[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29077-29078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11576]
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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-2013-0040; CBP Dec. 14-06]
RIN 1515-AD93
United States-Panama Trade Promotion Agreement
AGENCY: 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 interim amendments to the
U.S. Customs and Border Protection (CBP) regulations which were
published in the Federal Register on October 23, 2013, as CBP Dec. 13-
17, to implement the preferential tariff treatment and other customs-
related provisions of the United States-Panama Trade Promotion
Agreement.
DATES: Final rule effective June 20, 2014.
FOR FURTHER INFORMATION CONTACT:
Textile Operational Aspects: Diane Liberta, Textile Operations
Branch, Office of International Trade, (202) 863-6241.
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 June 28, 2007, the United States and the Republic of Panama (the
``Parties'') signed the United States-Panama Trade Promotion Agreement
(``PANTPA'' or ``Agreement''). On October 21, 2011, the President
signed into law the United States-Panama Trade Promotion Agreement
Implementation Act (the ``Act''), Public Law 112-43, 125 Stat. 497 (19
U.S.C. 3805 note), which approved and made statutory changes to
implement the PANTPA. On October 29, 2012, the President signed
Proclamation 8894 to implement the PANTPA. The Proclamation, which was
published in the Federal Register on November 5, 2012, (77 FR 66507),
modified the Harmonized Tariff Schedule of the United States
(``HTSUS'') as set forth in Annexes I and II of Publication 4349 of the
U.S. International Trade Commission.
On October 23, 2013, CBP published CBP Dec. 13-17 in the Federal
Register (78 FR 63052) setting forth interim amendments to implement
the preferential tariff treatment and other customs-related provisions
of the PANTPA and the Act. The majority of the PANTPA implementing
regulations set forth in CBP Dec. 13-17 and adopted as final in this
document have been included within Subpart S of Part 10 of the CBP
regulations (19 CFR Part 10). However, in those cases in which PANTPA
implementation is more appropriate in the context of an existing
regulatory provision, the PANTPA regulatory text has been incorporated
into an existing Part within the CBP regulations. CBP Dec. 13-17 also
sets 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 PANTPA implementing regulations.
Please refer to that document for further background information.
Although the interim regulatory amendments were promulgated without
prior public notice and comment procedures and took effect on October
23, 2013, CBP Dec. 13-17 provided for the submission of public comments
which would be considered before adoption of the interim regulations as
a final rule. The prescribed public comment closed on December 23,
2013. CBP received one comment on CBP Dec. 13-17.
Discussion of Comments
One response was received to the solicitation of comments on the
interim rule set forth in CBP Dec. 13-17. The comment is discussed
below.
Comment
One commenter disagreed with the establishment of the PANTPA and
suggested that the trade agreement would cause domestic economic issues
and could cause social problems as well.
CBP Response
The PANTPA Implementation Act was enacted by Congress. The
commenter's concerns regarding the economic and social impact of the
[[Page 29078]]
PANTPA are, accordingly, beyond the scope of this rulemaking which
deals with implementing the preferential tariff treatment and other
customs-related provisions of the Act. Accordingly, it would be
inappropriate for CBP to address the comment.
Conclusion
After further review of the matter, and in light of the one
comment, CBP has determined to adopt as final, with no changes, the
interim rule published in the Federal Register (78 FR 63052) on October
23, 2013.
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. 13-17 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 Sec. 553(a)(1) of the Administrative Procedure Act (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 (OMB) in accordance with the requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) under control number 1651-0117, which
covers many of the free trade agreement requirements that CBP
administers, and 1651-0076, which covers general recordkeeping
requirements. The collections of information in these regulations are
in Sec. Sec. 10.2003, 10.2004, and 10.2007 of title 19 of the Code of
Federal Regulations (19 CFR 10.2003, 10.2004, and 10.2007). This
information is required in connection with general recordkeeping
requirements (Sec. 10.2007), as well as claims for preferential tariff
treatment under the PANTPA and the Act and will be used by CBP to
determine eligibility for tariff preference under the PANTPA 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 500 hours. 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 the Treasury, 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, 90 K Street NE., 10th Floor, Washington, DC
20229-1177. Under the Paperwork Reduction Act, an agency may not
conduct or sponsor and a person is not required to respond to a
collection of information, unless it displays a valid OMB control
number.
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 78 FR 63052 on October 23, 2013, is adopted as a
final rule.
R. Gil Kerlikowske,
Commissioner.
Approved: May 14, 2014.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2014-11576 Filed 5-20-14; 8:45 am]
BILLING CODE 9111-14-P