[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43262-43267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20506]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143,
144, 148, 162, 173, 174 and 181
[T.D. 99-64]
Technical Corrections to the Customs Regulations
AGENCY: Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by making certain
technical corrections necessary to ensure that the regulations are as
accurate and up-to-date as possible. Some of the corrections involve
typographical and printing errors, some involve corrections to
correlate with prior regulatory changes, some involve changes to
regulatory language to more accurately reflect the underlying statutory
language; however, none of the corrections involve changes in
substantive legal requirements.
EFFECTIVE DATE: August 10, 1999.
FOR FURTHER INFORMATION CONTACT: Keith Rudich, Regulations Branch (202)
927-2391.
SUPPLEMENTARY INFORMATION:
Background
It is Customs policy to periodically review its regulations to
ensure that they are as accurate and up-to-date as possible, so that
the importing and general public are aware of Customs programs,
requirements, and procedures regarding import-related activities. As
part of this review policy, Customs has determined that certain changes
affecting Parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143,
144, 148, 162, 173, 174 and 181 of the Customs Regulations (19 CFR
parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143, 144, 148,
162, 173, 174 and 181) are necessary to correct typographical and
citation-referencing errors, and to make certain conforming changes to
the regulations. Many of these changes are being made to conform the
language in the Customs Regulations to the language of the Customs
Modernization provisions of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182, Title VI) (``the Mod Act'').
Following is a summary of these changes:
Discussion of Changes
Part 4
Section 4.9(f) provides that the master of a vessel who fails to
make entry or presents any entry document which is forged, altered or
false is liable for certain civil penalties, as provided in 19 U.S.C.
1436. This document amends Sec. 4.9(f) to reflect the amendment to 19
U.S.C. 1436 by section 611 of the Mod Act that penalties are also
applicable for electronically transmitting any forged, altered, or
false document, paper, information, data or manifest to Customs.
Section 4.12(a)(5) provides that unless the vessel master provides
the required notification of a manifest discrepancy and that the
discrepancy was due to clerical error, applicable penalties will be
assessed. Further, repeated manifest discrepancies may be deemed
negligent and not clerical error. This document amends the definition
of ``clerical error'' to match the definition provided in 19 U.S.C.
1584 as amended by section 619 of the Mod Act, to include electronic
submissions. Accordingly, after the word ``submission'' the words
``(electronically or otherwise)'' are added.
Section 4.61(b) requires the port director to verify that a vessel
is in compliance with certain requirements prior to granting clearance.
Section 4.61(b)(3), concerning documentation, makes a reference to
Sec. 4.64, which is a ``reserved'' section. Therefore, this document
deletes the reference to Sec. 4.64.
Section 4.82 concerns vessels touching at a foreign port while in
[[Page 43263]]
coastwise trade. In Sec. 4.82(a) and (d), footnotes 112, and 113,
respectively contain requirements pertaining to manifests of cargo and
whether a duty is payable by reason of a vessel taken in at one port of
the United States and touching at a foreign port during the voyage.
Changes made to 19 U.S.C. 293 and 294, as amended by section 686 of the
Mod Act, necessitate the removal of footnotes 112 and 113,
respectively. Further, in Sec. 4.82(a), there is a reference to Great
Lakes license endorsements which were repealed by Pub. L. 104-324,
Title XI, Sec. 1115(a), 110 Stat. 3972 (October 19, 1996). Accordingly,
the language referring to Great Lakes license endorsements in
Sec. 4.82(a) is deleted.
Part 10
In Sec. 10.41b(b)(1), concerning receiving permission from the port
director for release of certain shipping devices in international
traffic without entry or duty and without the shipping devices being
serially numbered or marked, the number ``13'' inadvertently appears
between the words ``serially'' and ``numbered''. The number ``13'' is,
therefore, deleted.
In Sec. 10.41b(b)(2)(iv), concerning the reporting period for the
clearance of serially numbered substantial holders or outer containers,
the number ``14'' inadvertently appears between the word ``tendered''
and an open parenthesis mark. The number ``14'' is, therefore, deleted.
In Sec. 10.41b(b)(4), concerning the port director's actions on the
application for exemption from serial numbering or marking
requirements, the number ``15'' inadvertently appears between the words
``the'' and ``application''. The number 15 is, therefore, deleted.
Part 12
In Sec. 12.8(b), concerning liquidated damages assessed for breach
of a bond on imported meat, meat-food products, horse meat, and horse
meat-food products, the monetary cap of $20,000 for cancellation of
liquidated damages by a port director is referenced. However,
Sec. 172.21 provides that a Fines, Penalties, and Forfeiture Officer
may cancel claims for liquidated damages when the claim is $100,000 or
less. Accordingly, for consistency, Sec. 12.8(b) is revised to replace
the $20,000 with $100,000.
Part 24
In Sec. 24.21(b)(9), concerning the fees charged for administrative
overhead costs, the reference to ``Sec. 111.12(a)(2)'' is revised to
read ``Sec. 111.12(a)''.
In Sec. 24.24(g), concerning the maintenance of records for the
harbor maintenance fee, the last sentence references ``Secs. 162.1a
through 162.1i''; however, effective July 16, 1998, the adoption of new
Part 163 replaces the reference for those sections. Accordingly, the
reference is revised to ``part 163''.
Part 102
Section 102.20 lists for specific North American Free Trade
Agreement purposes specific tariff shift rules and other requirements
for determining the country of origin of imported goods other than
textiles and apparel products covered by Sec. 102.21. In
Sec. 102.20(p), Section XVII: Chapters 86 through 89, the entry under
``Tariff shift and/or other requirements'' for 8716.10-8716.80 is
grammatically unclear and is revised to read ``A change to subheading
8716.10 through 8716.80 from any other heading, or from subheading
8716.90 except when that change is pursuant to General Rule of
Interpretation 2(a).''
Part 112
In Sec. 112.41, concerning identification cards for a licensed
cartman or lighterman and their employees, the title ``the Bureau of
Customs'' is used. Customs is officially a ``Service'', not a
``Bureau''. Accordingly, the words ``the Bureau of'' are deleted.
Part 113
In Sec. 113.38(c)(4), concerning Customs review of a submission by
a delinquent surety before determining whether to not accept further
bonds from the surety, there is a reference to ``(c)(4)''. Due to the
deletion of a prior paragraph the numbering for this reference should
read ``(c)(3)''. Accordingly, the reference to ``(c)(4)'' is revised to
read ``(c)(3)''.
Part 118
In Sec. 118.12, concerning a port director's actions on an
application for a centralized examination station (CES), the second
sentence is amended by deleting the word ``imported'' to conform to
changes made in T.D. 98-29.
Part 122
In Sec. 122.162(b), concerning the failure to notify the port
director and explain differences in an air cargo manifest, the
definition of ``clerical error'' is being changed to match the
definition provided in 19 U.S.C. 1584 as amended by section 619 of the
Mod Act, to include electronic submissions and correspond to the
identical definition appearing at Sec. 4.12(a)(5).
Part 133
In Secs. 133.26 and 133.46, involving the demand for redelivery of
released merchandise and the demand for redelivery of released
articles, respectively, the reference to Sec. 141.113(g) should read
Sec. 141.113(h). The reference is accordingly revised.
Part 141
Sections 141.64, 141.90(a) and 141.103 are amended in light of the
amendment of 19 U.S.C. 1484 by section 637 of the Mod Act which shifted
to the importer of record the burden to use reasonable care in
providing to Customs the correct classification, appraisement and rate
of duty applicable to merchandise in entry documentation, and
furnishing at the time of entry sufficient information to enable
Customs to determine admissibility, assess proper duties, collect
accurate statistics and to determine compliance with any other legal
requirement. Accordingly, Customs believes that the regulations should
no longer provide that Customs has the burden to review entry and entry
summary documentation before acceptance to ensure that all entry and
statistical requirements are complied with and that indicated values
and rates of duty appear to be correct; Sec. 141.64 currently provides
that Customs has that burden. Section 141.64 is being amended to
reflect that while it is not Customs burden to review entry and entry
summary documentation, Customs may still in its discretion return
documentation in which errors are found prior to acceptance. Further,
in accordance with 19 U.S.C. 1484, the entered tariff classification,
rate of duty, value and estimated duties no longer need to be approved
by the port director; Sec. 141.90(a) now provides that the port
director has this responsibility. Also, as a result of the above
amendment to section 1484, it is not the port director's responsibility
to determine the amount of estimated duties ``deemed necessary'' to be
deposited; Sec. 141.103 now states that this is the port director's
responsibility. Accordingly, as it is now the responsibility of the
importer of record to use ``reasonable care'' in submitting proper
information and documentation with Customs, pursuant to 19 U.S.C. 1484,
these responsibilities of Customs regarding acceptance of entry
documentation are removed from the regulations. To effect this,
Sec. 141.64 is amended by removing the word ``shall'' in the first
sentence and inserting the word ``may'' in its place; Sec. 141.90 is
amended by removing and reserving paragraph (a); and Sec. 141.103 is
amended by removing the words ``deemed necessary by the port
director''.
[[Page 43264]]
In Sec. 141.68(b), concerning when an entry summary serves as both
the entry documentation and entry summary, there is a reference to
Sec. 142.13(c). Pursuant to a realignment of the paragraphs of
Sec. 142.13 by T.D. 95-77, the correct reference should be
``Sec. 142.13(b)''. The reference is accordingly revised.
In Sec. 141.113(b), concerning the recall of textiles and textile
products released from Customs custody, the reference to
Sec. 113.62(k)(1) should read Sec. 113.62(l)(1). The reference is
accordingly revised.
Part 143
In Sec. 143.21(j), concerning merchandise determined to be unique
in character or design so as to be eligible for informal entry, the
language is clarified by deleting the word ``so'' before the word
``unique'' and adding ``, such'' after the word ``design''.
Part 144
Section 144.37(h)(2)(vi) concerns a Class 9 warehouse withdrawal
for exportation using a sales ticket for goods purchased in a duty-free
store. This section is corrected to reflect that the importer's
personal exemption is available as to goods purchased in a duty-free
store, should such goods later be returned to the United States. This
conforms the section with 19 U.S.C. 1555(b)(6)(B) and Sec. 19.35(e)(2).
Part 148
In Sec. 148.51(a)(1), concerning the application for exemption from
duty and internal revenue tax by a nonresident arriving in the U.S. who
is not entitled to an exemption for gifts, the reference to subheading
``9804.00.39'', HTSUS is incorrect. This reference is amended to read
subheading ``9804.00.30'', HTSUS.
Part 162
In Sec. 162.65(c), concerning the notice and demand for payment of
a penalty for cargo or baggage containing unmanifested narcotic drugs
or marihuana, the last word of the first sentence ``responsiblie'' is
misspelled. This document corrects the misspelled word.
Section 162.72(b), concerning the penalties for violation of
section 584(a)(1), Tariff Act of 1930 (19 U.S.C. 1584(a)(1)), as
amended, states that the penalty for lack of or discrepancy in a
manifest is $500. Pursuant to 19 U.S.C. 1584, the penalty amount of
$500 has been increased to $1000. This document corrects the regulation
to reflect the correct statutory penalty.
In Sec. 162.73, concerning penalties under section 592, Tariff Act
of 1930, as amended (19 U.S.C. 1592), the language is revised to
reflect that pursuant to Pub. L. 104-295, the penalty is applicable to
taxes and fees as well as duties.
In Sec. 162.74(c), as amended by T.D. 98-49 published in the
Federal Register (63 FR 29126) on May 28, 1998, concerning the tender
of actual loss of duties under a prior disclosure by a person of a
violation of law committed by that person involving the filing or
attempted filing of a drawback claim, or an entry or introduction, or
attempted entry or introduction of merchandise in the United States by
fraud, gross negligence, or negligence, the words ``his or her'' in the
second sentence are misleading regarding the fact that Customs
calculates the actual loss of duties. This document clarifies the
matter.
In Sec. 162.79b, concerning the recovery of the actual loss of
duties resulting from a violation of 19 U.S.C. 1592, the language is
revised to reflect that there is liability for taxes and fees as well
as duties.
Part 173
Section 173.6 provides that where there is probable cause to
believe there is fraud in a case, a port director may reliquidate an
entry within two years after the date of liquidation or last
reliquidation. This section is being removed from the regulations. The
authority for Sec. 173.6 was 19 U.S.C. 1521 which was repealed by
section 618 of the Mod Act.
Part 174
In Sec. 174.13(a), concerning the contents of a protest, there are
nine paragraphs detailing the types of information required. The
connective word ``and'' should be set forth between paragraphs (a)(8)
and (a)(9), rather than between paragraphs (a)(7) and (a)(8) as is
currently printed. Also, in (a)(9), the word ``declaration'' is
misspelled as ``delcaration''. This document corrects these errors.
Part 181
In Sec. 181.82(b)(1)(ii), concerning ``voluntarily'' correcting a
declaration in connection with a claim for preferential tariff
treatment for a good under NAFTA so as to not be subject to a penalty,
the reference to ``Sec. 162.74(g)'' is revised to read
Sec. 162.74(i)''. This reflects the restructuring of Sec. 162.74 set
forth in T.D. 98-49.
In Sec. 181.93(b)(5)(i)(B)(4), concerning whether the requester for
a NAFTA advance ruling has knowledge that the issue is already subject
of a request for an advance ruling, there is a reference to
Sec. 181.76(d)(1). However, because a new section (b) was added to
Sec. 181.76 by T.D. 95-68, the original Sec. 181.76(d)(1) was
redesignated as Sec. 181.76(e)(1). Therefore, the reference to
Sec. 181.76(d)(1)'' is revised to read ``Sec. 181.76(e)(1)''.
Inapplicability of Public Notice and Comment Requirements, Delayed
Effective Date Requirements, the Regulatory Flexibility Act, and
Executive Order 12866
Inasmuch as these amendments merely correct certain typographical,
technical and printing errors in the regulations and otherwise conform
the Customs Regulations to existing law or practice, pursuant to 5
U.S.C. 553(a)(2) and (b)(B), good cause exists for dispensing with
notice and public procedure thereon as unnecessary. For the same
reasons, good cause exists for dispensing with a delayed effective date
under 5 U.S.C. 553(a)(2) and (d)(3). Since this document is not subject
to the notice and public procedure requirements of 5 U.S.C. 553, it is
not subject to provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). This amendment does not meet the criteria for a
``significant regulatory action'' as defined in E.O. 12866.
Drafting Information. The principal author of this document was
Keith B. Rudich, Regulations Branch, Office of Regulations and Rulings,
U.S. Customs Service. However, personnel from other offices
participated in its development.
List of Subjects
19 CFR Part 4
Bonds, Cargo vessels, Common carriers, Customs duties and
inspection, Declarations, Drug traffic control, Entry, Exports, Fees,
Foreign commerce and trade statistics, Freight, Harbors, Imports,
Inspection, Merchandise, Penalties, Prohibited merchandise, Reporting
and recordkeeping requirements, Shipping, Vessels.
19 CFR Part 10
Customs duties and inspection, Imports, Reporting and recordkeeping
requirements.
19 CFR Part 12
Animals, Bonds, Customs duties and inspection, Economic sanctions,
Entry of merchandise, Fees assessment, Imports, Meats, Reporting and
recordkeeping requirements, Sanctions.
19 CFR Part 24
Accounting, Customs duties and inspection, Fee, Financial and
accounting procedures, Harbors, Reporting and recordkeeping
requirements, Taxes, User Fees.
[[Page 43265]]
19 CFR Part 102
Customs duties and inspection, Customs ports of entry, Imports,
Shipments, Sureties.
19 CFR Part 112
Administrative practice and procedure, Customs duties and
inspection, Exports, Freight forwarders, Imports, Reporting and
recordkeeping requirements.
19 CFR Part 113
Bonds, Customs duties and inspection, Reporting and recordkeeping
requirements, Surety bonds.
19 CFR Part 118
Administrative practice and procedure, Bonds, Customs duties and
inspection, Drug traffic control, Reporting and recordkeeping
requirements, Security measures.
19 CFR Part 122
Administrative practice and procedure, Bonds, Customs duties and
inspection, Freight, Imports, Penalties, Reporting and recordkeeping
requirements.
19 CFR Part 133
Customs duties and inspection, Fees assessment, Imports, Penalties,
Prohibited merchandise, Reporting and recordkeeping requirements,
Restricted merchandise, Seizures and forfeitures, Trademarks, Trade
names.
19 CFR Part 141
Customs duties and inspection, Entry of merchandise, Reporting and
recordkeeping requirements.
19 CFR Part 143
Automated Broker Interface (ABI), Customs duties and inspection,
Electronic entry filing, Entry of merchandise, Invoice requirements,
Reporting and recordkeeping requirements.
19 CFR Part 144
Customs duties and inspection, Reporting and recordkeeping
requirements, Warehouses.
19 CFR Part 148
Aliens, Customs duties and inspection, Declarations, Foreign
officials, Privileges and immunities, Reporting and recordkeeping
requirements, Taxes.
19 CFR Part 162
Administrative practice and procedure, Customs duties and
inspection, Drug traffic control, Inspection, Law enforcement,
Penalties, Prohibited merchandise, Restricted merchandise, Reporting
and recordkeeping requirements, Search warrants, Seizures and
forfeitures.
19 CFR Part 173
Administrative practice and procedure, Customs duties and
inspection.
19 CFR Part 174
Administrative practice and procedure, Customs duties and
inspection, Reporting and recordkeeping.
19 CFR Part 181
Administrative practice and procedure, Canada, Customs duties and
inspection, Imports, Mexico, Reporting and recordkeeping requirements,
Trade agreements (North American Free-Trade Agreement).
Amendment to the Regulations
In accordance with the preamble, Parts 4, 10, 12, 24, 102, 112,
113, 118, 122, 133, 141, 143, 144, 148, 162, 173, 174 and 181 of the
Customs Regulations (19 CFR Parts 4, 10, 12, 24, 102, 112, 113, 118,
122, 133, 141, 143, 144, 148, 162, 173, 174 and 181) are amended as set
forth below:
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority citation for part 4 and the specific
relevant authority citations for Secs. 4.9, 4.12, and 4.82 continue to
read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;
46 U.S.C. App. 3, 91.
* * * * *
Section 4.9 also issued under 42 U.S.C. 269; 46 U.S.C. App. 677;
* * * * *
Section 4.12 also issued under 19 U.S.C. 1584;
* * * * *
Section 4.82 also issued under 19 U.S.C. 293, 294, 46 U.S.C.
App. 123;
* * * * *
Sec. 4.9 [Amended]
2. Section 4.9(f) is amended by removing in the first sentence the
language ``any document required by this section which is forged,
altered, or false,'' and adding in its place the words ``or transmits,
electronically or otherwise, any forged, altered, or false document,
paper, information, data or manifest,''.
Sec. 4.12 [Amended]
3. Section 4.12(a)(5) is amended by adding in the second sentence
after the word ``submission'' the words ``(electronically or
otherwise)''.
Sec. 4.61 [Amended]
4. Section 4.61(b)(3) is amended by removing the parenthetical
reference ``(Sec. 4.64)''.
Sec. 4.82 [Amended]
5. Section 4.82(a) is amended to add in the first sentence after
the first word ``A'' the words ``United States'', and to remove the
words '', where appropriate, a Great Lakes license endorsement'' and
add in their place the words ``coastwise endorsement, or both'.
6. Part 4 is amended by removing and reserving footnotes 112 and
113; and removing the superscript footnote referencing designations 112
and 113 from the text.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 and the specific
relevant authority citation for Sec. 10.41b 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.
* * * * *
Section 10.41b also issued under 19 U.S.C. 1202 (Chapter 98,
Subchapter III, U.S. Note 3, HTSUS);
* * * * *
Sec. 10.41b [Amended]
2. Section 10.41b(b)(1) is amended by removing in the first
sentence the number ``13'' which appears between the words ``serially''
and ``numbered'.
3. Section 10.41b(b)(2)(iv) is amended by removing the number
``14'' which appears between the word ``tendered'' and a parenthetical
clause.
4. In Sec. 10.41b(b)(4), the third sentence is amended by removing
the number ``15'' which appears between the words ``the'' and
``application''.
PART 12--SPECIAL CLASSES OF MERCHANDISE
1. The general authority citation for Part 12 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Sec. 12.8 [Amended]
2. Section 12.8(b) is amended in the first sentence by removing the
monetary cap of ``$20,000'' and adding in its place the monetary cap of
``$100,000''.
[[Page 43266]]
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
1. The general authority citation for Part 24 and the specific
relevant authority for Sec. 24.24 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 20, Harmonized Tariff Schedule of the United States (HTSUS)),
1450, 1624, 31 U.S.C. 9701.
* * * * *
Section 24.24 also issued under 26 U.S.C. 4461, 4462;
* * * * *
Sec. 24.21 [Amended]
2. Section 24.21(b)(9) is amended by removing the citation
``111.12(a)(2)'' and adding in its place the citation
``Sec. 111.12(a)''.
Sec. 24.24 [Amended]
3. ``In Sec. 24.24(g), the last sentence is amended by removing the
citations Secs. 162.1a through 162.1i'' and adding in their place the
citation ``part 163''.
PART 102--RULES OF ORIGIN
1. The general authority citation for Part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1624, 3314, 3592.
* * * * *
Sec. 102.20 [Amended]
2. Section 102.20(p), ``Section XVII: Chapters 86 through 89'', is
amended by revising the entry in the ``Tariff shift and/or other
requirements'' column adjacent to 8716.10-8716.80 in the ``HTSUS''
column, to read ``A change to subheading 8716.10 through 8716.80 from
any other heading, or from subheading 8716.90 except when that change
is pursuant to General Rule of Interpretation 2(a).''
PART 112--CARRIERS, CARTMEN, AND LIGHTERMEN
1. The general authority citation for Part 112 continues to read as
follows:
Authority: 19 U.S.C. 66, 1551, 1565, 1623, 1624.
* * * * *
Sec. 112.41 [Amended]
2. Section 112.41 is amended by removing in the first sentence the
words ``the Bureau of''.
PART 113--CUSTOMS BONDS
1. The general authority citation for Part 113 continues to read as
follows:
Authority: 19 U.S.C. 66, 1623, 1624.
* * * * *
Sec. 113.38 [Amended]
2. Section 113.38(c)(4) is amended by removing in the first
sentence the reference to ``(c)(4)'' and adding in its place
``(c)(3)''.
PART 118--CENTRALIZED EXAMINATION STATIONS
1. The general authority citation for Part 118 continues to read as
follows:
Authority: 19 U.S.C. 66, 1499, 1623, 1624; 22 U.S.C. 401; 31
U.S.C. 5317.
* * * * *
Sec. 118.12 [Amended]
2. Section 118.12 is amended by removing the word ``imported'' from
the last sentence.
PART 122--AIR COMMERCE REGULATIONS
1. The general authority citation for Part 122 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448,
1459, 1590, 1594, 1623, 1624, 1644, 1644a.
* * * * *
Sec. 112.162 [Amended]
2. Section 122.162(b) is amended by removing the words ``,made when
the manifest is prepared, assembled or submitted'' and adding in their
place the words ``in the preparation, assembly, or submission
(electronically or otherwise) of the manifest''.
PART 133--TRADEMARKS, TRADE NAMES AND COPYRIGHTS
1. The general authority citation for Part 133 and the specific
relevant authority citation for Secs. 133.26 and 133.46 continue to
read as follows:
Authority: 17 U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1624; 31
U.S.C. 9701.
* * * * *
Sections 133.26 and 133.46 also issued under 19 U.S.C. 1623.
* * * * *
Sec. 133.26 and 133.46 [Amended]
2. Sections 133.26 and 133.46 are amended by removing the citation
Sec. 141.113(g)'' and adding in its place the citation
``Sec. 141.113(h)''.
PART 141--ENTRY OF MERCHANDISE
1. The general authority citation for Part 141 and the specific
relevant authority citations for Secs. 141.68, 141.90, and 141.113
continue to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
Section 141.68 also issued under 19 U.S.C. 1315;
* * * * *
Section 141.90 also issued under 19 U.S.C. 1487;
* * * * *
Section 141.113 also issued under 19 U.S.C. 1499, 1623.
Sec. 141.64 [Amended]
2. Section 141.64 is amended by removing the word ``shall'' in the
first sentence and adding in its place the word ``may''.
Sec. 141.68 [Amended]
3. Section 141.68(b) is amended by removing the citation
``Sec. 142.13(c)'' and adding in its place ``Sec. 142.13(b)''.
Sec. 141.90 [Amended]
4. Section 141.90 is amended by removing and reserving paragraph
(a).
Sec. 141.103 [Amended]
5. Section 141.103 is amended by removing the words ``deemed
necessary by the port director''.
Sec. 141.113 [Amended]
6. Section 141.113(b) is amended by removing the citation
``Sec. 113.62(k)(1)'' and adding in its place ``Sec. 113.62(l)(1)''.
PART 143--SPECIAL ENTRY PROCEDURES
1. The general authority citation for Part 143 continues to read as
follows:
Authority: 19 U.S.C. 66, 1481, 1484, 1498, 1624.
* * * * *
Sec. 143.21 [Amended]
2. Section 143.21(j) is amended by removing the word ``so'' which
appears before the word ``unique'', and by adding, ``, such'' after the
word ``design''.
PART 144--WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS
1. The general authority citation for Part 144 and the specific
authority citation for Sec. 144.37 continue to read as follows:
Authority: 19 U.S.C. 66, 1484, 1557, 1559, 1624.
* * * * *
Section 144.37 also issued under 19 U.S.C. 1555, 1562.
Sec. 144.37 [Amended]
2. In Sec. 144.37(h)(2)(vi), the first sentence is amended by
removing the phrase ``without personal exemption'' and adding in its
place the phrase ``with personal exemption''.
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS
1. The general authority citation for Part 148 and the specific
relevant
[[Page 43267]]
authority citation for Sec. 148.51 continue to read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of
this part, except for subpart C, are also issued under 19 U.S.C.
1202 (General Note 20, Harmonized Tariff Schedule of the United
States).
* * * * *
Sections 148.43, 148.51, 148.63, 148.64, 148.74 also issued
under 19 U.S.C. 1321;
* * * * *
Sec. 148.51 [Amended]
2. Section 148.51(a)(1) is amended by removing the reference
``9804.00.39'' and adding in its place ``9804.00.30''.
PART 162--INSPECTION, SEARCH AND SEIZURE
1. The general authority citation for Part 162 and the specific
relevant authority citation for Secs. 162.65 and 162.72 continue to
read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1624.
* * * * *
Section 162.65 also issued under 19 U.S.C. 1584, 21 U.S.C. 960,
961;
Sections 162.65 and 162.72 also issued under 19 U.S.C. 1431(b)
and 19 U.S.C. 1644.
Sec. 162.65 [Amended]
2. Section 162.65(c) is amended by removing the last word of the
first sentence, ``responsiblie'', and adding in its place the word
``responsible''.
Sec. 162.72 [Amended]
3. Section 162.72 is amended by removing the amount ``$500'' in
paragraphs (b)(1), (b)(2) and (b)(3)(ii) and by adding ``$1,000'' in
its place.
Sec. 162.73 [Amended]
4. Section 162.73 is amended by adding after the word ``duties''
appears in paragraphs (a)(2)(i), (a)(2)(ii), (a)(3)(i), (a)(3)(ii),
(b)(1)(i), (b)(1)(ii), and (b)(2), the words '', taxes and fees''.
Sec. 162.74 [Amended]
5. Section 162.74(c) is amended by removing in the second sentence
the words ``his or her'' and adding in their place ``Customs''.
Sec. 162.79b [Amended]
6. Section 162.79b is amended by adding after each time the word
``duties'' appears in the heading and text, the words '', taxes and
fees''.
PART 173--ADMINISTRATIVE REVIEW IN GENERAL
1. The authority citation for part 173 continues to read as
follows:
Authority: 19 U.S.C. 66, 1501, 1520, 1624.
Sec. 173.6 [Removed]
2. Section 173.6 is removed.
PART 174--PROTESTS
1. The general authority citation for Part 174 continues to read as
follows:
Authority: 19 U.S.C. 66, 1514, 1515, 1624.
* * * * *
Sec. 174.13 [Amended]
2. Section 174.13(a)(7) is amended by removing the last word,
``and''.
3. Section 174.13(a)(8) is amended by removing the period at the
end of the sentence and adding in its place ``; and''.
4. Section 174.13(a)(9) is amended by removing the word
``delcaration'' and adding in its place the word ``declaration''.
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT
1. The general authority citation for Part 181 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1624, 3314.
* * * * *
Sec. 181.82 [Amended]
2. Section 181.82(b)(1)(ii) is amended by removing the reference
``Sec. 162.74(g)'' and adding in its place ``Sec. 162.74(i)''.
Sec. 181.93 [Amended]
3. Section 181.93(b)(5)(i)(B)(4) is amended by removing the
reference Sec. 181.76(d)(1)'' and adding in its place
``Sec. 181.76(e)(1)''.
Raymond W. Kelly,
Commissioner of Customs.
Approved: July 6, 1999.
John P. Simpson.
Deputy Assistant Secretary of the Treasury,
[FR Doc. 99-20506 Filed 8-9-99; 8:45 am]
BILLING CODE 4820-02-P
