80 FR 34924 - Notice of Opportunity and Procedures To Request Assistance on Tariff Classification and Customs Valuation Treatment by Other Customs Administrations Affecting United States Exports
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 80, Issue 117 (June 18, 2015)
U.S. Customs and Border Protection
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 34924-34926 | |
| FR Document | 2015-14968 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Notices] [Pages 34924-34926] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14968] [[Page 34924]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Opportunity and Procedures To Request Assistance on Tariff Classification and Customs Valuation Treatment by Other Customs Administrations Affecting United States Exports AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. ----------------------------------------------------------------------- SUMMARY: This document describes opportunities available to U.S. exporters to obtain assistance from U.S. Customs and Border Protection (CBP) to resolve matters concerning the tariff classification and customs valuation applied to U.S. exports by other governments. By publication of this notice, CBP invites U.S. exporters to submit requests for such assistance. DATES: June 18, 2015. ADDRESSES: Requests for assistance may be addressed to U.S. Customs and Border Protection, Office of International Trade, Regulations & Rulings, Attention: Commercial and Trade Facilitation Division, 90 K St. NE., 10th Floor, Washington, DC 20229-1177. FOR FURTHER INFORMATION CONTACT: For tariff classification matters, please contact Jacinto Juarez, Tariff Classification and Marking Branch, at (202) 325-0027, or Greg Connor, Tariff Classification and Marking Branch, at (202) 325-0025. For matters involving customs valuation, please contact Yuliya Gulis, Valuation and Special Programs Branch, at (202) 325-0042. SUPPLEMENTARY INFORMATION: Background U.S. Customs and Border Protection (CBP) has direct responsibility for enhancing U.S. economic competitiveness through the enforcement of the laws of the United States and the fostering of lawful international trade and travel. By reducing costs for industry and enforcing trade laws against counterfeit, unsafe, and fraudulently imported goods, CBP is working to facilitate legitimate trade, contribute to American economic prosperity, and protect against risks to public health and safety. As part of CBP's mission to secure and facilitate lawful international trade, CBP applies a number of legal requirements to goods imported into the customs territory of the United States. In almost all cases, imported goods must be ``entered'' (that is, declared to CBP), and are subject to detention and examination by CBP officers to ensure compliance with all laws and regulations enforced and administered by CBP. As part of the entry process, goods must be classified under the Harmonized Tariff Schedule of the United States (HTSUS) and their customs value must be determined. CBP is responsible for fixing the final tariff classification and customs valuation of entered goods through a process called ``liquidation.'' In making classification and valuation determinations, CBP applies two international instruments: The Harmonized Commodity Description Coding System (also known as the Harmonized System (HS)), and the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) 1994 (also known as the World Trade Organization (WTO) Agreement on Customs Valuation or the ``WTO Valuation Agreement''). Both international instruments share a similar goal of ensuring, at the technical level, a standard or uniform approach to the interpretation and application of tariff classification and valuation principles, respectively. Tariff Classification Pursuant to the International Convention on the Harmonized Commodity Description and Coding System (the ``HS Convention''), the World Customs Organization (WCO) developed the HS. The HS is an internationally-standardized product nomenclature used to classify traded products by name and number, and is intended to ensure, at the technical level, a uniform approach to the interpretation and application of tariff classifications. The WCO, established in 1952 as the Customs Co-operation Council (CCC), is an independent, intergovernmental body whose mission is to enhance the effectiveness and efficiency of customs administrations. The United States, along with 149 other countries and the European Union, is a contracting party to the HS Convention and uses the HS as a basis for its customs tariffs and the collection of international trade statistics. Subtitle B of title I of the Omnibus Trade and Competitiveness Act of 1988 (Sec. 1201, Pub. L. 100-418, 102 Stat. 1147, Aug. 23, 1988 (19 U.S.C. 3001)) (the Act) provides for the approval and implementation in the United States of the tariff classification principles set forth in the HS Convention and its associated Harmonized System nomenclature. More specifically, the Act provides for congressional approval of U.S. accession to the HS Convention (section 1203), enactment of the HTSUS (section 1204), and the publication of foreign trade statistics in conformity with the HS nomenclature (section 1208). In addition, under section 1209, the United States Trade Representative (USTR) is made responsible for coordinating trade policy concerning the HS Convention. Section 1210 of the Act provides that, subject to the policy direction of USTR, the Departments of Treasury and Commerce and the United States International Trade Commission (the Commission) shall have responsibility for formulating U.S. positions on technical and procedural issues relating to tariff classification under the HS Convention, and for representing the United States government at the WCO with respect thereto. To foster international uniformity in tariff classification matters under the HS, contracting parties have vested the WCO with responsibility for securing uniform interpretation of the HS and its periodic updating in light of developments in technology and changes in trade patterns. See Article 7 of the HS Convention. The WCO manages this process through the Harmonized System Committee (HSC), a committee composed of contracting parties to the HS Convention which meets twice a year to examine policy matters, take decisions on classification questions, settle disputes, and prepare amendments to the HS nomenclature and its Explanatory Notes. In accord with procedures established by the WCO governing body (the WCO Council), the HSC also prepares amendments updating the HS every four to six years. On November 10, 1988, the Office of the U.S. Trade Representative published in a Federal Register notice procedures to implement sections 1209 and 1210 of the Act. See 53 FR 45646. Therein, USTR designated the Treasury Department, represented at the time by legacy U.S. Customs Service (now CBP, as part of the Department of Homeland Security), to lead the U.S. delegation at meetings of the HSC at the WCO in Brussels, Belgium. Accordingly, Regulations and Rulings, within CBP's Office of International Trade, leads U.S. delegations at semi-annual meetings of the HSC at the WCO. CBP also serves with the Commission on U.S. delegations at meetings of the Harmonized System Review Subcommittee, which occur twice per year at the WCO. Article 10 of the HS Convention provides that any dispute between contracting parties concerning the [[Page 34925]] interpretation or application of the HS Convention is to be settled by negotiation between the contracting parties to the extent possible. If this cannot be accomplished, the parties (that is, the governments concerned) are to refer the dispute to the HSC for its consideration and recommendations. The HSC, in turn, is to refer irreconcilable disputes to the WCO Council for its recommendations. Customs Valuation With respect to customs valuation, the WTO Valuation Agreement established a standard system for the valuation of imported goods. The WTO Valuation Agreement ensures that determinations of the customs value for the application of duty rates to imported goods are applied in a neutral and uniform manner, precluding the use of arbitrary or fictitious customs values. As one of 160 Members of the WTO, the United States uses the Valuation Agreement as the basis for proper customs valuation methodology. Merchandise imported into the United States is appraised for customs purposes in accordance with Section 402 of the Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C. 1401a) (TAA). Consistent with principles set forth in the WTO Valuation Agreement, the primary method of appraisement is transaction value, which is defined as ``the price actually paid or payable for the merchandise when sold for exportation to the United States,'' plus amounts for certain statutorily enumerated additions to the extent not otherwise included in the price actually paid or payable. See 19 U.S.C. 1401a(b)(1). When transaction value cannot be applied, then the appraised value is determined based on the other valuation methods in the order specified in 19 U.S.C. 1401a(a). The WTO Valuation Agreement established the Technical Committee on Customs Valuation (TCCV), which operates under the auspices of the WCO, with a view to ensuring the uniform interpretation and application of internationally agreed upon customs valuation principles. The TCCV is responsible for the examination of technical problems arising in the day-to-day administration of the customs valuation systems of WTO Valuation Agreement signatories. In addition, the TCCV renders advisory opinions on appropriate solutions based upon the facts presented. The TCCV meets twice a year at the WCO to discuss issues concerning the interpretation and application of the WTO Valuation Agreement. Pursuant to Annex II to the WTO Valuation Agreement, the United States has the right to be represented at the TCCV to examine specific problems arising from the administration of the customs valuation systems of Members. The United States, which currently serves as Chair to the TCCV, may nominate one delegate and one or more alternates to be its representatives on the TCCV at semi-annual meetings in Brussels. CBP represents the United States at the semi-annual meetings of the TCCV at the WCO. Additionally, under Article 19 of the WTO Valuation Agreement, the United States may request consultation with a Member or Members if the U.S. considers any benefit to it under the Agreement is being nullified or impaired, or that the achievement of any objective of the Agreement is being impeded, directly or indirectly, as a result of the actions of another Member. Disputes arising under Article 19 of the WTO Valuation Agreement may be referred to the TCCV for an examination of any questions requiring technical consideration. CBP Participation at Meetings of the Harmonized System Committee and the Technical Committee on Customs Valuation Accordingly, at meetings of the HSC and TCCV at the WCO, the United States and other customs administrations participate and communicate regularly on issues concerning the interpretation and application of the HS and the WTO Valuation Agreement. Historically, it has been useful for CBP to conduct discussions with other customs administrations at the WCO with a view to reaching a common understanding and interpretation of these instruments. Such discussions can often serve to eliminate or resolve export issues for U.S. traders. For example, in 2014 CBP was contacted by a U.S. exporter who believed that its textile article was being misclassified by another customs administration. The company brought to CBP's attention the analysis applicable to the merchandise under published CBP rulings available at http://rulings.cbp.gov. The company requested that CBP contact the foreign customs administration to resolve the tariff classification matter, and if the matter could not be resolved, the U.S. company requested that CBP refer the matter to the HSC at the WCO. Within 30 days of receiving the technical assistance request, attorneys from the Tariff Classification and Marking Branch and import specialists from the National Commodity Specialist Division, within the Office of Regulations and Rulings (R&R), Office of International Trade reviewed the underlying classification issue and determined that the foreign customs administration's treatment of the merchandise was inconsistent with the proper interpretation of the HS. Following CBP's determination of the correct classification of the merchandise, R&R attorneys raised the issue bilaterally with the foreign customs administration and asked them to consider the matter. Following this bilateral exchange, and within seven months of the initial technical assistance request, CBP secured a favorable decision by the foreign customs administration to classify the merchandise in a manner consistent with the U.S. position and as requested by the exporter. As a result of CBP's engagement with the foreign customs administration, the U.S. company was able to obtain the correct tariff treatment of its imported merchandise in the foreign country. Inquiries Concerning Tariff Classification or Customs Valuation by Other Customs Administrations Affecting U.S. Exports By publication of this notice, U.S. Customs and Border Protection emphasizes that opportunities exist to strengthen communication and coordination between industry, CBP, other customs administrations, and the WCO to advance the shared goal of facilitating international trade. Greater collaboration with industry promotes improved technical understanding among contracting parties and helps to foster uniformity in the interpretation and application of the HS Convention and WTO Valuation Agreement. On matters involving non-uniform tariff classification or customs valuation treatment by other customs administrations, individual parties or firms do not have standing to initiate dispute settlement procedures or consultations under the HS Convention or the WTO Valuation Agreement. Consequently, for a U.S. individual or firm to raise a tariff classification or customs valuation dispute, that party must file an inquiry or complaint with the U.S. government and provide, or assist in the collection of, any information relating to the matter which may be required. Accordingly, CBP hereby invites U.S. exporters to file with CBP requests for assistance in resolving any tariff classification or customs valuation treatment by other customs administrations affecting U.S. exports. [[Page 34926]] Of course, as a threshold technical matter, in order to provide the requested assistance, CBP must agree with the position of the exporter with regard to the specific matter brought to CBP's attention. CBP will endeavor to provide an initial response to such requests within 60 days of their receipt. Thereafter, in cooperation with the appropriate agencies, CBP will consider the appropriate course of action, including but not limited to the initiation of consultations or dispute settlement at meetings of the HSC or TCCV at the WCO. The inquirer or complainant will be informed of the progress achieved in resolving the matter. Requests for assistance on tariff classification or customs valuation treatment by other customs administrations affecting U.S. exports should be addressed to U.S. Customs and Border Protection, Office of International Trade, Regulations & Rulings, Attention: Commercial and Trade Facilitation Division, 90 K St. NE., 10th Floor, Washington, DC 20229-1177. Confidentiality Information submitted by U.S. exporters concerning requests for assistance may, in some instances, include confidential commercial or financial information, the disclosure of which could result in competitive harm to the business submitter. Such information is, generally, protected under the provisions of the Freedom of Information Act (5 U.S.C. 552) (FOIA), the Privacy Act (5 U.S.C. 552a), and the Trade Secrets Act (18 U.S.C. 1905). If confidential treatment is requested, submitters should specifically designate the information it considers confidential. Such requests will be handled in accordance with CBP Regulations (19 CFR 103.35) regarding the protection of such information. Dated: June 12, 2015. Brenda B. Smith, Assistant Commissioner, Office of International Trade. [FR Doc. 2015-14968 Filed 6-17-15; 8:45 am] BILLING CODE 9111-14-P
![34926 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
Of course, as a threshold technical DEPARTMENT OF HOMELAND ACTION: Notice.
matter, in order to provide the requested SECURITY
assistance, CBP must agree with the SUMMARY: This is a notice of the
Federal Emergency Management Presidential declaration of a major
position of the exporter with regard to
Agency disaster for the Territory of Guam
the specific matter brought to CBP’s
(FEMA–4224–DR), dated June 5, 2015,
attention. [Internal Agency Docket No. FEMA–4222– and related determinations.
CBP will endeavor to provide an DR; Docket ID FEMA–2015–0002 4222]
DATES: Effective June 5, 2015.
initial response to such requests within FOR FURTHER INFORMATION CONTACT:
60 days of their receipt. Thereafter, in Amendment No. 4 to Notice of a Major
Disaster Declaration Dean Webster, Office of Response and
cooperation with the appropriate Recovery, Federal Emergency
agencies, CBP will consider the AGENCY: Federal Emergency Management Agency, 500 C Street SW.,
appropriate course of action, including Management Agency, DHS. Washington, DC 20472, (202) 646–2833.
but not limited to the initiation of ACTION: Notice. SUPPLEMENTARY INFORMATION: Notice is
consultations or dispute settlement at hereby given that, in a letter dated June
meetings of the HSC or TCCV at the SUMMARY: This notice amends the notice 5, 2015, the President issued a major
WCO. The inquirer or complainant will of a major disaster declaration for the disaster declaration under the authority
be informed of the progress achieved in State of Oklahoma (FEMA–4222–DR), of the Robert T. Stafford Disaster Relief
resolving the matter. Requests for dated May 26, 2015, and related and Emergency Assistance Act, 42
assistance on tariff classification or determinations. U.S.C. 5121 et seq. (the ‘‘Stafford Act’’),
customs valuation treatment by other DATES: Effective Date: June 4, 2015. as follows:
customs administrations affecting U.S. FOR FURTHER INFORMATION CONTACT: I have determined that the damage in
exports should be addressed to U.S. Dean Webster, Office of Response and certain areas of the Territory of Guam
Customs and Border Protection, Office Recovery, Federal Emergency resulting from Typhoon Dolphin during the
of International Trade, Regulations & Management Agency, 500 C Street SW., period of May 13–16, 2015, is of sufficient
Rulings, Attention: Commercial and Washington, DC 20472, (202) 646–2833. severity and magnitude to warrant a major
disaster declaration under the Robert T.
Trade Facilitation Division, 90 K St. SUPPLEMENTARY INFORMATION: Notice is Stafford Disaster Relief and Emergency
NE., 10th Floor, Washington, DC 20229– hereby given that the incident period for Assistance Act, 42 U.S.C. 5121 et seq. (the
1177. this disaster is closed effective June 4, ‘‘Stafford Act’’). Therefore, I declare that such
Confidentiality 2015. a major disaster exists in the Territory of
Guam.
The following Catalog of Federal Domestic
In order to provide Federal assistance, you
Information submitted by U.S. Assistance Numbers (CFDA) are to be used
are hereby authorized to allocate from funds
exporters concerning requests for for reporting and drawing funds: 97.030,
available for these purposes such amounts as
assistance may, in some instances, Community Disaster Loans; 97.031, Cora
you find necessary for Federal disaster
include confidential commercial or Brown Fund; 97.032, Crisis Counseling;
assistance and administrative expenses.
97.033, Disaster Legal Services; 97.034,
financial information, the disclosure of Disaster Unemployment Assistance (DUA);
You are authorized to provide Public
which could result in competitive harm Assistance and Hazard Mitigation throughout
97.046, Fire Management Assistance Grant;
to the business submitter. Such the Territory. Consistent with the
97.048, Disaster Housing Assistance to
requirement that Federal assistance be
information is, generally, protected Individuals and Households In Presidentially
supplemental, any Federal funds provided
under the provisions of the Freedom of Declared Disaster Areas; 97.049,
under the Stafford Act for Hazard Mitigation
Information Act (5 U.S.C. 552) (FOIA), Presidentially Declared Disaster Assistance—
will be limited to 75 percent of the total
Disaster Housing Operations for Individuals
the Privacy Act (5 U.S.C. 552a), and the and Households; 97.050, Presidentially
eligible costs. Federal funds provided under
Trade Secrets Act (18 U.S.C. 1905). If the Stafford Act for Public Assistance also
Declared Disaster Assistance to Individuals
confidential treatment is requested, will be limited to 75 percent of the total
and Households—Other Needs; 97.036,
eligible costs, with the exception of projects
submitters should specifically designate Disaster Grants—Public Assistance
that meet the eligibility criteria for a higher
the information it considers (Presidentially Declared Disasters); 97.039,
Federal cost-sharing percentage under the
confidential. Such requests will be Hazard Mitigation Grant.
Public Assistance Alternative Procedures
handled in accordance with CBP W. Craig Fugate, Pilot Program for Debris Removal
Regulations (19 CFR 103.35) regarding Administrator, Federal Emergency implemented pursuant to section 428 of the
the protection of such information. Management Agency. Stafford Act.
Further, you are authorized to make
Dated: June 12, 2015. [FR Doc. 2015–14978 Filed 6–17–15; 8:45 am] changes to this declaration for the approved
Brenda B. Smith, BILLING CODE 9111–23–P assistance to the extent allowable under the
Assistant Commissioner, Office of Stafford Act.
International Trade. The Federal Emergency Management
DEPARTMENT OF HOMELAND
[FR Doc. 2015–14968 Filed 6–17–15; 8:45 am] Agency (FEMA) hereby gives notice that
SECURITY
BILLING CODE 9111–14–P pursuant to the authority vested in the
Federal Emergency Management Administrator, under Executive Order
Agency 12148, as amended, Rosalyn L. Cole, of
FEMA is appointed to act as the Federal
[Internal Agency Docket No. FEMA–4224–
tkelley on DSK3SPTVN1PROD with NOTICES
Coordinating Officer for this major
DR; Docket ID FEMA–2015–0002] disaster.
The following areas have been
Guam; Major Disaster and Related designated as adversely affected by this
Determinations major disaster:
AGENCY:Federal Emergency The Territory of Guam for Public
Management Agency, DHS. Assistance.
VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/80_FR_35041/page/3.svg)
Document Created: 2018-02-22 11:12:11
Document Modified: 2018-02-22 11:12:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | General notice. | |
| Dates | June 18, 2015. | |
| Contact | For tariff classification matters, please contact Jacinto Juarez, Tariff Classification and Marking Branch, at (202) 325-0027, or Greg Connor, Tariff Classification and Marking Branch, at (202) 325-0025. For matters involving customs valuation, please contact Yuliya Gulis, Valuation and Special Programs Branch, at (202) 325-0042. | |
| FR Citation | 80 FR 34924 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR