[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3922-3925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1519]
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DEPARTMENT OF THE TREASURY
[T.D. 95-9]
Delegation Order Relating to Test of Customs Management Center
Concept
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of Delegation Order.
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SUMMARY: This document provides notice that the Commissioner of Customs
has delegated expanded authority to the Port Directors and Fines,
Penalties, and Forfeiture Officers in the Districts of San Diego, New
Orleans, and Mobile with regards to their day-to-day operations in
order to facilitate prototype testing of Customs Management Center
(``CMC'') concept. In addition, certain authority of the Regional
Commissioners for the Pacific and South Central Regions to respond to
supplemental petitions is delegated to the Fines, Penalties, and
Forfeitures Regional Coordinators in the Southwest and Southeast
Regions. The Delegation Order does not eliminate the offices of
District Director or Regional Commissioner and it does not affect the
processing of merchandise.
EFFECTIVE DATE: The delegations are effective as of January 16, 1995.
FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field
Operations, 202-927-6871.
Dated: January 13, 1995.
George J. Weise,
Commissioner of Customs.
SUPPLEMENTARY INFORMATION: On January 13, 1995, the Commissioner of
Customs approved the following delegation of authority:
Pursuant to Reorganization Plan No. 1 of 1965, (30 FR 7035),
Reorganization Plan No. 26 of 1950 (3 CFR Ch III), section 1 of the
Act of August 1, 1914, as amended 38 Stat. 623 (19 USC Sec. 2),
Executive Order No. 10289, September 17, 1951 (3 CFR Ch II), and the
authority delegated to me by Treasury Department Order 165, Revised
(T,D, 53654, 19 F.R. 7241), as amended, for the period beginning on
January 16, 1995 and ending on September 30, 1995, it is hereby
ordered that:
Sec. 1 SUBJECT to the following exceptions, in addition to the
district director, any Port Director in the Customs Districts of San
Diego, California, New Orleans, Louisiana, and Mobile, Alabama is
authorized to perform all functions required by the Customs
Regulations to be performed by the District Director. This
delegation only affects areas and ports within the Customs Districts
of New Orleans, Louisiana; Mobile, Alabama; and San Diego,
California.
Note 1: Where the Fines, Penalties, and Forfeitures Officer of
New Orleans, Louisiana is mentioned, that individual may perform the
function(s) specified for the ports of New Orleans, LA; Baton Rouge,
LA; Chattanooga, TN; Gramercy, LA; Greenville, MS;
[[Page 3923]]
Knoxville, TN; Lake Charles, LA; Little Rock-North Little Rock, AR;
Memphis, TN; Memphis, TN; Morgan City, LA; Nashville, TN;
Shreveport-Bossier City, LA; and Vicksburg, MS.
Note 2: Where the Fines, Penalties, and Forfeitures Officer of
Mobile, Alabama is mentioned, that individual may perform the
function(s) specified for the ports of Mobile, AL; Birmingham, AL;
Gulfport, MS; Huntsville, AL; and Pascagoula, MS.
Note 3: Where the Fines, Penalties, and Forfeitures Officer of
San Diego, California is mentioned, that individual may perform the
function(s) specified for the ports of San Diego, CA; Andrade, CA;
Calexico, CA; and Tecate, CA.
1. Part 10--Articles Conditionally Free, Subject to Reduced
Rate, etc.--In addition to the district directors, the following
decisions and/or actions required by Part 10 of the Customs
Regulations to be made or taken by the district director may be made
or taken only by the Port Directors of Calexico and Tecate:
A. Secs. 10.31, 10.37, and 10.39--Issues relating to Temporary
Importation Bonds (TIB).
B. Sec. 10.183--Issues relating to Blanket certification in each
district for importation of civil aircraft parts.
2. Part 12--Special Classes of Merchandise--Except as noted, in
addition to the district directors, the following decisions and/or
actions required by Part 12 of the Customs Regulations to be made or
taken by the district director may be made or taken only by the Port
Directors in Calexico and Tecate:
A. Sec. 12.8--Settle liquidated damage claims up to $20,000 for
inspection of meat. Except that authority for settlement of
liquidated damage claims up to $20,000 in the districts of New
Orleans and Mobile may also be taken by the Fines, Penalties, and
Forfeiture Officers in those districts.
B. Sec. 12.39--Assess liquidated damages for unfair competition.
C. Sec. 12.42--Receive allegations of importations produced
under conditions of forced labor
D. Sec. 12.45--Report to the United States Attorney regarding
prison-labor products.
E. Sec. 12.73--Release a vehicle under bond.
F. Sec. 12.80--Release a vehicle under bond.
G. Sec. 12.85--Release a boat under bond.
H. Sec. 12.91--Release electronic products under bond.
I. Sec. 12.104c--Make decisions concerning satisfactory evidence
for importation of cultural property.
J. Sec. 12.107--Make decisions concerning satisfactory evidence
for importation of Pre-Columbian Art.
K. Sec. 12.116, 117--Make decisions concerning release of
pesticides and devices under bond--sampling.
L. Sec. 12.122--Make decisions concerning grounds to believe
that a shipment is not in compliance with the Toxic Substances
Control Act.
M. Secs. 12.130 and 12.132--Make textile country of origin
determinations.
3. Part 18--Transportation in Bond and Merchandise in Transit--
Sec. 18.8--In addition to the district directors, cancellation of
liquidated damages up to $100,000 may only be performed by the
Fines, Penalties, and Forfeiture Officers in New Orleans and Mobile
and the Port Directors in Calexico and Tecate.
4. Part 24--Customs Financial and Accounting Procedure--
Determination of approval on a district-wide basis for deferred
payment of estimated taxes for alcoholic beverages under Sec. 24.4
is not delegated under this order.
5. Part 111--Customs Brokers--The following decisions and/or
actions required by Part 111 of the Customs Regulations to be made
or taken by the district director are not delegated under this
order:
A. Sec. 111.22--Authority to grant exemptions from certain
record keeping requirements.
B Sec. 111.54--Authority to act as the ``appropriate officer of
the Customs'' within the scope of 19 U.S.C. 1641(d)(2).
C Sec. 111.59--Serve the broker with notice that Customs intends
to take disciplinary action against the broker.
D. Sec. 111.60-end--Participate in disciplinary proceedings
against a broker.
E. Actions under Appendix C to Part 171 of the Customs
Regulations.
6. Part 112--Carriers, Cartmen, and Lightermen--In addition to
the district directors, the following decisions and/or actions
required by Part 112 of the Customs Regulations to be made or taken
by the district director may be made or taken only by the Port
Director in Calexico:
A. Secs. 112.11-14--Issuance of authorizations and bonds for
carriers between ports.
B. Secs. 112.21-25--Issue a district--wide license for cartmen
and lightermen. Issue of cartmen and lighterman bond.
C. Sec. 112.30--Revoke or suspend the license of a cartman or
lighterman.
D. Sec. 112.48--Revoke or suspend the identification card for an
employee of a cartman or lighterman.
7. Part 113--Customs Bonds--In addition to the district
directors, only the Port Director in Calexico may make or take the
following decisions and/or actions required by Part 113 of the
Customs Regulations to be made or taken by the district director:
A. Sec. 113.11--For transactions which affect the District of
San Diego, the bond may be approved, filed, and maintained for that
district by the Port Director in Calexico. For transactions which
affect more than one Customs district, the bond may be filed in any
district or with the Port Director in Calexico.
B. Sec. 113.13--Periodically review each bond filed in the port.
C. Sec. 113.15--Bonds filed with the Port Director in Calexico
will remain on file in the offices of that port.
D. Sec. 113.27--Receive notice from the surety of termination of
the bonds filed within the Port of Calexico.
E. Sec. 113.38--Refuse to accept a bond from a significantly
delinquent surety operating in the Port of Calexico.
F. Sec. 113.39--Take the initial steps to remove a surety's
Certificate of Authority under Treasury Department Circular 570.
8. Part 114--Carnets--Sec. 114.34--In addition to the district
directors, only the Port Directors in Calexico and Tecate and the
Fines, Penalties, and Forfeiture Officers in New Orleans and Mobile
are authorized to cancel certain liquidated damages against a TIR or
ATA Carnet.
9. Part 123--Customs Relations with Canada and Mexico--
Sec. 123.9--In addition to the district directors, only the Port
Directors in Calexico and Tecate may make the decisions regarding
the manifest discrepancy report.
10. Part 125--Cartage and Lighterage of Merchandise--
Sec. 125.72--In addition to the district directors, only the Port
Directors in Calexico and Tecate or the Fines, Penalties, and
Forfeiture Officers in New Orleans and Mobile may cancel liability
for liquidated damage claims against the bond of a cartman or
lighterman, up to $100,000.
11. Part 128--Express Consignments--Sec. 128.11-12--Authority to
act on applications for an express consignment carrier or a hub
facility is not delegated under this order.
12. Part 132 Quotas--Sec. 132.14--In addition to the district
directors, only the Port Directors in Calexico and Tecate may assess
claims for liquidated damages under the importer's bond for quota
violations. In addition to the district directors, only the Port
Directors in Calexico or Tecate and the Fines, Penalties, and
Forfeiture Officers in New Orleans and Mobile may cancel claims for
liquidated damages under the importer's bond for quota violations.
13. Part 134--Country of Origin Marking--In addition to the
district directors, the following decisions and/or actions required
by Part 134 of the Customs Regulations to be made or taken by the
district director may be made or taken only by the Customs officers
specified:
A. Sec. 134.34--Granting extensions of the date for liquidation
of entries subject to repacking may only be made by the Port
Directors in Calexico and Tecate.
B. Sec. 134.54--Assessment of liquidated damages for marking or
attendant redelivery violations may only be made by the Port
Directors in Calexico and Tecate. Mitigation of liquidated damages
for marking or attendant redelivery violations may be made by the
Port Directors in Calexico and Tecate and the Fines, Penalties, and
Forfeiture Officers in New Orleans and Mobile.
14. Part 141--Entry of Merchandise--In addition to the district
directors, the following issues and/or actions required by Part 141
of the Customs Regulations to be made or taken by the district
director may be made or taken only by the Customs officers
specified:
A. Sec. 141.15--Acceptance of a bond for production of a bill of
lading may also be made by the Port Directors in Calexico and
Tecate.
B. Sec. 141.90--Approval of the entered tariff classification,
rate of duty, value, and estimated duties may also be made by the
Port Director in Calexico. (Also see Sec. 141.103.)
15. Part 142--Entry Process--Except as noted, in addition to the
district directors, the following decisions and/or actions required
by Part 142 of the Customs Regulations to be made or taken by the
[[Page 3924]]
district director may be made or taken only by the Port Directors in
Calexico and Tecate:
A. Sec. 142.4--Determination for waiver of surety or cash
deposit at time of entry.
B. Sec. 142.13--Special authority to require that entry summary
documentation and estimated duties be deposited prior to release of
the merchandise.
C. Sec. 142.15--Assessment of liquidated damages for failure to
file timely entry summary. In addition, such decisions may also be
made by any port director in the districts of New Orleans and
Mobile.
D. Sec. 142.17a--Authority to permit one consolidated entry
summary by a broker for multiple consignees.
E. Sec. 142.21--Discretion to release certain merchandise under
a special permit for ID in accordance with 19 U.S.C. Sec. 1448.
F. Sec. 142.27--Authority to make demand for liquidated damages
where the documentation requirements of this part are not met.
16. Part 143--Special Entry Procedures--Sec. 143.11--In addition
to the district directors, only the Port Directors in Calexico and
Tecate may approve certain merchandise for appraisement entry
without the commissioner's approval.
17. Part 146--Foreign Trade Zones--The following decisions and/
or actions required by Part 146 of the Customs Regulations to be
made or taken by the district director are not delegated under this
order:
A. Throughout this part--Exercise the approval required of the
district director.
B. Sec. 146.2--Be in charge of a foreign trade zone as the
representative of the FTZ Board.
C. Sec. 146.6--Receive and act upon a request to activate a zone
or a zone site.
D. Sec. 146.7--Approve or disapprove zone changes.
E. Sec. 146.81--Assess fines for violation of the FTZ laws and
regulations by a grantee, officer, agent, operator, or employee of
the zone.
F. Sec. 146.82--Suspend for cause the activated status of a zone
or zone site of a lesser privilege granted to the zone or zone site
under the regulations.
G. Sec. 146.83--Recommend to the FTZ Board that the privilege of
establishing, operating, and maintaining a zone or subzone be
revoked for willful and repeated violations of the Act.
18. Part 151--Examination, Sampling, and Testing of
Merchandise--Note that authority to approve certain non-emergency
operations still requires the written approval of Commissioner of
Customs as well as that of the port director.
19. Part 152--Classification and Appraisement of Merchandise--
Secs. 152.103, 152.105, 152.105, and 152.106--Authority to make
valuation decisions is not delegated by this order.
20. Part 158--Relief from Duties on Merchandise Lost, Damaged,
Abandoned, or Exported--In addition to the district directors,
allowances for lost, damaged, abandoned, or exported merchandise
required to be shown to the satisfaction of and approved by the
district director may also be shown to the satisfaction of only the
Port Director in Calexico.
21. Part 159--Liquidation of Duties--In addition to the district
directors, the following decisions and/or actions required by Part
159 of the Customs Regulations to be made or taken by the district
director may be made or taken only by the Port Director in Calexico:
A. Sec. 159.12--Authority to extend the one year statutory
period for liquidation of an entry.
B. Sec. 159.44--Where it appears that articles may be subject to
the special duties provided for in 15 U.S.C. Sec. 73 (regarding
restraint of trade) the specified port director shall report the
matter to the Commissioner of Customs and await instructions.
C. Sec. 159.58--Suspend liquidation on merchandise which may be
subject to antidumping or countervailing duties.
22. Part 161--General Enforcement Provisions--Sec. 161.16--In
addition to the district directors, any port director in the
district of San Diego and the Special Agent in Charge, New Orleans
are the only parties who may make a recommendation on an informant's
19 U.S.C. Sec. 1619 claim to Headquarters.
23. Part 162--Recordkeeping, Inspection, Search and Seizure--
Except as noted, the following decisions and/or actions required by
Part 162 of the Customs Regulations to be made or taken by the
district director, are not delegated under this order:
A. Sec. 162.1d--Issuance of a summons for examination of records
and witnesses.
B. Sec. 162.44--Only the port directors in the district of San
Diego and the Fines, Penalties, and Forfeitures Officers in New
Orleans and Mobile are authorized to accept a written offer to pay
the appraised domestic value of property seized and to release the
property to the owner. 19 U.S.C. Sec. 1614.
C. Sec. 162.47--The port directors in the district of San Diego
and the Fines, Penalties, and Forfeitures Officers in New Orleans
and Mobile may, upon satisfactory proof of financial inability,
waive the bond requirement for any person claiming an interest in
seized property.
D. Sec. 162.74--Authority to make determinations with regard to
``prior disclosure'' cases.
24. Part 171--Fines, Penalties, and Forfeitures--In addition to
the district directors, the following decisions and/or actions
required by Part 171 of the Customs Regulations to be made or taken
by the district director may be made or taken only by the officers
noted below:
A. Sec. 171.21--Mitigation or remission of fines, penalties, and
forfeitures up to the designated limits of this section may be made
by any port director in the District of San Diego or by the Fines,
Penalties, and Forfeitures Officers in New Orleans and Mobile.
B. Sec. 171.22--The ``special classes of cases'' specified in
this section may be acted upon by any port director in the District
of San Diego and by the Fines, Penalties, and Forfeitures Officers
in New Orleans and Mobile.
Sec. 171.33--Note that in section 2 to this delegation order,
decisions on supplemental petitions under this section for matters
arising in the District of San Diego will be made by the Fines,
Penalties, and Forfeitures Regional Coordinator for the Southwest
Region. Decisions on supplemental petitions under this section for
matters arising in the South Central Region will be made by the
Fines, Penalties, and Forfeitures Regional Coordinator for the
Southeast Region.
25. Part 172--Liquidated Damages--In addition to the district
directors, the following decisions and/or actions required by Part
171 of the Customs Regulations to be made or taken by the district
director may be made or taken only by the officers noted below:
A. Sec. 172.21--Cancellation of a claim for liquidated damages
incurred when the claim is $100,000, or less may be done by any port
director in the District of San Diego and by the Fines, Penalties,
and Forfeitures Officers in New Orleans and Mobile.
Sec. 172.22--The additional ``special cases'' specified in this
section which may be acted upon by the district director may be
acted upon by any port director in the District of San Diego and by
the Fines, Penalties, and Forfeitures Officers in New Orleans and
Mobile.
C. Sec. 172.31--Cancellation of a claim for liquidated damages,
when it is definitely determined that the act or omission forming
the basis for the claim did not occur, may be performed by any port
director in the District of San Diego and by the Fines, Penalties,
and Forfeitures Officers in New Orleans and Mobile.
Sec. 172.33--Note that in section 2 to this delegation order,
decisions on supplemental petitions under this section for matters
arising in the District of San Diego will be made by the Fines,
Penalties, and Forfeitures Regional Coordinator for the Southwest
Region. Decisions on supplemental petitions under this section for
matters arising in the South Central Region will be made by the
Fines, Penalties, and Forfeitures Regional Coordinator for the
Southeast Region.
26. Part 174--Protests--In addition to the district directors,
the following decisions and/or actions required by Part 174 of the
Customs Regulations to be made or taken by the district director may
be made or taken only by the Port Directors in Calexico and Tecate:
A. Sec. 174.11--``Matters subject to protest'' include decisions
of the Port Directors in Calexico and Tecate. Protests may continue
to be filed with any port director.
B. Sec. 174.22--Review of accelerated protests.
Note: Under Sec. 174.24, one of the criteria for ``further
review'' of a protest is an inconsistent decision in any district
with respect to the same or substantially similar merchandise. That
criteria is extended to an inconsistent decision by the Port
Directors in Calexico and Tecate as though those individuals were
district directors.
27. Part 176--Proceedings in the Court of International Trade--
Sec. 176.1--Notice of the protest is served upon the district or
port director making the decision protested.
28. Part 191--Drawback--In addition to the district directors,
the following decisions and/or actions required by Part 191 of the
Customs Regulations to be made or taken by the district director may
be made or taken only by the Port Directors in Calexico and Tecate:
[[Page 3925]]
A. Sec. 191.53--Exporter's summary is a drawback procedure for
which permission is not being delegated by this order.
B. Sec. 191.62--Drawback claims may be filed only with the
specified port directors.
C. Sec. 191.136--When a bill of lading is required for
completion of a claim that merchandise was exported from continuous
Customs custody, only the specified port directors may accept a
statement setting forth the reasons for failure to produce the bill
of lading.
D. Sec. 191.141--Procedures for ``same condition'' (now
``unused'') and rejected merchandise drawback may only be exercised
by the specified port directors.
Sec. 2. (A) The authority of the Regional Commissioner, Pacific
Region, under 19 CFR Sec. 171.33 to consider and grant relief on
supplemental petitions for the District of San Diego, for the
pendency of this delegation order is hereby vested in the Fines,
Penalties, and Forfeitures Regional Coordinator for the Southwest
Region. The authority of the Regional Commissioner, South Central
Region, under 19 CFR Sec. 171.33 to consider and grant relief on
supplemental petitions, for the pendency of this delegation order,
is hereby vested in the Fines, Penalties, and Forfeitures Regional
Coordinator for the Southeast Region.
(B) The authority of the Regional Commissioner, Pacific Region,
under 19 CFR Sec. 172.33 to consider and grant relief on
supplemental petitions for the District of San Diego, for the
pendency of this delegation order, is hereby vested in the Fines,
Penalties, and Forfeitures Regional Coordinator for the Southwest
Region. The authority of the Regional Commissioner, South Central
Region, under 19 CFR Sec. 172.33 to consider and grant relief on
supplemental petitions, for the pendency of this delegation order,
is hereby vested in the Fines, Penalties, and Forfeitures Regional
Coordinator for the Southeast Region.
Sec. 3. Pursuant to 19 CFR Sec. 101.2, action by any person
pursuant to the authority contained in this Delegation Order shall
be valid despite the existence of any statute or regulation,
including any provision of the Customs Regulations, which provides
that such action shall be taken by some other person. Any person
acting under this delegated authority shall be deemed to have
complied with any statute or regulation which provides or indicates
that it shall be the duty of some other person to perform such
action.
Consistent with Customs commitment, as set forth in the Federal
Register of August 16, 1994 (at page 41993), these delegations shall
not affect the processing of merchandise.
George J. Weise,
Commissioner of Customs.
[FR Doc. 95-1519 Filed 1-17-95; 2:24 pm]
BILLING CODE 4820-02-P
