[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64031-64032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25668]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10, 24, 162, 163, and 178

[USCBP-2011-0043; CBP Dec. 12-18]
RIN 1515-AD79


United States-Peru Trade Promotion Agreement

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

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, with one change, interim 
amendments to the U.S. Customs and Border Protection (CBP) regulations 
which were published in the Federal Register on November 3, 2011, as 
CBP Dec. 11-22, to implement the preferential tariff treatment and 
other customs-related provisions of the United States-Peru Trade 
Promotion Agreement.

DATES: Final rule effective November 19, 2012.

FOR FURTHER INFORMATION CONTACT:
    Textile Operational Aspects: Nancy Mondich, Trade Policy and 
Programs, Office of International Trade, (202) 863-6524.
    Other Operational Aspects: Katrina Chang, Trade Policy and 
Programs, Office of International Trade, (202) 863-6532.
    Legal Aspects: Karen Greene, Regulations and Rulings, Office of 
International Trade, (202) 325-0041.

SUPPLEMENTARY INFORMATION: 

Background

    On November 3, 2011, CBP published CBP Dec. 11-22 in the Federal 
Register (76 FR 68067) setting forth interim amendments to implement 
the preferential tariff treatment and other customs-related provisions 
of the United States-Peru Trade Promotion Agreement (PTPA). Please 
refer to that document for further background information. In order to 
provide transparency and facilitate their use, the majority of the PTPA 
implementing regulations set forth in that interim rule and adopted as 
final in this document have been included within Subpart Q in Part 10 
of the CBP regulations (19 CFR Part 10). However, in those cases in 
which PTPA implementation is more appropriate in the context of an 
existing regulatory provision, the PTPA regulatory text has been 
incorporated in an existing Part within the CBP regulations. CBP Dec. 
11-22 also set forth a number of cross-references and other 
consequential changes to existing regulatory provisions to clarify the 
relationship between those existing provisions and the new PTPA 
implementing regulations.
    Although the interim regulatory amendments were promulgated without 
prior public notice and comment procedures and took effect on November 
3, 2011, CBP Dec. 11-22 provided for the submission of public comments 
which would be considered before adoption of the interim regulations as 
a final rule, and the prescribed public comment closed on January 3, 
2012. CBP received no comments.

Conclusion

    After further review of the matter, and in light of the fact that 
no comments were submitted in response to CBP's solicitation of public 
comment, CBP has determined to adopt as final, with a technical 
correction, the interim rule published in the Federal Register (76 FR 
68067) on November 3, 2011. The technical correction is made to Sec.  
10.918(c)(1)(ii) to reflect amendments to additional U.S. Note 4(d) to 
subchapter XXI of chapter 98 of the Harmonized Tariff Schedule of the 
United States (HTSUS) effected by Presidential Proclamation 8240 of 
April 17, 2008, whereby the tariff numbers of subheading 
``5402.19.30,'' and subheading ``5402.19.60'' were added. As CBP Dec. 
11-22 inadvertently omitted inclusion of these two tariff numbers 
within 19 CFR 10.918(c)(1)(ii),

[[Page 64032]]

the technical correction is necessary to conform the CBP regulations to 
the current version of the HTSUS.

Executive Order 12866

    This document is not a regulation subject to the provisions of 
Executive Order 12866 of September 30, 1993 (58 FR 51735, October 
1993), because it pertains to a foreign affairs function of the United 
States and implements an international agreement, as described above, 
and therefore is specifically exempted by section 3(d)(2) of Executive 
Order 12866.

Regulatory Flexibility Act

    CBP Dec. 11-22 was issued as an interim rule rather than a notice 
of proposed rulemaking because CBP had determined that the interim 
regulations involve a foreign affairs function of the United States 
pursuant to section 553(a)(1) of the APA. Because no notice of proposed 
rulemaking was required, the provisions of the Regulatory Flexibility 
Act, as amended (5 U.S.C. 601 et seq.), do not apply. Accordingly, this 
final rule is not subject to the regulatory analysis requirements or 
other requirements of 5 U.S.C. 603 and 604.

Paperwork Reduction Act

    The collections of information contained in these regulations have 
previously been reviewed and approved by the Office of Management and 
Budget in accordance with the requirements of the Paperwork Reduction 
Act (44 U.S.C. 3507) under control number 1651-0117. The collections of 
information in these regulations are in Sec. Sec.  10.903 and 10.904. 
This information is required in connection with claims for preferential 
tariff treatment under the PTPA and the Act and will be used by CBP to 
determine eligibility for tariff preference under the PTPA and the Act. 
The likely respondents are business organizations including importers, 
exporters and manufacturers.
    The estimated average annual burden associated with the collection 
of information in this final rule is 0.2 hours per respondent or 
recordkeeper. Comments concerning the accuracy of this burden estimate 
and suggestions for reducing this burden should be directed to the 
Office of Management and Budget, Attention: Desk Officer for the 
Department of Homeland Security, Office of Information and Regulatory 
Affairs, Washington, DC 20503. A copy should also be sent to the Trade 
and Commercial Regulations Branch, Regulations and Rulings, Office of 
International Trade, U.S. Customs and Border Protection, 799 9th Street 
NW., 5th Floor, Washington, DC 20229-1179. Under the Paperwork 
Reduction Act, an agency may not conduct or sponsor, and an individual 
is not required to respond to, a collection of information unless it 
displays a valid OMB control number.

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 CBP revenue functions.

List of Subjects

19 CFR Part 10

    Alterations, Bonds, Customs duties and inspection, Exports, 
Imports, Preference programs, Repairs, Reporting and recordkeeping 
requirements, Trade agreements.

19 CFR Part 24

    Accounting, Customs duties and inspection, Financial and accounting 
procedures, Reporting and recordkeeping requirements, Trade agreements, 
User fees.

19 CFR Part 162

    Administrative practice and procedure, Customs duties and 
inspection, Penalties, Trade agreements.

19 CFR Part 163

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

19 CFR Part 178

    Administrative practice and procedure, Exports, Imports, Reporting 
and recordkeeping requirements.

Amendments to the CBP Regulations

    Accordingly, the interim rule amending Parts 10, 24, 162, 163, and 
178 of the CBP regulations (19 CFR Parts 10, 24, 162, 163, and 178), 
which was published at 76 FR 68067 on November 3, 2011, is adopted as a 
final rule with one change as discussed above and set forth below.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
1. The general authority citation for Part 10 and the specific 
authority for new Subpart Q continue to read as follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 
1623, 1624, 3314;
* * * * *
    Sections 10.901 through 10.934 also issued under 19 U.S.C. 1202 
(General Note 32, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 110-138, 
121 Stat. 1455 (19 U.S.C. 3805 note).


Sec.  10.918  [Amended]

0
2. In Sec.  10.918, paragraph (c)(1)(ii) is amended by adding, in 
numerical order, a reference to ``5402.19.30, 5402.19.60,''.

David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: October 15, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-25668 Filed 10-17-12; 8:45 am]
BILLING CODE 9111-14-P