82 FR 35064 - Technical Corrections to U.S. Customs and Border Protection Regulations

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

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range		35064-35065
FR Document		2017-15888

U.S. Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are current, correct, and consistent. Through this review process, CBP discovered some discrepancies. This document amends certain sections of title 19 of the Code of Federal Regulations to remedy these discrepancies.

Federal Register, Volume 82 Issue 144 (Friday, July 28, 2017)

[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35064-35065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15888]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 159 and 181

[CBP Dec. 17-08]


Technical Corrections to U.S. Customs and Border Protection 
Regulations

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

ACTION: Final rule.

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

SUMMARY: U.S. Customs and Border Protection (CBP) periodically reviews 
its regulations to ensure that they are current, correct, and 
consistent. Through this review process, CBP discovered some 
discrepancies. This document amends certain sections of title 19 of the 
Code of Federal Regulations to remedy these discrepancies.

DATES: The final rule is effective July 28, 2017.

FOR FURTHER INFORMATION CONTACT: Grace A. Kim, Regulations and Rulings, 
Office of Trade, (202) 325-7941.

SUPPLEMENTARY INFORMATION:

Background

    It is the policy of U.S. Customs and Border Protection (CBP) to 
periodically review title 19 of the Code of Federal Regulations (19 
CFR) to ensure that it is accurate and up-to-date so that the importing 
and general public is aware of CBP programs, requirements, and 
procedures regarding import-related activities. As part of this review 
policy, CBP has determined that certain corrections to 19 CFR parts 159 
and 181 are necessary.

Discussion of Changes

Part 159

    Section 159.58 (19 CFR 159.58) concerns the suspension of 
liquidation by CBP when there are antidumping and countervailing duty 
determinations. The references to part 353 of title 19 CFR in 19 CFR 
159.58(a) and to part 355 of title 19 CFR in 19 CFR 159.58(b) are 
incorrect. On May 19, 1997, the U.S.

[[Page 35065]]

Department of Commerce revised its regulations on antidumping and 
countervailing duty proceedings to conform to the Uruguay Round 
Agreements Act (62 FR 27296) (May 19, 1997) which resulted in a new 
part 351 and the deletion of parts 353 and 355. Accordingly, this 
document makes conforming changes to Sec. Sec.  159.58(a) and 159.58(b) 
to reflect this revision.

Part 181

    Subpart D of Part 181 of title 19 deals with post-importation duty 
refund claims under the North American Free Trade Agreement (NAFTA). 
Section 181.33(d)(1) lists instances wherein a port director may deny a 
post-importation duty refund claim for preferential tariff treatment 
for imported goods under the NAFTA, and it references Sec.  
181.32(b)(3) in the context of the validity of a Certificate of Origin. 
This is not the correct reference. The proper reference should be to 
Sec.  181.32(b)(2), which references the requirement to file a 
Certificate of Origin with respect to the imported goods. Accordingly, 
this document makes changes to Sec.  181.33(d)(1) to reference Sec.  
181.32(b)(2) instead of Sec.  181.32(b)(3).

Inapplicability of Notice and Delayed Effective Date

    As the technical corrections set forth in this document merely 
conform to existing law and regulation, CBP finds that good cause 
exists for dispensing with notice and public procedure as unnecessary 
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C. 
553(d)(3), CBP finds that good cause exists for dispensing with the 
requirement for a delayed effective date.

Regulatory Flexibility Act

    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866, as 
supplemented by Executive Order 13563.

Signing Authority

    This document is limited to technical corrections of the CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b)(1).

List of Subjects

19 CFR Part 159

    Alcohol and alcohol beverages, Antidumping (Liquidation of duties), 
Cigars and cigarettes, Computer technology, Countervailing duties 
(Liquidation of duties), Customs duties and inspection, Discriminating 
duties, Entry procedures, Foreign currencies, Import, Liquidation of 
entries for merchandise, Suspension of liquidation pending disposition 
of American manufacturer's cause of action, Value content.

19 CFR Part 181

    Administrative practice and procedure, Canada, Customs duties and 
inspection, Exports, Imports, Mexico, Reporting and recordkeeping 
requirements, Trade agreements (North American Free-Trade Agreements).

Amendments to the Regulations

    For the reasons set forth above, parts 159 and 181 of the CBP 
regulations (19 CFR parts 159 and 181) are amended as set forth below.

PART 159--LIQUIDATION OF DUTIES

0
1. The general authority citation for part 159 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1500, 1504, 1624.
* * * * *


Sec.  159.58  [Amended]

0
2. Section 159.58 is amended:
0
a. In paragraph (a) by removing the term ``part 353'' and adding in its 
place the term ``part 351''; and
0
b. In paragraph (b) by removing the term ``part 355'' and adding in its 
place the term ``part 351''.

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

0
3. The authority citation for part 181 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624, 3314.
    Subpart D of part 181 also issued under 19 U.S.C. 1520(d).


Sec.  181.33  [Amended]

0
4. Section 181.33(d)(1) is amended by removing the citation ``Sec.  
181.32(b)(3)'' and adding in its place the citation ``Sec.  
181.32(b)(2)''.

    Dated: July 24, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-15888 Filed 7-27-17; 8:45 am]
BILLING CODE 9111-14-P

35064 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations

EDGAR will no longer provide List of Subjects in 17 CFR Part 232 Dated: July 6, 2017.
support for the US–GAAP–2015, EXCH– Incorporation by reference, Reporting By the Commission.
2015, CURRENCY–2014, and and recordkeeping requirements, Brent J. Fields,
COUNTRY–2013 taxonomies. Please see Securities. Secretary.
https://www.sec.gov/info/edgar/edgar [FR Doc. 2017–15862 Filed 7–27–17; 8:45 am]
taxonomies.shtml for a complete list of Text of the Amendment
BILLING CODE 8011–01–P
supported standard taxonomies. In accordance with the foregoing, title
Along with the adoption of the Filer 17, chapter II of the Code of Federal
Manual, we are amending Rule 301 of Regulations is amended as follows: DEPARTMENT OF HOMELAND
Regulation S–T to provide for the
PART 232—REGULATION S–T— SECURITY
incorporation by reference into the Code
of Federal Regulations of these GENERAL RULES AND REGULATIONS
U.S. Customs and Border Protection
revisions. This incorporation by FOR ELECTRONIC FILINGS
reference was approved by the Director DEPARTMENT OF THE TREASURY
of the Federal Register in accordance ■ 1. The authority citation for part 232
with 5 U.S.C. 552(a) and 1 CFR part 51. continues to read in part as follows:
19 CFR Parts 159 and 181
The updated EDGAR Filer Manual Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j,
will be available for Web site viewing 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, [CBP Dec. 17–08]
78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29,
and printing; the address for the Filer
80a–30, 80a–37, and 7201 et seq.; and 18 Technical Corrections to U.S. Customs
Manual is https://www.sec.gov/info/ U.S.C. 1350, unless otherwise noted.
edgar/edmanuals.htm. You may also and Border Protection Regulations
* * * * *
obtain paper copies of the EDGAR Filer AGENCY: U.S. Customs and Border
Manual from the following address: ■ 2. Section 232.301 is revised to read
Protection, Department of Homeland
Public Reference Room, U.S. Securities as follows:
Security; Department of the Treasury.
and Exchange Commission, 100 F Street § 232.301 EDGAR Filer Manual. ACTION: Final rule.
NE., Washington, DC 20549, on official Filers must prepare electronic filings
business days between the hours of 10 in the manner prescribed by the EDGAR SUMMARY: U.S. Customs and Border
a.m. and 3 p.m. Filer Manual, promulgated by the Protection (CBP) periodically reviews its
Since the Filer Manual and the Commission, which sets out the regulations to ensure that they are
corresponding rule changes relate solely technical formatting requirements for current, correct, and consistent.
to agency procedures or practice, electronic submissions. The Through this review process, CBP
publication for notice and comment is requirements for becoming an EDGAR discovered some discrepancies. This
not required under the Administrative Filer and updating company data are set document amends certain sections of
Procedure Act (‘‘APA’’).5 It follows that forth in the updated EDGAR Filer title 19 of the Code of Federal
the requirements of the Regulatory Manual, Volume I: ‘‘General Regulations to remedy these
Flexibility Act 6 do not apply. Information,’’ Version 28 (July 2017). discrepancies.
The effective date for the updated The requirements for filing on EDGAR DATES: The final rule is effective July 28,
Filer Manual and the rule amendments are set forth in the updated EDGAR Filer 2017.
is July 28, 2017. In accordance with the Manual, Volume II: ‘‘EDGAR Filing,’’
APA,7 we find that there is good cause FOR FURTHER INFORMATION CONTACT:
Version 42 (July 2017). All of these
to establish an effective date less than Grace A. Kim, Regulations and Rulings,
provisions have been incorporated by
30 days after publication of these rules. Office of Trade, (202) 325–7941.
reference into the Code of Federal
The EDGAR system upgrade to Release Regulations, which action was approved SUPPLEMENTARY INFORMATION:
17.2 is scheduled to become available by the Director of the Federal Register Background
on July 17, 2017. The Commission in accordance with 5 U.S.C. 552(a) and
believes that establishing an effective 1 CFR part 51. You must comply with It is the policy of U.S. Customs and
date less than 30 days after publication these requirements in order for Border Protection (CBP) to periodically
of these rules is necessary to coordinate documents to be timely received and review title 19 of the Code of Federal
the effectiveness of the updated Filer accepted. The EDGAR Filer Manual is Regulations (19 CFR) to ensure that it is
Manual with these system upgrades. available for Web site viewing and accurate and up-to-date so that the
printing; the address for the Filer importing and general public is aware of
Statutory Basis CBP programs, requirements, and
Manual is https://www.sec.gov/info/
We are adopting the amendments to edgar/edmanuals.htm. You can obtain procedures regarding import-related
Regulation S–T under Sections 6, 7, 8, paper copies of the EDGAR Filer activities. As part of this review policy,
10, and 19(a) of the Securities Act of Manual from the following address: CBP has determined that certain
1933,8 Sections 3, 12, 13, 14, 15, 23, and Public Reference Room, U.S. Securities corrections to 19 CFR parts 159 and 181
35A of the Securities Exchange Act of and Exchange Commission, 100 F Street are necessary.
1934,9 Section 319 of the Trust NE., Washington, DC 20549, on official Discussion of Changes
Indenture Act of 1939,10 and Sections 8, business days between the hours of
30, 31, and 38 of the Investment 10:00 a.m. and 3:00 p.m. You can also Part 159
asabaliauskas on DSKBBXCHB2PROD with RULES

Company Act of 1940.11 inspect the document at the National Section 159.58 (19 CFR 159.58)
55
Archives and Records Administration concerns the suspension of liquidation
U.S.C. 553(b)(A).
65
(NARA). For information on the by CBP when there are antidumping and
U.S.C. 601–612.
7 5 U.S.C. 553(d)(3). availability of this material at NARA, countervailing duty determinations. The
8 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). call 202–741–6030, or go to: http:// references to part 353 of title 19 CFR in
9 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. www.archives.gov/federal_register/ 19 CFR 159.58(a) and to part 355 of title
10 15 U.S.C. 77sss. code_of_federal_regulations/ 19 CFR in 19 CFR 159.58(b) are
11 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. ibr_locations.html. incorrect. On May 19, 1997, the U.S.

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Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations 35065

Department of Commerce revised its List of Subjects DEPARTMENT OF HEALTH AND
regulations on antidumping and HUMAN SERVICES
19 CFR Part 159
countervailing duty proceedings to
conform to the Uruguay Round Alcohol and alcohol beverages, Food and Drug Administration
Agreements Act (62 FR 27296) (May 19, Antidumping (Liquidation of duties),
1997) which resulted in a new part 351 Cigars and cigarettes, Computer 21 CFR Part 870
and the deletion of parts 353 and 355. technology, Countervailing duties [Docket No. FDA–2017–N–1620]
Accordingly, this document makes (Liquidation of duties), Customs duties
conforming changes to §§ 159.58(a) and and inspection, Discriminating duties, Medical Devices; Cardiovascular
159.58(b) to reflect this revision. Entry procedures, Foreign currencies, Devices; Classification of the
Import, Liquidation of entries for Adjunctive Cardiovascular Status
Part 181 merchandise, Suspension of liquidation Indicator
pending disposition of American
Subpart D of Part 181 of title 19 deals AGENCY: Food and Drug Administration,
manufacturer’s cause of action, Value
with post-importation duty refund content. HHS.
claims under the North American Free ACTION: Final order.
Trade Agreement (NAFTA). Section 19 CFR Part 181
181.33(d)(1) lists instances wherein a SUMMARY: The Food and Drug
Administrative practice and Administration (FDA) is classifying the
port director may deny a post- procedure, Canada, Customs duties and
importation duty refund claim for adjunctive cardiovascular status
inspection, Exports, Imports, Mexico, indicator into class II (special controls).
preferential tariff treatment for imported Reporting and recordkeeping
goods under the NAFTA, and it The special controls that will apply to
requirements, Trade agreements (North the device are identified in this order
references § 181.32(b)(3) in the context American Free-Trade Agreements).
of the validity of a Certificate of Origin. and will be part of the codified language
Amendments to the Regulations for the adjunctive cardiovascular status
This is not the correct reference. The
indicator’s classification. The Agency is
proper reference should be to For the reasons set forth above, parts classifying the device into class II
§ 181.32(b)(2), which references the 159 and 181 of the CBP regulations (19 (special controls) in order to provide a
requirement to file a Certificate of CFR parts 159 and 181) are amended as reasonable assurance of safety and
Origin with respect to the imported set forth below. effectiveness of the device.
goods. Accordingly, this document
PART 159—LIQUIDATION OF DUTIES DATES: This order is effective July 28,
makes changes to § 181.33(d)(1) to
2017. The classification was applicable
reference § 181.32(b)(2) instead of
■ 1. The general authority citation for on December 21, 2016.
§ 181.32(b)(3).
part 159 continues to read as follows: FOR FURTHER INFORMATION CONTACT:
Inapplicability of Notice and Delayed Authority: 19 U.S.C. 66, 1500, 1504, 1624. Nathalie Yarkony, Center for Devices
Effective Date and Radiological Health, Food and Drug
* * * * * Administration, 10903 New Hampshire
As the technical corrections set forth Ave., Bldg. 66, Rm. 1254, Silver Spring,
§ 159.58 [Amended]
in this document merely conform to MD 20993–0002, 301–796–1235,
existing law and regulation, CBP finds ■ 2. Section 159.58 is amended: nathalie.yarkony@fda.hhs.gov.
that good cause exists for dispensing ■ a. In paragraph (a) by removing the
SUPPLEMENTARY INFORMATION:
with notice and public procedure as term ‘‘part 353’’ and adding in its place
unnecessary under 5 U.S.C. 553(b)(B). the term ‘‘part 351’’; and I. Background
For this same reason, pursuant to 5 ■ b. In paragraph (b) by removing the In accordance with section 513(f)(1) of
U.S.C. 553(d)(3), CBP finds that good term ‘‘part 355’’ and adding in its place the Federal Food, Drug, and Cosmetic
cause exists for dispensing with the the term ‘‘part 351’’. Act (the FD&C Act) (21 U.S.C.
requirement for a delayed effective date. 360c(f)(1)), devices that were not in
PART 181—NORTH AMERICAN FREE commercial distribution before May 28,
Regulatory Flexibility Act TRADE AGREEMENT 1976 (the date of enactment of the
Because this document is not subject Medical Device Amendments of 1976),
■ 3. The authority citation for part 181
to the notice and public procedure generally referred to as postamendments
continues to read as follows:
requirements of 5 U.S.C. 553, it is not devices, are classified automatically by
Authority: 19 U.S.C. 66, 1202 (General statute into class III without any FDA
subject to the provisions of the Note 3(i), Harmonized Tariff Schedule of the
Regulatory Flexibility Act (5 U.S.C. 601 rulemaking process. These devices
United States (HTSUS)), 1624, 3314.
et seq.). remain in class III and require
Subpart D of part 181 also issued under 19
U.S.C. 1520(d). premarket approval unless and until the
Executive Order 12866 device is classified or reclassified into
§ 181.33 [Amended] class I or II, or FDA issues an order
These amendments do not meet the finding the device to be substantially
criteria for a ‘‘significant regulatory ■ 4. Section 181.33(d)(1) is amended by
removing the citation ‘‘§ 181.32(b)(3)’’ equivalent, in accordance with section
action’’ as specified in Executive Order 513(i) of the FD&C Act, to a predicate
and adding in its place the citation
asabaliauskas on DSKBBXCHB2PROD with RULES

12866, as supplemented by Executive device that does not require premarket
Order 13563. ‘‘§ 181.32(b)(2)’’.
approval. The Agency determines
Dated: July 24, 2017. whether new devices are substantially
Signing Authority
Kevin K. McAleenan, equivalent to predicate devices by
This document is limited to technical Acting Commissioner, U.S. Customs and means of premarket notification
corrections of the CBP regulations. Border Protection. procedures in section 510(k) of the
Accordingly, it is being signed under [FR Doc. 2017–15888 Filed 7–27–17; 8:45 am] FD&C Act (21 U.S.C. 360(k)) and part
the authority of 19 CFR 0.1(b)(1). BILLING CODE 9111–14–P 807 (21 CFR part 807) of the regulations.

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Document Created: 2017-07-28 03:10:48
Document Modified: 2017-07-28 03:10:48

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		Final rule.
Dates		The final rule is effective July 28, 2017.
Contact		Grace A. Kim, Regulations and Rulings, Office of Trade, (202) 325-7941.
FR Citation		82 FR 35064
CFR Citation		19 CFR 159 19 CFR 181
CFR Associated		Alcohol and Alcohol Beverages; Antidumping (liquidation of Duties); Cigars and Cigarettes; Computer Technology; Countervailing Duties (liquidation of Duties); Customs Duties and Inspection; Discriminating Duties; Entry Procedures; Foreign Currencies; Import; Liquidation of Entries for Merchandise; Suspension of Liquidation Pending Disposition of American Manufacturer's Cause of Action; Value Content; Administrative Practice and Procedure; Canada; Exports; Imports; Mexico; Reporting and Recordkeeping Requirements and Trade Agreements (north American Free-Trade Agreements)

82 FR 35064 - Technical Corrections to U.S. Customs and Border Protection Regulations

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border ProtectionDEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 144 (July 28, 2017)

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