without
the requirement of a Customs entry.
Furthermore, section 681 of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182; December 8, 1993) added a
provision to the Harmonized Tariff Schedule of the United States
(HTSUS) exempting from entry railway locomotives classified in headings
8601 and 8602, HTSUS, and railway freight cars classified in heading
8606, HTSUS, on which no duty is owed (see Additional U.S. Note 1,
chapter 86, HTSUS). These exemptions from entry are noted in
Sec. 141.4(b)(4), Customs Regulations (19 CFR 141.4(b)(4)).
Accordingly, to reflect these exemptions from entry, a reference to
Sec. 141.4(b)(4) is also added to Sec. 10.41(d).
The Regulatory Flexibility Act, Executive Order 12866 and
Inapplicability of Public Notice and Comment and Delayed Effective
Date Requirements
Because the amendment merely conforms to existing law and
regulatory practice as noted above, notice and public procedure in this
case are inapplicable and unnecessary pursuant
[[Page 61205]]
to 5 U.S.C. 553(b)(B), and, pursuant to 5 U.S.C. 553(d)(3), a delayed
effective date is not required. Since this document is not subject to
the notice and public comment requirements of 5 U.S.C. 553, it is not
subject to the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Nor does the amendment result in a ``significant
regulatory action'' under E.O. 12866.
List of Subjects in 19 CFR Part 10
Customs duties and inspection, Imports, International traffic,
Reporting and recordkeeping requirements, Vehicles.
Amendment to the Regulations
Part 10, Customs Regulations (19 CFR part 10), is amended as set
forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 and the relevant
specific sectional authority citation continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624, 3314;
* * * * *
Sections 10.41, 10.41a, 10.107 also issued under 19 U.S.C. 1322;
* * * * *
2. Section 10.41 is amended by revising the first sentence of
paragraph (d) to read as follows:
Sec. 10.41 Instruments; exceptions.
* * * * *
(d) Any foreign-owned locomotive or other railroad equipment,
truck, bus, taxicab, or other vehicle, aircraft, or undocumented boat
brought into the United States for the purpose of carrying merchandise
or passengers between points in the United States for hire or as an
element of a commercial transaction, except as provided at Secs. 123.12
(a) and (b), 123.14(c), and 141.4(b)(4), is subject to treatment as an
importation of merchandise from a foreign country and a regular entry
for such vehicle, aircraft or boat will be made. * * *
* * * * *
Raymond W. Kelly,
Commissioner of Customs.
Approved: August 3, 1999.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-29380 Filed 11-9-99; 8:45 am]
BILLING CODE 4820-02-P
