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)

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, 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]


=======================================================================
-----------------------------------------------------------------------

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