81_FR_57619 81 FR 57456 - Prohibition on Importation of Jadeite or Rubies Mined or Extracted From Burma, and Articles of Jewelry Containing Jadeite or Rubies Mined or Extracted From Burma

81 FR 57456 - Prohibition on Importation of Jadeite or Rubies Mined or Extracted From Burma, and Articles of Jewelry Containing Jadeite or Rubies Mined or Extracted From Burma

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57456-57458
FR Document2016-20057

This document amends the U.S. Customs and Border Protection (``CBP'') regulations to update the provisions relating to the prohibition on importation of jadeite or rubies mined or extracted from Burma, and articles of jewelry containing jadeite or rubies mined or extracted from Burma, following the expiration of the Burmese Freedom and Democracy Act of 2003, as amended by the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008. The CBP regulations are amended to reflect the import prohibitions set forth in Executive Order 13651 of August 6, 2013.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57456-57458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20057]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 12 and 163

[Docket No. USCBP-2016-0054; CBP Dec. 16-12]
RIN 1515-AE15


Prohibition on Importation of Jadeite or Rubies Mined or 
Extracted From Burma, and Articles of Jewelry Containing Jadeite or 
Rubies Mined or Extracted From Burma

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the U.S. Customs and Border Protection 
(``CBP'') regulations to update the provisions relating to the 
prohibition on importation of jadeite or rubies mined or extracted from 
Burma, and articles of jewelry containing jadeite or rubies mined or 
extracted from Burma, following the expiration of the Burmese Freedom 
and Democracy Act of 2003, as amended by the Tom Lantos Block Burmese 
JADE (Junta's Anti-Democratic Efforts) Act of 2008. The CBP regulations 
are amended to reflect the import prohibitions set forth in Executive 
Order 13651 of August 6, 2013.

DATES: Effective August 23, 2016.

FOR FURTHER INFORMATION CONTACT: Daniel Collier, Partner Government 
Agency Branch, Trade Policy and Programs, Office of International 
Trade, (202) 863-6225, [email protected]; or William Scopa, 
Branch Chief, Partner Government Agency Branch, Trade Policy and 
Programs, Office of International Trade, (202) 863-6554, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On July 28, 2003, the President signed into law the Burmese Freedom 
and Democracy Act of 2003 (Pub. L. 108-61) (the ``BFDA'') to sanction 
the military junta then ruling Burma. Among other provisions, the BFDA 
required the imposition, subject to annual renewal, of a ban on the 
importation into the United States of any article that is a product of 
Burma. To implement the BFDA, the President issued Executive Order 
(``E.O.'') 13310 (68 FR 44853, July 30, 2003). E.O. 13310 prohibited, 
among other things, the importation into the United States of any 
article that is a product of Burma.
    On July 29, 2008, the President signed into law the Tom Lantos 
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Pub. 
L. 110-286) (the ``JADE Act''), which, among other things, amended the 
BFDA to require a prohibition on the importation into the United States 
of jadeite or rubies mined or extracted from Burma and articles of 
jewelry containing such jadeite or rubies, referred to in the statute 
as Burmese covered articles. It also imposed certain conditions on the 
importation into the United States of jadeite or rubies mined or 
extracted

[[Page 57457]]

from a country other than Burma and articles of jewelry containing such 
jadeite or rubies, referred to in the statute as non-Burmese covered 
articles. Section 12.151 of the CBP regulations (Title 19, Code of 
Federal Regulations (``CFR''), section 12.151) currently reflects this 
prohibition on the importation of jadeite or rubies mined or extracted 
from Burma and articles of jewelry containing such jadeite or rubies as 
well as the imposition of certain conditions on the importation of 
jadeite or rubies mined or extracted from a country other than Burma 
and articles of jewelry containing such jadeite or rubies.
    The BFDA, as amended by the JADE Act, required annual renewal, 
which did not occur in 2013. As a result, the prohibition on the 
importation of jadeite or rubies mined or extracted from Burma and 
articles of jewelry containing jadeite or rubies mined or extracted 
from Burma and the corresponding conditions on the importation of 
jadeite or rubies mined or extracted from a country other than Burma 
and articles of jewelry containing jadeite or rubies mined or extracted 
from a country other than Burma expired on July 28, 2013. Subsequently, 
on August 6, 2013, the President signed E.O. 13651, titled 
``Prohibiting Certain Imports of Burmese Jadeite and Rubies'' which 
prohibits the importation of any jadeite or rubies mined or extracted 
from Burma as well as any articles of jewelry containing jadeite or 
rubies mined or extracted from Burma. See 78 FR 48793. E.O. 13651 also 
revoked the sections of E.O. 13310 imposing a prohibition on the 
importation into the United States of any article that is a product of 
Burma. As a result, there is no longer a general ban on importing into 
the United States any article that is a product of Burma; however, the 
specific ban on jadeite and rubies mined or extracted from Burma as 
well as articles of jewelry containing jadeite or rubies mined or 
extracted from Burma was reinstituted by E.O. 13651.

Explanation of Amendments

Part 12

    Section 12.151 is amended to reflect the expiration of the BFDA, as 
amended by the JADE Act, and the issuance of E.O. 13651. The specific 
authority citation for section 12.151 is amended accordingly by 
removing references to the BFDA, as amended by the JADE Act, 
Presidential Proclamation 8294, signed on September 26, 2008, and 
Additional U.S. Note 4 to Chapter 71 of the U.S. Harmonized Tariff 
Schedule (HTSUS), and adding a reference to the current authority, E.O. 
13651, of August 6, 2013 (78 FR 48793). While E.O. 13651 re-imposes the 
prohibition on the importation of jadeite and rubies mined or extracted 
from Burma and articles of jewelry containing such jadeite and rubies, 
it does not impose any conditions on the importation of jadeite and 
rubies mined or extracted from a country other than Burma or articles 
of jewelry containing jadeite or rubies mined or extracted from a 
country other than Burma as the BFDA, as amended by the JADE Act, did. 
Accordingly, section 12.151 is amended by removing paragraphs (c) 
through (f) which detail the certification and recordkeeping 
requirements for non-Burmese covered articles (referred to in 
section12.151 as ``regulated articles'').
    In addition, the heading to section 12.151 is revised to reflect 
the expiration of conditions on non-Burmese covered articles by 
removing the words ``and conditions''. The heading is further revised 
to more specifically refer to jadeite or rubies mined or extracted from 
Burma and articles of jewelry containing jadeite or rubies mined or 
extracted from Burma.
    The introductory text in paragraph (a) of section 12.151 is amended 
to remove the reference to the Tom Lantos Block Burmese JADE Act of 
2008 (Pub. L. 110-286) and to cite instead to the current authority, 
E.O. 13651 of August 6, 2013 (78 FR 48793). Paragraph (a) is also 
amended to reflect the expiration of conditions on non-Burmese covered 
articles by removing the words ``or conditioned''. Given that E.O. 
13651 does not impose any conditions on jade or rubies mined or 
extracted from a country other than Burma or articles of jewelry 
containing jade or rubies mined or extracted from a country other than 
Burma, it is no longer necessary to distinguish between ``prohibited 
articles'' and ``regulated articles''. As a result of the amendments 
described in this document, the list of prohibited articles, which is 
currently set forth in paragraph (b), is set forth in revised paragraph 
(a). Paragraph (b) is revised to set forth the exception currently 
found in paragraph (g)(1) as E.O. 13651 retains the exception for 
prohibition on the import of Burmese jadeite or rubies or articles of 
jewelry containing Burmese jadeite or rubies that were previously 
exported from the United States, including those that accompanied an 
individual outside the United States for personal use, provided that 
they are reimported to the United States by the same person who 
exported them, without having been advanced in value or improved in 
condition by any process or other means while outside the United States 
(E.O. 13651 (78 FR 48793)). Given that E.O. 13651 does not impose any 
conditions on jade or rubies mined or extracted from a country other 
than Burma or articles of jewelry containing jade or rubies mined or 
extracted from a country other than Burma, subparagraph (g)(2) is 
removed.
    CBP advises parties who plan to temporarily export any jadeite or 
rubies or any article of jewelry containing jadeite or rubies, whether 
of Burmese origin or not, to register those articles prior to export 
through CBP Form 4455 (Certificate of Registration), CBP Form 4457 
(Certificate of Registration for Personal Effects Taken Abroad), or a 
carnet issued by the U.S. Council for International Business. If one of 
these three documents is not presented to CBP at the time of re-
importation into the United States, the importer must present 
documentary evidence that supports the claim that the subject articles 
were exported and reimported by the same person without having been 
advanced in value or improved in condition by any process or other 
means while outside the United States. Without such documentation, the 
articles are subject to seizure by CBP.

Part 163

    The list of records and information required for the entry of 
merchandise appearing in the Appendix to Part 163 (commonly known as 
the (a)(1)(A) List) is amended to remove the records previously 
required to support the certification of non-Burmese covered articles 
under section 3A(c)(1) of the BFDA.

Inapplicability of Prior Public Notice and Delayed Effective Date

    This document amends the regulations to reflect Executive Order 
13651 of August 6, 2013. Because this regulation merely removes expired 
statutory requirements and inserts the new legal authority for the 
continuing import prohibition, CBP has determined, pursuant to the 
provisions of 5 U.S.C. 553(b)(B), that prior public notice and comment 
procedures on this regulation are impracticable and contrary to the 
public interest and that there is good cause for this rule to become 
effective immediately upon publication. For these reasons, pursuant to 
the provision of 5 U.S.C. 553(d)(3), CBP finds that there is good cause 
for dispensing with a delayed effective date.

Executive Orders 13563 and 12866

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory

[[Page 57458]]

alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule is not a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866. 
Accordingly, the Office of Management and Budget has not reviewed this 
regulation.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. As a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a valid OMB control number. The 
collections of information in this final rule were previously approved 
by the Office of Management and Budget (OMB) in accordance with the 
requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under 
control number 1651-0133. However this information collection and 
control number were discontinued in 2014 when the requirement for 
submission of the certification from the exporter was eliminated.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 0.1(a)(1) 
pertaining to the Secretary of the Treasury's authority (or that of his 
delegate) to approve regulations related to certain customs revenue 
functions.

List of Subjects

19 CFR Part 12

    Customs duties and inspection, Economic sanctions, Entry of 
merchandise, Foreign assets control, Jadeite, Jewelry, Imports, 
Licensing, Prohibited merchandise, Reporting and recordkeeping 
requirements, Restricted merchandise, Rubies sanctions.

19 CFR Part 163

    Administrative practice and procedure, Customs duties and 
inspection, Exports, Imports, Penalties, Reporting and recordkeeping 
requirements, Trade agreements.

Amendments to the CBP Regulations

    For the reasons set forth in the preamble, parts 12 and 163 of 
title 19 of the Code of Federal Regulations (19 CFR parts 12 and 163) 
are amended as set forth below.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 continues to read, and 
the specific authority citation for Sec.  12.151 is revised to read, as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
    Section 12.151 also issued under E.O. 13651 of August 6, 2013, 
78 FR 48793.
* * * * *

0
2. In Sec.  12.151:
0
a. The heading is revised;
0
b. Paragraph (a) introductory text is revised;
0
c. Paragraph (b) is revised; and
0
d. Paragraphs (c) through (g) are removed.
    The revisions read as follows:


Sec.  12.151  Prohibition on importations of jadeite or rubies mined or 
extracted from Burma, and articles of jewelry containing jadeite or 
rubies mined or extracted from Burma.

    (a) General. Except as provided in paragraph (b) of this section, 
the importation into the United States of jadeite or rubies mined or 
extracted from Burma, and articles of jewelry containing jadeite or 
rubies mined or extracted from Burma is prohibited pursuant to 
Executive Order (EO) 13651 of August 6, 2013. For purposes of this 
section, the following definitions apply:
* * * * *
    (b) Inapplicability. This section does not apply to Burmese 
jadeite, rubies, and articles of jewelry containing Burmese jadeite or 
rubies that are reimported into the United States after having been 
previously exported from the United States, including those that 
accompanied an individual outside the United States for personal use, 
if they are reimported into the United States by the same person who 
exported them, without having been advanced in value or improved in 
condition by any process or other means while outside the United 
States.

 PART 163--RECORDKEEPING

0
3. The general authority citation for part 163 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 
1624.
* * * * *

Appendix to Part 163 [Amended]

0
4. In the Appendix to part 163, within section IV, the listing for 
Sec.  12.151 is removed.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: August 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-20057 Filed 8-22-16; 8:45 am]
 BILLING CODE 9111-14-P



                                           57456             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations

                                                Country                             Entity                           License requirement           License review policy       Federal Register citation

                                                     *                       *                       *                      *                       *                      *                  *

                                                                Sekirin Tekstil Ithalat Ihracat le ve Dis       For all items subject to         Presumption of denial.        81 FR [INSERT FR PAGE
                                                                  Ticaret Limited Sirketi, a.k.a., the fol-       the EAR. (See § 744.11                                         NUMBER], 08/23/16.
                                                                  lowing seven aliases:                           of the EAR).
                                                                —Sekirin Textiles Export Import Limited
                                                                  Company;
                                                                —Al Shakirin International Transport
                                                                  Company;
                                                                —Shakirin Company;
                                                                —Shakrin Company;
                                                                —Sekirin Ticaret;
                                                                —Al Shakirin Company; and
                                                                —Sekirin Company.
                                                                Savcili Mahalesi Turkmenler Caddesi
                                                                  No:2, Sahinbey, Gaziantep, Turkey;
                                                                  and
                                                                Sanayi Mahalesi 60214 Nolu Caddesi
                                                                  No 11, Sehit Kamil, Gaziantep, Tur-
                                                                  key (See alternate addresses under
                                                                  Iraq and Syria).

                                                     *                       *                       *                      *                       *                      *                  *

                                                                Yunus Luqman Yasin Shgragi, a.k.a.,             For all items subject to         Presumption of denial.        81 FR [INSERT FR PAGE
                                                                  the following one alias:                        the EAR. (See § 744.11                                         NUMBER], 08/23/16.
                                                                —Yunus Sehreci.                                   of the EAR).
                                                                Savcili Mahalesi Turkmenler Caddesi
                                                                  No: 2, Sahinbey, Gaziantep, Turkey;
                                                                  and
                                                                Sanayi Mahalesi 60214 Nolu Caddesi
                                                                  No 11, SehitKamil, Gaziantep, Tur-
                                                                  key.

                                                     *                       *                       *                      *                       *                      *                  *



                                             Dated: August 17, 2016.                               SUMMARY:    This document amends the                  Background
                                           Kevin J. Wolf,                                          U.S. Customs and Border Protection                       On July 28, 2003, the President signed
                                           Assistant Secretary for Export                          (‘‘CBP’’) regulations to update the                   into law the Burmese Freedom and
                                           Administration.                                         provisions relating to the prohibition on             Democracy Act of 2003 (Pub. L. 108–61)
                                           [FR Doc. 2016–20142 Filed 8–22–16; 8:45 am]             importation of jadeite or rubies mined                (the ‘‘BFDA’’) to sanction the military
                                           BILLING CODE 3510–33–P                                  or extracted from Burma, and articles of              junta then ruling Burma. Among other
                                                                                                   jewelry containing jadeite or rubies                  provisions, the BFDA required the
                                                                                                   mined or extracted from Burma,                        imposition, subject to annual renewal,
                                                                                                   following the expiration of the Burmese               of a ban on the importation into the
                                           DEPARTMENT OF HOMELAND
                                           SECURITY                                                Freedom and Democracy Act of 2003, as                 United States of any article that is a
                                                                                                   amended by the Tom Lantos Block                       product of Burma. To implement the
                                           U.S. Customs and Border Protection                      Burmese JADE (Junta’s Anti-Democratic                 BFDA, the President issued Executive
                                                                                                   Efforts) Act of 2008. The CBP                         Order (‘‘E.O.’’) 13310 (68 FR 44853, July
                                           DEPARTMENT OF THE TREASURY                              regulations are amended to reflect the                30, 2003). E.O. 13310 prohibited, among
                                                                                                   import prohibitions set forth in                      other things, the importation into the
                                           19 CFR Parts 12 and 163                                 Executive Order 13651 of August 6,                    United States of any article that is a
                                                                                                   2013.                                                 product of Burma.
                                           [Docket No. USCBP–2016–0054; CBP Dec.                                                                            On July 29, 2008, the President signed
                                           16–12]                                                  DATES:   Effective August 23, 2016.                   into law the Tom Lantos Block Burmese
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                         JADE (Junta’s Anti-Democratic Efforts)
                                           RIN 1515–AE15                                                                                                 Act of 2008 (Pub. L. 110–286) (the
                                                                                                   Daniel Collier, Partner Government
                                                                                                                                                         ‘‘JADE Act’’), which, among other
                                           Prohibition on Importation of Jadeite                   Agency Branch, Trade Policy and
                                                                                                                                                         things, amended the BFDA to require a
                                           or Rubies Mined or Extracted From                       Programs, Office of International Trade,
                                                                                                                                                         prohibition on the importation into the
                                           Burma, and Articles of Jewelry                          (202) 863–6225, Daniel.Collier@
                                                                                                                                                         United States of jadeite or rubies mined
                                           Containing Jadeite or Rubies Mined or                   cbp.dhs.gov; or William Scopa, Branch                 or extracted from Burma and articles of
ehiers on DSK5VPTVN1PROD with RULES




                                           Extracted From Burma                                    Chief, Partner Government Agency                      jewelry containing such jadeite or
                                                                                                   Branch, Trade Policy and Programs,                    rubies, referred to in the statute as
                                           AGENCY:  U.S. Customs and Border                        Office of International Trade, (202) 863–
                                           Protection, Department of Homeland                                                                            Burmese covered articles. It also
                                                                                                   6554, William.R.Scopa@cbp.dhs.gov.                    imposed certain conditions on the
                                           Security; Department of the Treasury.
                                                                                                   SUPPLEMENTARY INFORMATION:                            importation into the United States of
                                           ACTION: Final rule.
                                                                                                                                                         jadeite or rubies mined or extracted


                                      VerDate Sep<11>2014   14:39 Aug 22, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\23AUR1.SGM   23AUR1


                                                             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations                                        57457

                                           from a country other than Burma and                     authority, E.O. 13651, of August 6, 2013              States (E.O. 13651 (78 FR 48793)). Given
                                           articles of jewelry containing such                     (78 FR 48793). While E.O. 13651 re-                   that E.O. 13651 does not impose any
                                           jadeite or rubies, referred to in the                   imposes the prohibition on the                        conditions on jade or rubies mined or
                                           statute as non-Burmese covered articles.                importation of jadeite and rubies mined               extracted from a country other than
                                           Section 12.151 of the CBP regulations                   or extracted from Burma and articles of               Burma or articles of jewelry containing
                                           (Title 19, Code of Federal Regulations                  jewelry containing such jadeite and                   jade or rubies mined or extracted from
                                           (‘‘CFR’’), section 12.151) currently                    rubies, it does not impose any                        a country other than Burma,
                                           reflects this prohibition on the                        conditions on the importation of jadeite              subparagraph (g)(2) is removed.
                                           importation of jadeite or rubies mined                  and rubies mined or extracted from a                     CBP advises parties who plan to
                                           or extracted from Burma and articles of                 country other than Burma or articles of               temporarily export any jadeite or rubies
                                           jewelry containing such jadeite or rubies               jewelry containing jadeite or rubies                  or any article of jewelry containing
                                           as well as the imposition of certain                    mined or extracted from a country other               jadeite or rubies, whether of Burmese
                                           conditions on the importation of jadeite                than Burma as the BFDA, as amended                    origin or not, to register those articles
                                           or rubies mined or extracted from a                     by the JADE Act, did. Accordingly,                    prior to export through CBP Form 4455
                                           country other than Burma and articles of                section 12.151 is amended by removing                 (Certificate of Registration), CBP Form
                                           jewelry containing such jadeite or                      paragraphs (c) through (f) which detail               4457 (Certificate of Registration for
                                           rubies.                                                 the certification and recordkeeping                   Personal Effects Taken Abroad), or a
                                              The BFDA, as amended by the JADE                     requirements for non-Burmese covered                  carnet issued by the U.S. Council for
                                           Act, required annual renewal, which                     articles (referred to in section12.151 as             International Business. If one of these
                                           did not occur in 2013. As a result, the                 ‘‘regulated articles’’).                              three documents is not presented to CBP
                                           prohibition on the importation of jadeite                  In addition, the heading to section                at the time of re-importation into the
                                           or rubies mined or extracted from                       12.151 is revised to reflect the                      United States, the importer must present
                                           Burma and articles of jewelry containing                expiration of conditions on non-                      documentary evidence that supports the
                                           jadeite or rubies mined or extracted                    Burmese covered articles by removing                  claim that the subject articles were
                                           from Burma and the corresponding                        the words ‘‘and conditions’’. The                     exported and reimported by the same
                                           conditions on the importation of jadeite                heading is further revised to more                    person without having been advanced
                                           or rubies mined or extracted from a                     specifically refer to jadeite or rubies               in value or improved in condition by
                                           country other than Burma and articles of                mined or extracted from Burma and                     any process or other means while
                                           jewelry containing jadeite or rubies                    articles of jewelry containing jadeite or             outside the United States. Without such
                                           mined or extracted from a country other                 rubies mined or extracted from Burma.                 documentation, the articles are subject
                                           than Burma expired on July 28, 2013.                       The introductory text in paragraph (a)             to seizure by CBP.
                                           Subsequently, on August 6, 2013, the                    of section 12.151 is amended to remove
                                                                                                   the reference to the Tom Lantos Block                 Part 163
                                           President signed E.O. 13651, titled
                                           ‘‘Prohibiting Certain Imports of Burmese                Burmese JADE Act of 2008 (Pub. L. 110–                   The list of records and information
                                           Jadeite and Rubies’’ which prohibits the                286) and to cite instead to the current               required for the entry of merchandise
                                           importation of any jadeite or rubies                    authority, E.O. 13651 of August 6, 2013               appearing in the Appendix to Part 163
                                           mined or extracted from Burma as well                   (78 FR 48793). Paragraph (a) is also                  (commonly known as the (a)(1)(A) List)
                                           as any articles of jewelry containing                   amended to reflect the expiration of                  is amended to remove the records
                                           jadeite or rubies mined or extracted                    conditions on non-Burmese covered                     previously required to support the
                                                                                                   articles by removing the words ‘‘or                   certification of non-Burmese covered
                                           from Burma. See 78 FR 48793. E.O.
                                                                                                   conditioned’’. Given that E.O. 13651                  articles under section 3A(c)(1) of the
                                           13651 also revoked the sections of E.O.
                                                                                                   does not impose any conditions on jade                BFDA.
                                           13310 imposing a prohibition on the
                                                                                                   or rubies mined or extracted from a
                                           importation into the United States of                                                                         Inapplicability of Prior Public Notice
                                                                                                   country other than Burma or articles of
                                           any article that is a product of Burma.                                                                       and Delayed Effective Date
                                                                                                   jewelry containing jade or rubies mined
                                           As a result, there is no longer a general
                                                                                                   or extracted from a country other than                  This document amends the
                                           ban on importing into the United States
                                                                                                   Burma, it is no longer necessary to                   regulations to reflect Executive Order
                                           any article that is a product of Burma;
                                                                                                   distinguish between ‘‘prohibited                      13651 of August 6, 2013. Because this
                                           however, the specific ban on jadeite and
                                                                                                   articles’’ and ‘‘regulated articles’’. As a           regulation merely removes expired
                                           rubies mined or extracted from Burma                    result of the amendments described in                 statutory requirements and inserts the
                                           as well as articles of jewelry containing               this document, the list of prohibited                 new legal authority for the continuing
                                           jadeite or rubies mined or extracted                    articles, which is currently set forth in             import prohibition, CBP has
                                           from Burma was reinstituted by E.O.                     paragraph (b), is set forth in revised                determined, pursuant to the provisions
                                           13651.                                                  paragraph (a). Paragraph (b) is revised to            of 5 U.S.C. 553(b)(B), that prior public
                                           Explanation of Amendments                               set forth the exception currently found               notice and comment procedures on this
                                                                                                   in paragraph (g)(1) as E.O. 13651 retains             regulation are impracticable and
                                           Part 12                                                 the exception for prohibition on the                  contrary to the public interest and that
                                              Section 12.151 is amended to reflect                 import of Burmese jadeite or rubies or                there is good cause for this rule to
                                           the expiration of the BFDA, as amended                  articles of jewelry containing Burmese                become effective immediately upon
                                           by the JADE Act, and the issuance of                    jadeite or rubies that were previously                publication. For these reasons, pursuant
                                           E.O. 13651. The specific authority                      exported from the United States,                      to the provision of 5 U.S.C. 553(d)(3),
                                           citation for section 12.151 is amended                  including those that accompanied an                   CBP finds that there is good cause for
                                           accordingly by removing references to                   individual outside the United States for              dispensing with a delayed effective
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                                           the BFDA, as amended by the JADE Act,                   personal use, provided that they are                  date.
                                           Presidential Proclamation 8294, signed                  reimported to the United States by the
                                           on September 26, 2008, and Additional                   same person who exported them,                        Executive Orders 13563 and 12866
                                           U.S. Note 4 to Chapter 71 of the U.S.                   without having been advanced in value                   Executive Orders 13563 and 12866
                                           Harmonized Tariff Schedule (HTSUS),                     or improved in condition by any process               direct agencies to assess the costs and
                                           and adding a reference to the current                   or other means while outside the United               benefits of available regulatory


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                                           57458             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations

                                           alternatives and, if regulation is                      Prohibited merchandise, Reporting and                 without having been advanced in value
                                           necessary, to select regulatory                         recordkeeping requirements, Restricted                or improved in condition by any process
                                           approaches that maximize net benefits                   merchandise, Rubies sanctions.                        or other means while outside the United
                                           (including potential economic,                                                                                States.
                                                                                                   19 CFR Part 163
                                           environmental, public health and safety
                                           effects, distributive impacts, and                        Administrative practice and                         PART 163—RECORDKEEPING
                                           equity). Executive Order 13563                          procedure, Customs duties and
                                           emphasizes the importance of                            inspection, Exports, Imports, Penalties,              ■ 3. The general authority citation for
                                           quantifying both costs and benefits, of                 Reporting and recordkeeping                           part 163 continues to read as follows:
                                           reducing costs, of harmonizing rules,                   requirements, Trade agreements.                         Authority: 5 U.S.C. 301; 19 U.S.C. 66,
                                           and of promoting flexibility. This rule is                                                                    1484, 1508, 1509, 1510, 1624.
                                                                                                   Amendments to the CBP Regulations
                                           not a ‘‘significant regulatory action,’’                                                                      *        *   *     *      *
                                           under section 3(f) of Executive Order                     For the reasons set forth in the
                                           12866. Accordingly, the Office of                       preamble, parts 12 and 163 of title 19 of             Appendix to Part 163 [Amended]
                                           Management and Budget has not                           the Code of Federal Regulations (19 CFR               ■ 4. In the Appendix to part 163, within
                                           reviewed this regulation.                               parts 12 and 163) are amended as set                  section IV, the listing for § 12.151 is
                                                                                                   forth below.                                          removed.
                                           Regulatory Flexibility Act
                                             The Regulatory Flexibility Act (5                     PART 12—SPECIAL CLASSES OF                            R. Gil Kerlikowske,
                                           U.S.C. 601 et seq.), as amended by the                  MERCHANDISE                                           Commissioner, U.S. Customs and Border
                                           Small Business Regulatory Enforcement                                                                         Protection.
                                           and Fairness Act of 1996, requires an                   ■ 1. The general authority citation for                 Approved: August 17, 2016.
                                           agency to prepare and make available to                 part 12 continues to read, and the
                                                                                                                                                         Timothy E. Skud,
                                           the public a regulatory flexibility                     specific authority citation for § 12.151 is
                                                                                                                                                         Deputy Assistant Secretary of the Treasury.
                                           analysis that describes the effect of a                 revised to read, as follows:
                                                                                                                                                         [FR Doc. 2016–20057 Filed 8–22–16; 8:45 am]
                                           proposed rule on small entities (i.e.,                    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
                                                                                                                                                         BILLING CODE 9111–14–P
                                           small businesses, small organizations,                  (General Note 3(i), Harmonized Tariff
                                           and small governmental jurisdictions)                   Schedule of the United States (HTSUS)),
                                           when the agency is required to publish                  1624.
                                           a general notice of proposed rulemaking                 *      *      *      *       *                        DEPARTMENT OF THE TREASURY
                                           for a rule. As a general notice of                        Section 12.151 also issued under E.O.
                                           proposed rulemaking is not necessary                    13651 of August 6, 2013, 78 FR 48793.                 Internal Revenue Service
                                           for this rule, CBP is not required to                   *     *     *     *     *
                                           prepare a regulatory flexibility analysis                                                                     26 CFR Part 1
                                                                                                   ■ 2. In § 12.151:
                                           for this rule.                                          ■ a. The heading is revised;                          [TD 9777]
                                           Paperwork Reduction Act                                 ■ b. Paragraph (a) introductory text is
                                                                                                                                                         RIN 1545–BG41; RIN 1545–BH38
                                                                                                   revised;
                                              Under the Paperwork Reduction Act,                   ■ c. Paragraph (b) is revised; and
                                           an agency may not conduct or sponsor,                                                                         Arbitrage Guidance for Tax-Exempt
                                                                                                   ■ d. Paragraphs (c) through (g) are                   Bonds; Correction
                                           and a person is not required to respond                 removed.
                                           to, a collection of information unless it                 The revisions read as follows:                      AGENCY:  Internal Revenue Service (IRS),
                                           displays a valid OMB control number.                                                                          Treasury.
                                           The collections of information in this                  § 12.151 Prohibition on importations of
                                                                                                   jadeite or rubies mined or extracted from             ACTION: Correcting amendment.
                                           final rule were previously approved by
                                           the Office of Management and Budget                     Burma, and articles of jewelry containing
                                                                                                   jadeite or rubies mined or extracted from
                                                                                                                                                         SUMMARY:   This document contains
                                           (OMB) in accordance with the                                                                                  corrections to final regulations (TD
                                           requirements of the Paperwork                           Burma.
                                                                                                                                                         9777) that were published in the
                                           Reduction Act (44 U.S.C. 3507) under                      (a) General. Except as provided in
                                                                                                                                                         Federal Register on Monday, July 18,
                                           control number 1651–0133. However                       paragraph (b) of this section, the
                                                                                                                                                         2016 (81 FR 46582). The final
                                           this information collection and control                 importation into the United States of
                                                                                                                                                         regulations relate to the arbitrage
                                           number were discontinued in 2014                        jadeite or rubies mined or extracted
                                                                                                                                                         restrictions under section 148 of the
                                           when the requirement for submission of                  from Burma, and articles of jewelry
                                                                                                                                                         Internal Revenue Code applicable to tax-
                                           the certification from the exporter was                 containing jadeite or rubies mined or
                                                                                                                                                         exempt bonds and other tax-advantaged
                                           eliminated.                                             extracted from Burma is prohibited
                                                                                                                                                         bonds issued by State and local
                                                                                                   pursuant to Executive Order (EO) 13651
                                           Signing Authority                                                                                             governments.
                                                                                                   of August 6, 2013. For purposes of this
                                             This regulation is being issued in                    section, the following definitions apply:             DATES:  This correction is effective
                                           accordance with 19 CFR 0.1(a)(1)                        *     *     *     *     *                             August 23, 2016 and applicable July 18,
                                           pertaining to the Secretary of the                        (b) Inapplicability. This section does              2016.
                                           Treasury’s authority (or that of his                    not apply to Burmese jadeite, rubies,                 FOR FURTHER INFORMATION CONTACT:
                                           delegate) to approve regulations related                and articles of jewelry containing                    Spence Hanemann at (202) 317–6980
                                           to certain customs revenue functions.                   Burmese jadeite or rubies that are                    (not a toll-free number).
                                           List of Subjects                                        reimported into the United States after               SUPPLEMENTARY INFORMATION:
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                                                                                                   having been previously exported from
                                           19 CFR Part 12                                          the United States, including those that               Background
                                             Customs duties and inspection,                        accompanied an individual outside the                   The final regulations (TD 9777) that
                                           Economic sanctions, Entry of                            United States for personal use, if they               are the subject of this correction are
                                           merchandise, Foreign assets control,                    are reimported into the United States by              under section 148 of the Internal
                                           Jadeite, Jewelry, Imports, Licensing,                   the same person who exported them,                    Revenue Code.


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Document Created: 2018-02-09 11:40:08
Document Modified: 2018-02-09 11:40:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 23, 2016.
ContactDaniel Collier, Partner Government Agency Branch, Trade Policy and Programs, Office of International Trade, (202) 863-6225, [email protected]; or William Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of International Trade, (202) 863-6554, [email protected]
FR Citation81 FR 57456 
RIN Number1515-AE15
CFR Citation19 CFR 12
19 CFR 163
CFR AssociatedCustoms Duties and Inspection; Economic Sanctions; Entry of Merchandise; Foreign Assets Control; Jadeite; Jewelry; Imports; Licensing; Prohibited Merchandise; Reporting and Recordkeeping Requirements; Restricted Merchandise; Rubies Sanctions; Administrative Practice and Procedure; Exports; Penalties and Trade Agreements

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