83_FR_40834 83 FR 40675 - Refund of Alcohol Excise Tax

83 FR 40675 - Refund of Alcohol Excise Tax

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

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40675-40677
FR Document2018-17710

This document updates language in the U.S. Customs and Border Protection (CBP) regulations to reflect the current organization of CBP and the Department of the Treasury. The document also eliminates a restriction pertaining to CBP's authority to refund excessive duties, taxes, fees, or interest imposed on distilled spirits, wine, and beer to facilitate implementation of Subpart A (Craft Beverage Modernization and Tax Reform) of Part IX of the Tax Cuts and Jobs Act, signed December 22, 2017, commonly referred to as the Craft Beverage Modernization Act.

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40675-40677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17710]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 24

[CBP Dec. 18-09; Docket No. USCBP-2018-0033]
RIN 1515-AE39


Refund of Alcohol Excise Tax

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

ACTION: Interim regulations; solicitation of comments.

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

SUMMARY: This document updates language in the U.S. Customs and Border 
Protection (CBP) regulations to reflect the current organization of CBP 
and the Department of the Treasury. The document also eliminates a 
restriction pertaining to CBP's authority to refund excessive duties, 
taxes, fees, or interest imposed on distilled spirits, wine, and beer 
to facilitate implementation of Subpart A (Craft Beverage Modernization 
and Tax Reform) of Part IX of the Tax Cuts and Jobs Act, signed 
December 22, 2017, commonly referred to as the Craft Beverage 
Modernization Act.

DATES: This interim final rule is effective August 16, 2018; comments 
must be received by October 15, 2018.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2018-0033, 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-2018-0033. 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 business days between the hours of 9:00 
a.m. and 4:30 p.m. at the 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. Arrangements to 
inspect submitted comments should be made in advance by calling Mr. 
Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Sharolyn J. McCann, Supervisory 
Program Manager, Office of Trade, U.S. Customs and Border Protection, 
(571) 468-5478, [email protected].

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. See ADDRESSES above for information on how to submit 
comments. U.S. Customs and Border Protection (CBP) also invites 
comments that relate to the effects that might result from this interim 
rule. Comments that will provide the most assistance to CBP 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.

Background

    CBP is amending Sec.  24.36 of title 19 of the Code of Federal 
Regulations (19 CFR 24.36) regarding the authority of CBP to issue 
refunds of excessive duties, taxes, fees, or interest to:
    (1) Reflect changes in departmental organization, a statutory 
citation to account for the Internal Revenue Code of 1986, and current 
form names and numbers. The current text refers to the Department of 
the Treasury's (Treasury) organization that preceded the 1972 transfer 
of certain functions from the Internal Revenue Service to the Bureau of 
Alcohol, Tobacco and Firearms. See Treasury Order 221 (June 6, 1972). 
The Homeland Security Act of 2002 (Pub. L. 107-296, December 25, 2002) 
later transferred these functions described in 19 CFR 24.36(e) to the 
Alcohol and Tobacco Tax and Trade Bureau (TTB).
    The reference to Internal Revenue Form 843 in Sec.  24.36(e)(1) 
predates the 1963 republication of chapter I of title 19 (see 28 FR 
14546, 14815 (Dec. 31, 1963)) and is obsolete. The current IRS Form 843 
is not related to excise tax. Current TTB Form 5620.8, ``Claim--

[[Page 40676]]

Alcohol, Tobacco, and Firearms Taxes,'' is the modern equivalent of the 
form referred to in the regulations.
    CBP is also removing references to the ``port director'' to allow 
for CBP to issue refunds either through electronic methods or by the 
ports or the Centers of Excellence and Expertise, and is making other 
grammatical changes as appropriate.
    (2) Add to CBP's refund authority the ability to refund taxes paid 
prior to assigning a reduced tax rate or tax credit for alcoholic 
beverages, including beer, wine, and distilled spirits, as allowed by 
sections 13801-13808 (Subpart A--Craft Beverage Modernization and Tax 
Reform, of Part IX) of the Tax Cuts and Jobs Act of 2017 (Pub. L. 115-
97) signed December 22, 2017, commonly referred to as the Craft 
Beverage Modernization Act (CBMA).
    The CBMA amended the Internal Revenue Code for two calendar years 
with respect to the tax treatment of alcoholic beverages, including 
beer, wine, and distilled spirits. For an importer to be eligible to 
receive a reduced tax rate or a tax credit, the importer must be able 
to substantiate that the foreign producer has assigned an allotment of 
its reduced tax rate or tax credits to the beer, wine, or distilled 
spirits imported by that importer. The new Sec.  24.36(d)(10) makes it 
clear that CBP has authority to refund the difference between the full 
excise taxes an importer pays at the time of entry summary filing and 
the CBMA's lower effective tax rate. An importer must request and 
substantiate its entitlement to the reduced tax rate or tax credit 
appropriately.

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 are unnecessary 
and that good cause exists to issue these regulations effective upon 
publication. Prior notice and comment are unnecessary because the rule 
does not substantively alter the underlying rights or interests of 
importers or filers, but instead makes technical corrections and makes 
clear that importers may obtain the benefit of a lower effective tax 
rate by filing a refund claim with CBP.

Executive Orders 13563, 12866, and 13771

    Executive Orders (E.O.) 13563 (``Improving Regulation and 
Regulatory Review'') and 12866 (``Regulatory Planning and Review'') 
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). E.O. 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. E.O. 13771 (``Reducing Regulation 
and Controlling Regulatory Costs'') directs agencies to reduce 
regulation and control regulatory costs and provides that ``for every 
one new regulation issued, at least two prior regulations be identified 
for elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    This interim rule is not a ``significant regulatory action,'' under 
section 3(f) of E.O. 12866. Accordingly, the Office of Management and 
Budget (OMB) has not reviewed this regulation. As this rule is not a 
significant regulatory action, this rule is exempt from the 
requirements of E.O. 13771. See OMB's Memorandum titled ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs''' (April 5, 2017).

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. Since 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 (PRA)

    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 information collection activities associated 
with the existing requirements related to the submission of a TTB Form 
5620.8 are currently approved by OMB under OMB control number 1513-
0030. There is no change in burden hours as a result of this rule.

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 or her delegate) to approve 
regulations related to certain CBP revenue functions.

List of Subjects in 19 CFR Part 24

    Accounting, Claims, Harbors, Reporting and recordkeeping 
requirements, Taxes.

Amendments to Part 24 of the CBP Regulations

    For the reasons set forth in the preamble, 19 CFR part 24 is 
amended as set forth below.

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

0
 1. The general citation for part 24 continues, and the specific 
authority citation for Sec.  24.36 is revised, to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General 
Note 3(i), Harmonized Tariff Schedule of the United States), 1505, 
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 3717, 9701; Pub. L. 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
    Section 24.36 also issued under 26 U.S.C. 6423; Pub. L. 115-97.


0
2. In Sec.  24.36:
0
a. Paragraph (d) introductory text is revised;
0
b. Amend paragraph (d)(8) by removing the word ``or'' at the end of the 
paragraph;
0
c. Amend paragraph (d)(9) by removing the period at the end of the 
paragraph and adding in its place ``; or'';
0
d. Paragraph (d)(10) is added; and
0
e. Paragraphs (e)(1) through (3) are revised.
    The revisions and additions read as follows:


Sec.  24.36   Refunds of excessive duties, taxes, etc.

* * * * *
    (d) The authority of CBP to make refunds pursuant to paragraphs 
(a), (b), and (c) of this section of excessive deposits of alcohol or 
tobacco taxes, as defined in section 6423(d)(1), Internal Revenue Code 
of 1986, as amended (26

[[Page 40677]]

U.S.C. 6423(d)(1)), is confined to cases of the types which are 
excepted from the application of section 6423, Internal Revenue Code of 
1986, as amended (26 U.S.C. 6423). The excepted types of cases and, 
therefore, the types in which CBP is authorized to make refunds of such 
taxes are those in which:
* * * * *
    (10) For alcohol excise taxes imposed under the Internal Revenue 
Code, the refund of tax is claimed pursuant to the assignment of a 
reduced tax rate or tax credit to an importer by a foreign producer in 
accordance with CBP implementation of sections 13801-13808 of Public 
Law 115-97 (December 22, 2017).
    (e) * * *
    (1) CBP will provide the following notice to the importer of 
record: ``Claim for refund of any overpayment of internal revenue tax 
on this entry must be executed and filed with the Director, National 
Revenue Center, Alcohol and Tobacco Tax and Trade Bureau (TTB), in 
accordance with TTB regulations (Title 27 of the Code of Federal 
Regulations).'' On request of the claimant, CBP will issue a statement 
identifying the entry, showing the amount of internal revenue tax 
deposited with respect to each entry for which a claim on TTB Form 
5620.8 is to be made, and showing the date of issuance of the notice of 
refund of duty.
    (2) The claim must be executed on TTB Form 5620.8 (Claim--Alcohol, 
Tobacco, and Firearms Taxes) and must be filed with the Director, 
National Revenue Center, TTB. The certified statement must be attached 
to and filed in support of such claim which may include refunds under 
more than one entry but is limited to refunds under entries filed at 
the same port and the same internal revenue region. The data to be 
shown on the claim must be as prescribed in TTB regulations, with the 
exception that any data on the certified statement also required to be 
shown in the claim need not be restated in the claim.
    (3) The date of allowance of refund or credit in respect of such 
tax for the purposes of section 6407, Internal Revenue Code of 1986, as 
amended (26 U.S.C. 6407), will be that date on which a claim is 
perfected and the refund is authorized for scheduling under the 
applicable TTB regulations.

Kevin K. McAleenan,
Commissioner.
    Approved: August 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2018-17710 Filed 8-15-18; 8:45 am]
BILLING CODE 9111-14-P



                                                                Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations                                         40675

                                              straps; metal parts permanently encased in a            DEPARTMENT OF HOMELAND                                comments received, go to http://
                                              non-metallic covering; and for oxfords,39 coil          SECURITY                                              www.regulations.gov. Submitted
                                              and joint springs.                                                                                            comments may also be inspected during
                                                 (b) Exemptions recognized in the industry            U.S. Customs and Border Protection                    business days between the hours of 9:00
                                              and not to be considered in any assay for                                                                     a.m. and 4:30 p.m. at the Trade and
                                              quality of a gold filled, gold overlay and              DEPARTMENT OF THE TREASURY                            Commercial Regulations Branch,
                                              rolled gold plate industry product, other than                                                                Regulations and Rulings, Office of
                                              watchcases, include joints, catches, screws,            19 CFR Part 24
                                              pin stems, pins of scarf pins, hat pins, etc.,
                                                                                                                                                            Trade, U.S. Customs and Border
                                              field pieces and bezels for lockets, posts and          [CBP Dec. 18–09; Docket No. USCBP–2018–               Protection, 90 K Street NE, 10th Floor,
                                              separate backs of lapel buttons, bracelet and           0033]                                                 Washington, DC. Arrangements to
                                              necklace snap tongues, springs, and metallic                                                                  inspect submitted comments should be
                                              parts completely and permanently encased in             RIN 1515–AE39                                         made in advance by calling Mr. Joseph
                                              a nonmetallic covering.                                                                                       Clark at (202) 325–0118.
                                                                                                      Refund of Alcohol Excise Tax
                                                 Note to Paragraph (b): Exemptions                                                                          FOR FURTHER INFORMATION CONTACT:
                                              recognized in the industry and not to be                AGENCY:  U.S. Customs and Border                      Sharolyn J. McCann, Supervisory
                                              considered in any assay for quality of a gold           Protection, Department of Homeland                    Program Manager, Office of Trade, U.S.
                                              filled, gold overlay and rolled gold plate              Security; Department of the Treasury.                 Customs and Border Protection, (571)
                                              optical product include: Screws; the hinge
                                                                                                      ACTION: Interim regulations; solicitation             468–5478, sharolyn.j.mccann@
                                              assembly (barrel or other special types such
                                              as are customarily used in plastic frames);             of comments.                                          cbp.dhs.gov.
                                              washers, bushings, tubes and nuts of screw                                                                    SUPPLEMENTARY INFORMATION:
                                              assemblies; dowels; pad inserts; springs for
                                                                                                      SUMMARY:    This document updates
                                              spring shoe straps, cores and/or inner                  language in the U.S. Customs and                      Public Participation
                                              windings of comfort cable temples; metal                Border Protection (CBP) regulations to
                                                                                                                                                              Interested persons are invited to
                                              parts permanently encased in a nonmetallic              reflect the current organization of CBP
                                                                                                                                                            participate in this rulemaking by
                                              covering; and for oxfords, the handle and               and the Department of the Treasury. The
                                                                                                                                                            submitting written data, views, or
                                              catch.                                                  document also eliminates a restriction
                                                                                                                                                            arguments on all aspects of the interim
                                                 (c) Exemptions recognized in the industry            pertaining to CBP’s authority to refund
                                                                                                                                                            rule. See ADDRESSES above for
                                              and not to be considered in any assay for               excessive duties, taxes, fees, or interest
                                              quality of a silver industry product include
                                                                                                                                                            information on how to submit
                                                                                                      imposed on distilled spirits, wine, and
                                              screws, rivets, springs, spring pins for wrist                                                                comments. U.S. Customs and Border
                                                                                                      beer to facilitate implementation of
                                              watch straps; posts and separable backs of                                                                    Protection (CBP) also invites comments
                                                                                                      Subpart A (Craft Beverage
                                              lapel buttons; wire pegs, posts, and nuts used                                                                that relate to the effects that might result
                                                                                                      Modernization and Tax Reform) of Part
                                              for applying mountings or other ornaments,                                                                    from this interim rule. Comments that
                                                                                                      IX of the Tax Cuts and Jobs Act, signed
                                              which mountings or ornaments shall be of                                                                      will provide the most assistance to CBP
                                              the quality marked; pin stems (e.g., of badges,         December 22, 2017, commonly referred
                                                                                                                                                            will reference a specific portion of the
                                              brooches, emblem pins, hat pins, and scarf              to as the Craft Beverage Modernization
                                                                                                                                                            interim rule, explain the reason for any
                                              pins, etc.); levers for belt buckles; blades and        Act.
                                                                                                                                                            recommended change, and include data,
                                              skeletons of pocket knives; field pieces and            DATES: This interim final rule is                     information, or authority that support
                                              bezels for lockets; bracelet and necklace snap          effective August 16, 2018; comments
                                              tongues; any other joints, catches, or screws;
                                                                                                                                                            such recommended change.
                                                                                                      must be received by October 15, 2018.
                                              and metallic parts completely and                                                                             Background
                                                                                                      ADDRESSES: You may submit comments,
                                              permanently encased in a nonmetallic
                                              covering.                                               identified by docket number USCBP–                       CBP is amending § 24.36 of title 19 of
                                                 (d) Exemptions recognized in the industry            2018–0033, by one of the following                    the Code of Federal Regulations (19 CFR
                                              and not to be considered in any assay for               methods:                                              24.36) regarding the authority of CBP to
                                              quality of an industry product of silver in                • Federal eRulemaking Portal: http://              issue refunds of excessive duties, taxes,
                                              combination with gold include joints,                   www.regulations.gov. Follow the                       fees, or interest to:
                                              catches, screws, pin stems, pins of scarf pins,         instructions for submitting comments.                    (1) Reflect changes in departmental
                                              hat pins, etc., posts and separable backs of               • Mail: Trade and Commercial                       organization, a statutory citation to
                                              lapel buttons, springs, bracelet and necklace           Regulations Branch, Regulations and                   account for the Internal Revenue Code
                                              snap tongues, and metallic parts completely             Rulings, Office of Trade, U.S. Customs                of 1986, and current form names and
                                              and permanently encased in a nonmetallic
                                              covering.
                                                                                                      and Border Protection, 90 K Street NE,                numbers. The current text refers to the
                                                 (e) Exemptions recognized in the industry            10th Floor, Washington, DC 20229–                     Department of the Treasury’s (Treasury)
                                              and not to be considered in any assay for               1177.                                                 organization that preceded the 1972
                                              quality of a platinum industry product                     Instructions: All submissions received             transfer of certain functions from the
                                              include springs, winding bars, sleeves, crown           must include the agency name and                      Internal Revenue Service to the Bureau
                                              cores, mechanical joint pins, screws, rivets,           docket title for this rulemaking, and                 of Alcohol, Tobacco and Firearms. See
                                              dust bands, detachable movement rims, hat               must reference docket number USCBP–                   Treasury Order 221 (June 6, 1972). The
                                              pin stems, and bracelet and necklace snap               2018–0033. All comments received will                 Homeland Security Act of 2002 (Pub. L.
                                              tongues.                                                be posted without change to http://                   107–296, December 25, 2002) later
                                                By direction of the Commission.                       www.regulations.gov, including any                    transferred these functions described in
                                              Donald S. Clark,                                        personal information provided. For                    19 CFR 24.36(e) to the Alcohol and
                                              Secretary.                                              detailed instructions on submitting                   Tobacco Tax and Trade Bureau (TTB).
sradovich on DSK3GMQ082PROD with RULES




                                              [FR Doc. 2018–17454 Filed 8–15–18; 8:45 am]
                                                                                                      comments and additional information                      The reference to Internal Revenue
                                                                                                      on the rulemaking process, see the                    Form 843 in § 24.36(e)(1) predates the
                                              BILLING CODE 6750–01–P
                                                                                                      ‘‘Public Participation’’ heading of the               1963 republication of chapter I of title
                                                39 Oxfords are a form of eyeglasses where a flat
                                                                                                      SUPPLEMENTARY INFORMATION section of                  19 (see 28 FR 14546, 14815 (Dec. 31,
                                              spring joins the two eye rims and the tension it
                                                                                                      the document.                                         1963)) and is obsolete. The current IRS
                                              exerts on the nose serves to hold the unit in place.       Docket: For access to the docket to                Form 843 is not related to excise tax.
                                              Oxfords are also referred to as pince nez.              read background documents or                          Current TTB Form 5620.8, ‘‘Claim—


                                         VerDate Sep<11>2014   15:45 Aug 15, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                              40676            Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations

                                              Alcohol, Tobacco, and Firearms Taxes,’’                 or interests of importers or filers, but              unless it displays a valid OMB control
                                              is the modern equivalent of the form                    instead makes technical corrections and               number. The information collection
                                              referred to in the regulations.                         makes clear that importers may obtain                 activities associated with the existing
                                                 CBP is also removing references to the               the benefit of a lower effective tax rate             requirements related to the submission
                                              ‘‘port director’’ to allow for CBP to issue             by filing a refund claim with CBP.                    of a TTB Form 5620.8 are currently
                                              refunds either through electronic                                                                             approved by OMB under OMB control
                                              methods or by the ports or the Centers                  Executive Orders 13563, 12866, and
                                                                                                      13771                                                 number 1513–0030. There is no change
                                              of Excellence and Expertise, and is                                                                           in burden hours as a result of this rule.
                                              making other grammatical changes as                        Executive Orders (E.O.) 13563
                                              appropriate.                                            (‘‘Improving Regulation and Regulatory                Signing Authority
                                                 (2) Add to CBP’s refund authority the                Review’’) and 12866 (‘‘Regulatory                       This document is being issued in
                                              ability to refund taxes paid prior to                   Planning and Review’’) direct agencies                accordance with § 0.1(a)(1) of the CBP
                                              assigning a reduced tax rate or tax credit              to assess the costs and benefits of                   regulations (19 CFR 0.1(a)(1)) pertaining
                                              for alcoholic beverages, including beer,                available regulatory alternatives and, if             to the authority of the Secretary of the
                                              wine, and distilled spirits, as allowed by              regulation is necessary, to select                    Treasury (or his or her delegate) to
                                              sections 13801–13808 (Subpart A—Craft                   regulatory approaches that maximize                   approve regulations related to certain
                                              Beverage Modernization and Tax                          net benefits (including potential                     CBP revenue functions.
                                              Reform, of Part IX) of the Tax Cuts and                 economic, environmental, public health
                                              Jobs Act of 2017 (Pub. L. 115–97) signed                and safety effects, distributive impacts,             List of Subjects in 19 CFR Part 24
                                              December 22, 2017, commonly referred                    and equity). E.O. 13563 emphasizes the                  Accounting, Claims, Harbors,
                                              to as the Craft Beverage Modernization                  importance of quantifying both costs                  Reporting and recordkeeping
                                              Act (CBMA).                                             and benefits, of reducing costs, of                   requirements, Taxes.
                                                 The CBMA amended the Internal                        harmonizing rules, and of promoting
                                              Revenue Code for two calendar years                     flexibility. E.O. 13771 (‘‘Reducing                   Amendments to Part 24 of the CBP
                                              with respect to the tax treatment of                    Regulation and Controlling Regulatory                 Regulations
                                              alcoholic beverages, including beer,                    Costs’’) directs agencies to reduce                     For the reasons set forth in the
                                              wine, and distilled spirits. For an                     regulation and control regulatory costs               preamble, 19 CFR part 24 is amended as
                                              importer to be eligible to receive a                    and provides that ‘‘for every one new                 set forth below.
                                              reduced tax rate or a tax credit, the                   regulation issued, at least two prior
                                              importer must be able to substantiate                   regulations be identified for elimination,            PART 24—CUSTOMS FINANCIAL AND
                                              that the foreign producer has assigned                  and that the cost of planned regulations              ACCOUNTING PROCEDURE
                                              an allotment of its reduced tax rate or                 be prudently managed and controlled
                                              tax credits to the beer, wine, or distilled             through a budgeting process.’’                        ■ 1. The general citation for part 24
                                              spirits imported by that importer. The                     This interim rule is not a ‘‘significant           continues, and the specific authority
                                              new § 24.36(d)(10) makes it clear that                  regulatory action,’’ under section 3(f) of            citation for § 24.36 is revised, to read as
                                              CBP has authority to refund the                         E.O. 12866. Accordingly, the Office of                follows:
                                              difference between the full excise taxes                Management and Budget (OMB) has not                     Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c,
                                              an importer pays at the time of entry                   reviewed this regulation. As this rule is             66, 1202 (General Note 3(i), Harmonized
                                              summary filing and the CBMA’s lower                     not a significant regulatory action, this             Tariff Schedule of the United States), 1505,
                                              effective tax rate. An importer must                    rule is exempt from the requirements of               1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C.
                                              request and substantiate its entitlement                E.O. 13771. See OMB’s Memorandum                      3717, 9701; Pub. L. 107–296, 116 Stat. 2135
                                              to the reduced tax rate or tax credit                                                                         (6 U.S.C. 1 et seq.).
                                                                                                      titled ‘‘Guidance Implementing
                                              appropriately.                                          Executive Order 13771, Titled                         *        *   *    *     *
                                                                                                      ‘Reducing Regulation and Controlling                    Section 24.36 also issued under 26 U.S.C.
                                              Inapplicability of Notice and Delayed                                                                         6423; Pub. L. 115–97.
                                              Effective Date                                          Regulatory Costs’’’ (April 5, 2017).
                                                                                                                                                            ■ 2. In § 24.36:
                                                The Administrative Procedure Act                      Regulatory Flexibility Act                            ■ a. Paragraph (d) introductory text is
                                              (APA) requirements in 5 U.S.C. 553                        The Regulatory Flexibility Act (5                   revised;
                                              govern agency rulemaking procedures.                    U.S.C. 601 et seq.), as amended by the                ■ b. Amend paragraph (d)(8) by
                                              Section 553(b) of the APA generally                     Small Business Regulatory Enforcement                 removing the word ‘‘or’’ at the end of
                                              requires notice and public comment                      and Fairness Act of 1996, requires an                 the paragraph;
                                              before issuance of a final rule. In                     agency to prepare and make available to               ■ c. Amend paragraph (d)(9) by
                                              addition, section 553(d) of the APA                     the public a regulatory flexibility                   removing the period at the end of the
                                              requires that a final rule have a 30-day                analysis that describes the effect of a               paragraph and adding in its place ‘‘; or’’;
                                              delayed effective date. The APA,                        proposed rule on small entities (i.e.,                ■ d. Paragraph (d)(10) is added; and
                                              however, provides exceptions from the                   small businesses, small organizations,                ■ e. Paragraphs (e)(1) through (3) are
                                              prior notice and public comment                         and small governmental jurisdictions)                 revised.
                                              requirement and the delayed effective                   when the agency is required to publish                  The revisions and additions read as
                                              date requirements, when an agency for                   a general notice of proposed rulemaking               follows:
                                              good cause finds that such procedures                   for a rule. Since a general notice of
                                              are impracticable, unnecessary, or                      proposed rulemaking is not necessary                  § 24.36 Refunds of excessive duties,
                                              contrary to the public interest.                        for this rule, CBP is not required to                 taxes, etc.
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                                                Treasury and CBP find that prior                      prepare a regulatory flexibility analysis             *     *     *     *     *
                                              notice and comment are unnecessary                      for this rule.                                          (d) The authority of CBP to make
                                              and that good cause exists to issue these                                                                     refunds pursuant to paragraphs (a), (b),
                                              regulations effective upon publication.                 Paperwork Reduction Act (PRA)                         and (c) of this section of excessive
                                              Prior notice and comment are                              An agency may not conduct or                        deposits of alcohol or tobacco taxes, as
                                              unnecessary because the rule does not                   sponsor, and a person is not required to              defined in section 6423(d)(1), Internal
                                              substantively alter the underlying rights               respond to, a collection of information               Revenue Code of 1986, as amended (26


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                                                               Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations                                         40677

                                              U.S.C. 6423(d)(1)), is confined to cases                authorized for scheduling under the                   opportunity to comment pursuant to
                                              of the types which are excepted from                    applicable TTB regulations.                           authority under section 4(a) of the
                                              the application of section 6423, Internal                                                                     Administrative Procedure Act (APA) (5
                                                                                                      Kevin K. McAleenan,
                                              Revenue Code of 1986, as amended (26                                                                          U.S.C. 553(b)). This provision
                                                                                                      Commissioner.                                         authorizes an agency to issue a rule
                                              U.S.C. 6423). The excepted types of
                                                                                                        Approved: August 13, 2018.                          without prior notice and opportunity to
                                              cases and, therefore, the types in which
                                                                                                      Timothy E. Skud,                                      comment when the agency for good
                                              CBP is authorized to make refunds of
                                              such taxes are those in which:                          Deputy Assistant Secretary of the Treasury.           cause finds that those procedures are
                                                                                                      [FR Doc. 2018–17710 Filed 8–15–18; 8:45 am]           ‘‘impracticable, unnecessary, or contrary
                                              *      *    *      *    *                                                                                     to the public interest.’’ Under 5 U.S.C.
                                                                                                      BILLING CODE 9111–14–P
                                                 (10) For alcohol excise taxes imposed                                                                      553(b) (B), the Coast Guard finds that
                                              under the Internal Revenue Code, the                                                                          good cause exists for not publishing a
                                              refund of tax is claimed pursuant to the                DEPARTMENT OF HOMELAND                                notice of proposed rulemaking (NPRM)
                                              assignment of a reduced tax rate or tax                 SECURITY                                              with respect to this rule because doing
                                              credit to an importer by a foreign                                                                            so would be impracticable. The Coast
                                              producer in accordance with CBP                         Coast Guard                                           Guard did not receive the final details
                                              implementation of sections 13801–                                                                             of this swim event until there was
                                              13808 of Public Law 115–97 (December                    33 CFR Part 100                                       insufficient time remaining before the
                                              22, 2017).                                                                                                    event to publish an NPRM. Thus,
                                                                                                      [Docket No. USCG–2018–0732]                           delaying the effective date of this rule to
                                                 (e) * * *                                            RIN 1625–AA08                                         wait for a comment period to run would
                                                 (1) CBP will provide the following                                                                         be impracticable because it would
                                              notice to the importer of record: ‘‘Claim               Special Local Regulation; Michigan                    inhibit the Coast Guard’s ability to
                                              for refund of any overpayment of                        Championships; Detroit River; Detroit,                protect participants, mariners and
                                              internal revenue tax on this entry must                 MI                                                    vessels from the hazards associated with
                                              be executed and filed with the Director,                                                                      this event.
                                                                                                      AGENCY:    Coast Guard, DHS.                             Under 5 U.S.C. 553(d)(3), the Coast
                                              National Revenue Center, Alcohol and                    ACTION:   Temporary final rule.
                                              Tobacco Tax and Trade Bureau (TTB),                                                                           Guard finds that good cause exists for
                                                                                                                                                            making this rule effective less than 30
                                              in accordance with TTB regulations                      SUMMARY:    The Coast Guard is                        days after publication in the Federal
                                              (Title 27 of the Code of Federal                        establishing a special local regulation               Register. Delaying the effective date of
                                              Regulations).’’ On request of the                       for certain waters of the Detroit River,              this rule would inhibit the Coast
                                              claimant, CBP will issue a statement                    Detroit, MI. This action is necessary to              Guard’s ability to protect participants,
                                              identifying the entry, showing the                      ensure safety of life on navigable waters             mariners and vessels from the hazards
                                              amount of internal revenue tax                          immediately prior to, during, and after               associated with this event.
                                              deposited with respect to each entry for                the swim portion of the Michigan
                                              which a claim on TTB Form 5620.8 is                     Championship Triathlon.                               III. Legal Authority and Need for Rule
                                              to be made, and showing the date of                     DATES: This temporary final rule is                      The Coast Guard is issuing this rule
                                              issuance of the notice of refund of duty.               effective from 7 a.m. until 11 a.m. on                under authority in 33 U.S.C. 1233. The
                                                 (2) The claim must be executed on                    September 2, 2018.                                    Captain of the Port Detroit (COTP) has
                                              TTB Form 5620.8 (Claim—Alcohol,                         ADDRESSES: To view documents                          determined that the likely combination
                                                                                                      mentioned in this preamble as being                   of recreation vessels, commercial
                                              Tobacco, and Firearms Taxes) and must
                                                                                                      available in the docket, go to http://                vessels, and an unknown number of
                                              be filed with the Director, National
                                                                                                      www.regulations.gov, type USCG–2018–                  spectators in close proximity to the
                                              Revenue Center, TTB. The certified                                                                            swim portions of a triathlon along the
                                              statement must be attached to and filed                 0732 in the ‘‘SEARCH’’ box and click
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket                      water pose extra and unusual hazards to
                                              in support of such claim which may                                                                            public safety and property. Therefore,
                                                                                                      Folder on the line associated with this
                                              include refunds under more than one                                                                           the COTP is establishing a special local
                                                                                                      rule.
                                              entry but is limited to refunds under                                                                         regulation around the event location to
                                              entries filed at the same port and the                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                      you have questions on this temporary                  help minimize risks to safety of life and
                                              same internal revenue region. The data                                                                        property during this event.
                                                                                                      rule, call or email Tracy Girard,
                                              to be shown on the claim must be as
                                                                                                      Prevention Department, Sector Detroit,                IV. Discussion of the Rule
                                              prescribed in TTB regulations, with the
                                                                                                      Coast Guard; telephone (313) 568–9564,                   This rule establishes a temporary
                                              exception that any data on the certified
                                                                                                      or email Tracy.M.Girard@uscg.mil.                     special local regulation from 7 a.m. until
                                              statement also required to be shown in
                                                                                                      SUPPLEMENTARY INFORMATION:                            11 a.m. on September 2, 2018. In light
                                              the claim need not be restated in the
                                              claim.                                                  I. Table of Abbreviations                             of the aforementioned hazards, the
                                                                                                                                                            COTP has determined that a special
                                                 (3) The date of allowance of refund or               CFR Code of Federal Regulations                       local regulation is necessary to protect
                                              credit in respect of such tax for the                   DHS Department of Homeland Security                   spectators, vessels, and participants.
                                              purposes of section 6407, Internal                      FR Federal Register
                                                                                                      NPRM Notice of Proposed Rulemaking
                                                                                                                                                            The special local regulation will
                                              Revenue Code of 1986, as amended (26                                                                          encompass the following waterway: All
                                                                                                      § Section
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                                              U.S.C. 6407), will be that date on which                                                                      waters of the Detroit River and Belle Isle
                                                                                                      COTP Captain of the Port
                                              a claim is perfected and the refund is                  U.S.C. United States Code                             Beach between the following two lines:
                                                                                                                                                            The first line is drawn directly across
                                                                                                      II. Background Information and                        the channel from position 42°20.517′ N,
                                                                                                      Regulatory History                                    082°59.159′ W to 42°20.705′ N,
                                                                                                        The Coast Guard is issuing this                     082°59.233′ W (NAD 83); the second
                                                                                                      temporary rule without prior notice and               line, to the north, is drawn directly


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Document Created: 2018-08-16 01:03:19
Document Modified: 2018-08-16 01:03:19
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
ActionInterim regulations; solicitation of comments.
DatesThis interim final rule is effective August 16, 2018; comments must be received by October 15, 2018.
ContactSharolyn J. McCann, Supervisory Program Manager, Office of Trade, U.S. Customs and Border Protection, (571) 468-5478, [email protected]
FR Citation83 FR 40675 
RIN Number1515-AE39
CFR AssociatedAccounting; Claims; Harbors; Reporting and Recordkeeping Requirements and Taxes

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