81 FR 58831 - Administrative Exemption on Value Increased for Certain Articles
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF THE TREASURY
U.S. Customs and Border Protection Federal Register Volume 81, Issue 166 (August 26, 2016)
DEPARTMENT OF THE TREASURY
U.S. Customs and Border Protection
Federal Register Volume 81, Issue 166 (August 26, 2016)
| Page Range | 58831-58834 | |
| FR Document | 2016-20581 |
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)] [Rules and Regulations] [Pages 58831-58834] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20581] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 128, 143, and 145 [CBP Dec. No. 16-13; USCBP-2016-0057] RIN 1515-AE09 Administrative Exemption on Value Increased for Certain Articles AGENCY: U.S. Customs and Border Protection; Department of the Treasury. ACTION: Interim final rule; solicitation of comments. ----------------------------------------------------------------------- SUMMARY: This document amends the U.S. Customs and Border Protection regulations to implement section 901 of the Trade Facilitation and Trade Enforcement Act of 2015 by raising from $200 to $800 the value of certain articles that may be imported by one person on one day free of duty and tax. This document also makes clarifying and conforming amendments to the regulations. DATES: Effective date: This interim final rule is effective on August 26, 2016. Comment date: Written comments must be submitted on or before September 26, 2016. ADDRESSES: You may submit comments, identified by docket number USCBP- 2016-0057, by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177. Instructions: All submissions received must include the agency name and docket title for this rulemaking, and must reference docket number USCBP-2016-0057. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ``Public Participation'' heading of the SUPPLEMENTARY INFORMATION section of the document. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may also be inspected during [[Page 58832]] business days between the hours of 9:00 a.m. and 4:30 p.m. at the Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 325- 0118. FOR FURTHER INFORMATION CONTACT: Randy Mitchell, Director, Commercial Operation, Revenue and Entry, Trade Policy and Programs, Office of Trade, U.S. Customs and Border Protection, (202) 863-6532. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. U.S. Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP in finalizing these regulations will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. CBP is also interested in receiving comments regarding the collection of data on behalf of Partner Government Agencies (PGAs) for shipments valued below $800. See ADDRESSES above for information on how to submit comments. I. Background A. Trade Facilitation and Trade Enforcement Act of 2015 On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114- 125). Prior to enactment of the TFTEA, section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) authorized CBP to provide an administrative exemption to admit free from duty and tax shipments of merchandise (other than bona fide gifts and certain personal and household goods) imported by one person on one day having an aggregate fair retail value in the country of shipment not less than $200. Section 901(c) of the TFTEA amended section 1321(a)(2)(C) by increasing the value of this administrative exemption from $200 to $800. Pursuant to section 901(d) of TFTEA, the effective date of this amendment was the 15th day after the date of enactment, i.e., effective as of March 10, 2016. Section 901 did not change the administrative exemption for bona fide gifts and personal or household articles accompanying travelers under 19 U.S.C. 1321(a)(2)(A) and 1321(a)(2)(B). B. Amendments to Regulations To Reflect New Statutory Amount CBP implements the administrative exemption provided for in 19 U.S.C. 1321 in its regulations at 19 CFR 10.151 and 10.153. The administrative exemption amount is also referenced in various other sections in the CBP regulations: Sec. Sec. 128.21(a)(4)(ii); 128.24(d) and (e); 143.21(l)(1); 143.23(j); 143.26; and 145.31. In all of the previously listed sections that currently provide that the 19 U.S.C. 1321(a)(2)(C) administrative exemption amount is $200, CBP is amending the regulations to reflect that the new amount is $800. C. Other Amendments to Administrative Exemption Regulations Under 19 U.S.C. 1321(b), the Secretary of the U.S. Department of the Treasury is authorized to promulgate regulations to prescribe exceptions to any exemption provided for in section 1321(a) whenever the Secretary finds that such action is necessary for any reason to protect the revenue or to prevent unlawful importations. This rule also amends the scope of alcohol and tobacco products covered by the limitation in paragraph (e) of section 10.153, to conform to other past statutory changes. Perfume is removed from the list of products excluded from the administrative exemption because the excise tax on such products was eliminated in 1995 pursuant to section 136 of the Uruguay Round Agreements Act, Public Law 103-465. Paragraph (e) of section 10.153 is also amended pursuant to amendments to the Internal Revenue Code, Section 5701, which increased excise taxes for smokeless tobacco, pipe tobacco, roll-your-own tobacco, and cigarette tubes and papers. 26 U.S.C. 5701, as amended by the Children's Health Insurance Program Reauthorization Act of 2009 (Pub. L. 111-3). This rule also adds a new paragraph (h) in section 10.153 to clarify that regarding shipments that qualify for the 19 U.S.C. 1321 administrative exemption, the importing party is not exempt from having to pay any applicable excise taxes collected by other agencies on imported goods. It is also noted that pursuant to 19 CFR 24.24(d)(3), the harbor maintenance tax will not be assessed on loadings or unloadings of cargo in which the shipment would be entitled to be entered under informal entry procedures. This document also revises paragraph (j) of Sec. 143.23 to clarify that different dollar amounts apply to articles that are bona fide gifts and articles that are shipped from the Virgin Islands, Guam, and American Samoa. This document also revises paragraph (j) of Sec. 143.23 to reflect that the increase in the value of shipments from $200 to $800 only applies to shipments that qualify for the administrative exemption under sections 10.151 and 128.24(e). D. Comments Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. In particular, CBP is seeking comments on how CBP can maintain the collection of data required by Partner Government Agencies (PGAs) for imported merchandise to prevent unlawful importations when shipments of merchandise valued below $800 that qualify for an administrative exemption are admitted through ``release from manifest.'' (Generally, such shipments are entered by the carrier and released by CBP based on information contained on the manifest or bill of lading provided by the carrier.) CBP is aware that the manifest information may not contain all the necessary information required by PGAs for admissibility purposes. II. Statutory and Regulatory Requirements A. Inapplicability of Notice and Delayed Effective Date The Administrative Procedure Act (APA) requirements in 5 U.S.C. 553 govern agency rulemaking procedures. Section 553(b) of the APA generally requires notice and public comment before issuance of a final rule. In addition, section 553(d) of the APA requires that a final rule have a 30-day delayed effective date. The APA, however, provides exceptions from the prior notice and public comment requirement and the delayed effective date requirements, when an agency for good cause finds that such procedures are impracticable, unnecessary, or contrary to the public interest. Treasury and CBP find that prior notice and comment procedures are unnecessary and that good cause exists to issue these regulations effective upon publication. By immediately effectuating this interim rule, CBP can avoid inconsistent application of the exemption and eliminate confusion that may arise among importers with regard [[Page 58833]] to the scope of the exemption and with regard to payment of excise taxes. Pursuant to section 901(d) of the TFTEA, Congress established March 10, 2016, as the effective date of the increase in the administrative exemption under 19 U.S.C. 1321(a)(2)(C). The clear intent of Congress is that this amendment be rapidly implemented; therefore the regulations must be changed to conform to TFTEA's statutory amendment. In addition, pursuant to the authority of the Secretary of the Treasury under 26 U.S.C. 7805(b)(3), regulations implementing the internal revenue laws can be made immediately effective to prevent abuse. Under that authority, these regulations reflect intervening statutory changes to section 5701 of the Internal Revenue Code, which increased excise taxes for smokeless tobacco, pipe tobacco, roll-your- own tobacco, and cigarette tubes and papers. Accordingly, pursuant to 5 U.S.C. 553(b) and (d) and the Secretary of the Treasury's authority under 19 U.S.C. 1321(b) and 26 U.S.C. 7805, the requirements for prior notice and comment and a delay in effective date are inapplicable; however, CBP is soliciting comments on this interim rule and will consider all comments received before issuing a final rule. B. Executive Orders 12866 and 13563 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory 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. C. The Regulatory Flexibility Act This section examines the impact of the rule on small entities as required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). The Regulatory Flexibility Act applies when agencies are required to publish a general notice of proposed rulemaking for a proposed rule. Since a general notice of proposed rulemaking is not necessary in this rulemaking, a regulatory flexibility analysis is not required by the Regulatory Flexibility Act. D. Paperwork Reduction Act As there is no new collection of information required in this document, the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) are inapplicable. Signing Authority This document is being issued in accordance with Sec. 0.1(a)(1) of the CBP Regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain customs revenue functions. List of Subjects 19 CFR Part 10 Customs duties and inspection, Entry of merchandise, Exports, Imports, Reporting and recordkeeping requirements. 19 CFR Part 12 Customs duties and inspection, Entry of merchandise, Imports, Reporting and recordkeeping requirements. 19 CFR Part 128 Administrative practice and procedure, Customs duties and inspection, Entry, Express consignments, Imports, Reporting and recordkeeping requirements. 19 CFR Part 143 Customs duties and inspection, Entry of merchandise, Reporting and recordkeeping requirements. 19 CFR Part 145 Customs duties and inspection, Reporting and recordkeeping requirements. Amendments to the CBP Regulations For the reasons stated above in the preamble, CBP amends parts 10, 12, 128, 143, and 145 of title 19 of the Code of Federal Regulations (19 CFR parts 10, 12, 128, 143, and 145) as follows: PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 0 1. The general authority citation for part 10 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314. * * * * * Sec. 10.151 [Amended] 0 2. Amend Sec. 10.151 by removing the figure ``$200'' and adding in its place ``$800'' in the section heading and the first sentence. 0 3. Amend Sec. 10.153 by revising paragraph (e) and by adding paragraph (h) to read as follows: Sec. 10.153 Conditions for exemption. * * * * * (e) No alcoholic beverage, cigars (including cheroots and cigarillos) and cigarettes containing tobacco, cigarette tubes, cigarette papers, smoking tobacco (including water pipe tobacco, pipe tobacco, and roll-your-own tobacco), snuff, or chewing tobacco, shall be exempted from the payment of duty and tax under Sec. 10.151 or Sec. 10.152. * * * * * (h) The exemption provided for in Sec. 10.151 is not to be allowed with respect to any tax imposed under the Internal Revenue Code collected by other agencies on imported goods. PART 128--EXPRESS CONSIGNMENTS 0 4. The general authority citation for part 128 continues to read as follows: Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1484, 1498, 1551, 1555, 1556, 1565, 1624. * * * * * Sec. 128.21 [Amended] 0 6. Amend Sec. 128.21 in paragraph (a)(4)(ii) by removing the figure ``$200'' and adding in its place ``$800''. Sec. 128.24 [Amended] 0 7. Amend Sec. 128.24 in paragraphs (d) and (e) by removing the figure ``$200'' and adding in its place ``$800'' in paragraph (d) and in three places in paragraph (e) introductory text. PART 143--SPECIAL ENTRY PROCEDURES 0 8. The general authority citation for part 143 continues to read as follows: Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624, 1641. * * * * * Sec. 143.21 [Amended] 0 9. Amend Sec. 143.21 in paragraph (l)(1) by removing the figure ``$200'' and adding in its place ``$800''. [[Page 58834]] 0 10. Amend Sec. 143.23 by revising paragraph (j) and adding paragraph (k) to read as follows: Sec. 143.23 Form of entry. * * * * * (j) Except for mail importations (see Sec. Sec. 145.31 and 145.32 of this chapter), or in the case of personal written or oral declarations (see Sec. Sec. 148.12, 148.13, and 148.62 of this chapter), a shipment of merchandise that qualifies for informal entry under 19 U.S.C. 1498 may be entered, including the information listed in paragraph (k) of this section, by presenting the bill of lading or a manifest listing each bill of lading when: (1) The value of the shipment does not exceed $100 in the case of a bona fide gift from a person in a foreign country to a person in the United States and the shipment meets the requirements in Sec. 10.152 of this chapter (see Sec. 10.152 of this chapter); (2) The value of the shipment does not exceed $200 in the case of articles (including bona fide gifts) from the Virgin Islands, Guam, and American Samoa and the shipment meets the requirements in Sec. 10.152 of this chapter (see Sec. 10.152 of this chapter); or (3) The value of the shipment does not exceed $800 and the shipment satisfies the requirements in Sec. 10.151 of this chapter (see Sec. Sec. 10.151 and 128.24(e) of this chapter). (k) The following information is required to be filed as a part of entry made under paragraph (j) of this section: (1) Country of origin of the merchandise; (2) Shipper name, address and country; (3) Ultimate consignee name and address; (4) Specific description of the merchandise; (5) Quantity; (6) Shipping weight; and (7) Value. 0 11. Amend Sec. 143.26 by removing the figure ``$200'' and adding in its place ``$800'' in two places each in paragraphs (a) and (b). PART 145--MAIL IMPORTATIONS 0 12. The general authority citation for part 145 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1624. * * * * * Sec. 145.31 [Amended] 0 13. Amend Sec. 145.31 by removing the figure ``$200'' and adding in its place ``$800'' in the section heading and text. R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: August 23, 2016. Timothy E. Skud, Assistant Secretary of the Treasury. [FR Doc. 2016-20581 Filed 8-25-16; 8:45 am] BILLING CODE 9111-14-P
![Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 58831
13,200 flight cycles since installed: Inspect actions if they are FAA-approved. Corrective DEPARTMENT OF HOMELAND
the guide pins of the power and condition actions are considered FAA-approved if they SECURITY
levers for excessive wear within the next are approved by the State of Design Authority
1,200 hours TIS or 1,200 flight cycles after (or their delegated agent). You are required U.S. Customs and Border Protection
July 24, 2009 (the effective date retained from to assure the product is airworthy before it
AD 2009–13–04) following the
is returned to service. DEPARTMENT OF THE TREASURY
Accomplishment Instructions in paragraph 2
of RUAG Aerospace Services GmbH Dornier (h) Related Information
228 Alert Service Bulletin No. ASB–228–279, 19 CFR Parts 10, 128, 143, and 145
revision 1, dated September 22, 2015; and Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2009–0031R1, dated [CBP Dec. No. 16–13; USCBP–2016–0057]
(i) Repetitively inspect the guide pins of
the power and condition levers for excessive March 29, 2016, and EASA AD No.: 2009– RIN 1515–AE09
wear thereafter within 4,800 hours TIS or 0031R2, dated June 28, 2016, for related
4,800 flight cycles since any previous information. The MCAI can be found in the Administrative Exemption on Value
inspection in which the power and condition AD docket on the Internet at http:// Increased for Certain Articles
levers guide pins were not replaced; or www.regulations.gov by searching for and
(ii) Repetitively inspect the guide pins of locating Docket No. FAA–2016–6983. AGENCY: U.S. Customs and Border
the power and condition levers for excessive Protection; Department of the Treasury.
wear within 9,600 hours TIS or 9,600 flight (i) Material Incorporated by Reference ACTION: Interim final rule; solicitation of
cycles since the previous inspection in which (1) The Director of the Federal Register comments.
the power and condition levers guide pins approved the incorporation by reference
were replaced. SUMMARY: This document amends the
(IBR) of the service information listed in this
(3) For throttle box assemblies with 13,200 U.S. Customs and Border Protection
hours TIS or more or 13,200 flight cycles or paragraph under 5 U.S.C. 552(a) and 1 CFR
more since installed: Within 100 hours TIS part 51. regulations to implement section 901 of
or 100 flight cycles after July 24, 2009 (the (2) You must use this service information the Trade Facilitation and Trade
effective date retained from AD 2009–13–04) as applicable to do the actions required by Enforcement Act of 2015 by raising from
inspect the guide pins of the power and this AD, unless the AD specifies otherwise. $200 to $800 the value of certain articles
condition levers for excessive wear following (i) RUAG Aerospace Services GmbH that may be imported by one person on
the Accomplishment Instructions in Dornier 228 Alert Service Bulletin No. ASB– one day free of duty and tax. This
paragraph 2 of RUAG Aerospace Services 228–279, revision 1, dated September 22, document also makes clarifying and
GmbH Dornier 228 Alert Service Bulletin No. 2015. conforming amendments to the
ASB–228–279, revision 1, dated September (ii) Reserved. regulations.
22, 2015, at the following times:
(3) For RUAG Aerospace Services GmbH DATES:
(i) Initially within the next 100 hours TIS
or 100 flight cycles after July 24, 2009 (the service information identified in this AD, Effective date: This interim final rule
effective date retained from AD 2009–13–04); contact RUAG Aerospace Services GmbH, is effective on August 26, 2016.
and Dornier 228 Customer Support, P.O. Box Comment date: Written comments
(ii) Repetitively thereafter within 4,800 1253, 82231 Wessling, Federal Republic of must be submitted on or before
hours TIS or 4,800 flight cycles since any Germany, telephone: +49 (0) 8153–30–2280; September 26, 2016.
previous inspection in which the power and fax: +49 (0) 8153–30–3030; email:
condition levers guide pins were not ADDRESSES: You may submit comments,
custsupport.dornier228@ruag.com; Internet:
replaced or within 9,600 hours TIS or 9,600 http://www.ruag.com/. identified by docket number USCBP–
flight cycles since the previous inspection in (4) You may view this service information 2016–0057, by one of the following
which the power and condition levers guide at FAA, Small Airplane Directorate, 901 methods:
pins were replaced.
Locust, Kansas City, Missouri 64106. For • Federal eRulemaking Portal: http://
(4) For all throttle box assemblies: Before www.regulations.gov. Follow the
information on the availability of this
further flight after any inspection required in instructions for submitting comments.
material at the FAA, call (816) 329–4148. In
paragraph (f)(1), (2), or (3) of this AD, replace
addition, you can access this service • Mail: Trade and Commercial
any guide pin that exceeds the acceptable Regulations Branch, Regulations and
wear-limits as defined in paragraph 4.1 of information on the Internet at http://
RUAG Aerospace Services GmbH Dornier www.regulations.gov by searching for and Rulings, Office of Trade, U.S. Customs
228 Alert Service Bulletin No. ASB–228–279, locating Docket No. FAA–2016–6983. and Border Protection, 90 K Street NE.,
revision 1, dated September 22, 2015. (5) You may view this service information 10th Floor, Washington, DC 20229–
that is incorporated by reference at the 1177.
(g) Other FAA AD Provisions Instructions: All submissions received
National Archives and Records
The following provisions also apply to this must include the agency name and
Administration (NARA). For information on
AD: docket title for this rulemaking, and
the availability of this material at NARA, call
(1) Alternative Methods of Compliance must reference docket number USCBP–
(AMOCs): The Manager, Standards Office, 202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr- 2016–0057. All comments received will
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures locations.html. be posted without change to http://
found in 14 CFR 39.19. Send information to www.regulations.gov, including any
Issued in Kansas City, Missouri, on August
ATTN: Karl Schletzbaum, Aerospace personal information provided. For
17, 2016.
Engineer, FAA, Small Airplane Directorate, detailed instructions on submitting
901 Locust, Room 301, Kansas City, Missouri Pat Mullen, comments and additional information
64106; telephone: (816) 329–4123; fax: (816) Acting Manager, Small Airplane Directorate, on the rulemaking process, see the
329–4090; email: karl.schletzbaum@faa.gov. Aircraft Certification Service. ‘‘Public Participation’’ heading of the
Before using any approved AMOC on any [FR Doc. 2016–20072 Filed 8–25–16; 8:45 am] SUPPLEMENTARY INFORMATION section of
ehiers on DSK5VPTVN1PROD with RULES
airplane to which the AMOC applies, notify
BILLING CODE 4910–13–P the document.
your appropriate principal inspector (PI) in
the FAA Flight Standards District Office Docket: For access to the docket to
(FSDO), or lacking a PI, your local FSDO. read background documents or
(2) Airworthy Product: For any requirement comments received, go to http://
in this AD to obtain corrective actions from www.regulations.gov. Submitted
a manufacturer or other source, use these comments may also be inspected during
VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1](https://thefederalregister.org/doc/81_FR_58997/page/1.svg)
![Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 58833
to the scope of the exemption and with Regulatory Flexibility Act applies when United States (HTSUS)), 1321, 1481, 1484,
regard to payment of excise taxes. agencies are required to publish a 1498, 1508, 1623, 1624, 3314.
Pursuant to section 901(d) of the general notice of proposed rulemaking * * * * *
TFTEA, Congress established March 10, for a proposed rule. Since a general
2016, as the effective date of the notice of proposed rulemaking is not § 10.151 [Amended]
increase in the administrative necessary in this rulemaking, a ■ 2. Amend § 10.151 by removing the
exemption under 19 U.S.C. regulatory flexibility analysis is not figure ‘‘$200’’ and adding in its place
1321(a)(2)(C). The clear intent of required by the Regulatory Flexibility ‘‘$800’’ in the section heading and the
Congress is that this amendment be Act. first sentence.
rapidly implemented; therefore the
regulations must be changed to conform D. Paperwork Reduction Act ■ 3. Amend § 10.153 by revising
to TFTEA’s statutory amendment. As there is no new collection of paragraph (e) and by adding paragraph
In addition, pursuant to the authority information required in this document, (h) to read as follows:
of the Secretary of the Treasury under the provisions of the Paperwork § 10.153 Conditions for exemption.
26 U.S.C. 7805(b)(3), regulations Reduction Act of 1995 (44 U.S.C. 3507)
implementing the internal revenue laws are inapplicable. * * * * *
can be made immediately effective to (e) No alcoholic beverage, cigars
Signing Authority (including cheroots and cigarillos) and
prevent abuse. Under that authority,
these regulations reflect intervening This document is being issued in cigarettes containing tobacco, cigarette
statutory changes to section 5701 of the accordance with § 0.1(a)(1) of the CBP tubes, cigarette papers, smoking tobacco
Internal Revenue Code, which increased Regulations (19 CFR 0.1(a)(1)) (including water pipe tobacco, pipe
excise taxes for smokeless tobacco, pipe pertaining to the authority of the tobacco, and roll-your-own tobacco),
tobacco, roll-your-own tobacco, and Secretary of the Treasury (or his/her snuff, or chewing tobacco, shall be
cigarette tubes and papers. delegate) to approve regulations related exempted from the payment of duty and
Accordingly, pursuant to 5 U.S.C. to certain customs revenue functions. tax under § 10.151 or § 10.152.
553(b) and (d) and the Secretary of the List of Subjects * * * * *
Treasury’s authority under 19 U.S.C. (h) The exemption provided for in
1321(b) and 26 U.S.C. 7805, the 19 CFR Part 10 § 10.151 is not to be allowed with
requirements for prior notice and Customs duties and inspection, Entry respect to any tax imposed under the
comment and a delay in effective date of merchandise, Exports, Imports, Internal Revenue Code collected by
are inapplicable; however, CBP is Reporting and recordkeeping other agencies on imported goods.
soliciting comments on this interim rule requirements.
and will consider all comments received PART 128—EXPRESS
19 CFR Part 12 CONSIGNMENTS
before issuing a final rule.
Customs duties and inspection, Entry
B. Executive Orders 12866 and 13563 of merchandise, Imports, Reporting and ■ 4. The general authority citation for
Executive Orders 13563 and 12866 recordkeeping requirements. part 128 continues to read as follows:
direct agencies to assess the costs and Authority: 19 U.S.C. 58c, 66, 1202
19 CFR Part 128
benefits of available regulatory (General Note 3(i), Harmonized Tariff
alternatives and, if regulation is Administrative practice and Schedule of the United States), 1321, 1484,
necessary, to select regulatory procedure, Customs duties and 1498, 1551, 1555, 1556, 1565, 1624.
approaches that maximize net benefits inspection, Entry, Express
* * * * *
(including potential economic, consignments, Imports, Reporting and
environmental, public health and safety recordkeeping requirements. § 128.21 [Amended]
effects, distributive impacts, and 19 CFR Part 143 ■ 6. Amend § 128.21 in paragraph
equity). Executive Order 13563 (a)(4)(ii) by removing the figure ‘‘$200’’
emphasizes the importance of Customs duties and inspection, Entry
of merchandise, Reporting and and adding in its place ‘‘$800’’.
quantifying both costs and benefits, of
reducing costs, of harmonizing rules, recordkeeping requirements. § 128.24 [Amended]
and of promoting flexibility. This rule is 19 CFR Part 145
■ 7. Amend § 128.24 in paragraphs (d)
not a ‘‘significant regulatory action,’’ Customs duties and inspection, and (e) by removing the figure ‘‘$200’’
under section 3(f) of Executive Order Reporting and recordkeeping and adding in its place ‘‘$800’’ in
12866. requirements. paragraph (d) and in three places in
C. The Regulatory Flexibility Act Amendments to the CBP Regulations paragraph (e) introductory text.
This section examines the impact of For the reasons stated above in the PART 143—SPECIAL ENTRY
the rule on small entities as required by preamble, CBP amends parts 10, 12, PROCEDURES
the Regulatory Flexibility Act (5 U.S.C. 128, 143, and 145 of title 19 of the Code
601 et seq.), as amended by the Small of Federal Regulations (19 CFR parts 10, ■ 8. The general authority citation for
Business Regulatory Enforcement and 12, 128, 143, and 145) as follows: part 143 continues to read as follows:
Fairness Act of 1996. A small entity may
be a small business (defined as any PART 10—ARTICLES CONDITIONALLY Authority: 19 U.S.C. 66, 1321, 1414, 1481,
independently owned and operated 1484, 1498, 1624, 1641.
FREE, SUBJECT TO A REDUCED
ehiers on DSK5VPTVN1PROD with RULES
business not dominant in its field that RATE, ETC. * * * * *
qualifies as a small business per the
■ 1. The general authority citation for § 143.21 [Amended]
Small Business Act); a small not-for-
profit organization; or a small part 10 continues to read as follows: ■ 9. Amend § 143.21 in paragraph (l)(1)
governmental jurisdiction (locality with Authority: 19 U.S.C. 66, 1202 (General by removing the figure ‘‘$200’’ and
fewer than 50,000 people). The Note 3(i), Harmonized Tariff Schedule of the adding in its place ‘‘$800’’.
VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1](https://thefederalregister.org/doc/81_FR_58997/page/3.svg)
![58834 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations
■ 10. Amend § 143.23 by revising § 145.31 [Amended] for a hearing or to participate in a
paragraph (j) and adding paragraph (k) ■ 13. Amend § 145.31 by removing the hearing must be received on or before
to read as follows: figure ‘‘$200’’ and adding in its place September 26, 2016.
‘‘$800’’ in the section heading and text. ADDRESSES: To ensure proper handling
§ 143.23 Form of entry.
of comments, please reference ‘‘Docket
* * * * * R. Gil Kerlikowske, No. DEA–375’’ on all correspondence,
(j) Except for mail importations (see Commissioner, U.S. Customs and Border including any attachments.
§§ 145.31 and 145.32 of this chapter), or Protection. • Electronic comments: The Drug
in the case of personal written or oral Approved: August 23, 2016. Enforcement Administration encourages
declarations (see §§ 148.12, 148.13, and Timothy E. Skud, that all comments be submitted
148.62 of this chapter), a shipment of Assistant Secretary of the Treasury. electronically through the Federal
merchandise that qualifies for informal [FR Doc. 2016–20581 Filed 8–25–16; 8:45 am] eRulemaking Portal, which provides the
entry under 19 U.S.C. 1498 may be BILLING CODE 9111–14–P ability to type short comments directly
entered, including the information into the comment field on the Web page
listed in paragraph (k) of this section, by or attach a file for lengthier comments.
presenting the bill of lading or a DEPARTMENT OF JUSTICE Please go to http://www.regulations.gov
manifest listing each bill of lading and follow the online instructions at
when: Drug Enforcement Administration that site for submitting comments. Upon
(1) The value of the shipment does completion of your submission, you will
not exceed $100 in the case of a bona 21 CFR Parts 1301, 1305, and 1308 receive a Comment Tracking Number for
fide gift from a person in a foreign your comment. Please be aware that
[Docket No. DEA–375]
country to a person in the United States submitted comments are not
and the shipment meets the Schedules of Controlled Substances: instantaneously available for public
requirements in § 10.152 of this chapter Placement of Thiafentanil Into view on Regulations.gov. If you have
(see § 10.152 of this chapter); Schedule II received a Comment Tracking Number,
your comment has been successfully
(2) The value of the shipment does AGENCY: Drug Enforcement submitted and there is no need to
not exceed $200 in the case of articles Administration, Department of Justice. resubmit the same comment.
(including bona fide gifts) from the • Paper comments: Paper comments
ACTION: Interim final rule with request
Virgin Islands, Guam, and American that duplicate the electronic submission
for comments.
Samoa and the shipment meets the are not necessary and are discouraged.
requirements in § 10.152 of this chapter SUMMARY: The Drug Enforcement Should you wish to mail a paper
(see § 10.152 of this chapter); or Administration is placing the substance comment in lieu of an electronic
(3) The value of the shipment does thiafentanil (4-(methoxycarbonyl)-4-(N- comment, it should be sent via regular
not exceed $800 and the shipment phenmethoxyacetamido)-1-[2- or express mail to: Drug Enforcement
satisfies the requirements in § 10.151 of (thienyl)ethyl]piperidine), including its Administration, Attn: DEA Federal
this chapter (see §§ 10.151 and 128.24(e) isomers, esters, ethers, salts and salts of Register Representative/ODW, 8701
of this chapter). isomers, esters and ethers as possible, Morrissette Drive, Springfield, Virginia
(k) The following information is into schedule II of the Controlled 22152.
required to be filed as a part of entry Substances Act. This scheduling action • Hearing requests: All requests for
made under paragraph (j) of this section: is pursuant to the Controlled Substances hearing and waivers of participation
Act, as revised by the Improving must be sent to: Drug Enforcement
(1) Country of origin of the Regulatory Transparency for New Administration, Attn: Administrator,
merchandise; Medical Therapies Act which was 8701 Morrissette Drive, Springfield,
(2) Shipper name, address and signed into law on November 25, 2015. Virginia 22152. All requests for hearing
country; DATES: The effective date of this rule is and waivers of participation should also
(3) Ultimate consignee name and August 26, 2016. Interested persons may be sent to: (1) Drug Enforcement
address; file written comments on this rule in Administration, Attn: Hearing Clerk/LJ,
accordance with 21 U.S.C. 811(j)(3) and 8701 Morrissette Drive, Springfield,
(4) Specific description of the Virginia 22152; and (2) Drug
merchandise; 21 CFR 1308.43(g). Electronic comments
must be submitted, and written Enforcement Administration, Attn: DEA
(5) Quantity; comments must be postmarked, on or Federal Register Representative/ODW,
(6) Shipping weight; and before September 26, 2016. Commenters 8701 Morrissette Drive, Springfield,
should be aware that the electronic Virginia 22152.
(7) Value.
Federal Docket Management System FOR FURTHER INFORMATION CONTACT:
■ 11. Amend § 143.26 by removing the will not accept comments after 11:59 Michael J. Lewis, Office of Diversion
figure ‘‘$200’’ and adding in its place p.m. Eastern Time on the last day of the Control, Drug Enforcement
‘‘$800’’ in two places each in paragraphs comment period. Administration; Mailing Address: 8701
(a) and (b). Interested persons, defined at 21 CFR Morrissette Drive, Springfield, Virginia
1300.01 as those ‘‘adversely affected or 22152; Telephone: (202) 598–6812.
PART 145—MAIL IMPORTATIONS aggrieved by any rule or proposed rule SUPPLEMENTARY INFORMATION:
issuable pursuant to section 201 of the
ehiers on DSK5VPTVN1PROD with RULES
■ 12. The general authority citation for Act (21 U.S.C. 811),’’ may file a request Posting of Public Comments
part 145 continues to read as follows: for hearing or waiver of hearing Please note that all comments
Authority: 19 U.S.C. 66, 1202 (General pursuant to 21 CFR 1308.44 and in received are considered part of the
Note 3(i), Harmonized Tariff Schedule of the accordance with 21 CFR 1316.45 and/or public record. They will, unless
United States), 1624. 1316.47, as applicable. Requests for reasonable cause is given, be made
* * * * * hearing and waivers of an opportunity available by the Drug Enforcement
VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1](https://thefederalregister.org/doc/81_FR_58997/page/4.svg)
Document Created: 2016-08-26 10:41:18
Document Modified: 2016-08-26 10:41:18
| 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 | Rules and Regulations | |
| Action | Interim final rule; solicitation of comments. | |
| Contact | Randy Mitchell, Director, Commercial Operation, Revenue and Entry, Trade Policy and Programs, Office of Trade, U.S. Customs and Border Protection, (202) 863-6532. | |
| FR Citation | 81 FR 58831 | |
| RIN Number | 1515-AE09 | |
| CFR Citation | 19
CFR
10 19 CFR 128 19 CFR 143 19 CFR 145 | |
| CFR Associated | Customs Duties and Inspection; Entry of Merchandise; Exports; Imports; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Entry and Express Consignments |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR