[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92978-93027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29719]



[[Page 92977]]

Vol. 81

Tuesday,

No. 244

December 20, 2016

Part II





Department of Homeland Security





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U.S. Customs and Border Protection





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19 CFR Parts 4, 7, 10, 11, et al.





Regulatory Implementation of the Centers of Excellence and Expertise; 
Interim Final Rule

Federal Register / Vol. 81 , No. 244 / Tuesday, December 20, 2016 / 
Rules and Regulations

[[Page 92978]]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Parts 4, 7, 10, 11, 12, 24, 54, 101, 102, 103, 113, 132, 
133, 134, 141, 142, 143, 144, 145, 146, 147, 151, 152, 158, 159, 
161-163, 173, 174, 176 and 181

[USCBP-2016-0075; CBP Dec. No. 16-26]
RIN 1651-AB02


Regulatory Implementation of the Centers of Excellence and 
Expertise

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Interim final rule.

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SUMMARY: In 2012, U.S. Customs and Border Protection (CBP) developed a 
test to incrementally transition the operational trade functions that 
traditionally reside with port directors to the Centers of Excellence 
and Expertise (Centers). The purpose of the test was to broaden the 
ability of the Centers to make decisions by waiving certain identified 
regulations to the extent necessary to provide the Center directors, 
who manage the Centers, with the authority to make the decisions 
normally reserved for the port directors. At this time, CBP is prepared 
to end the test and establish the Centers as a permanent organizational 
component of the agency and to transition certain additional trade 
functions to the Centers. This rule amends the CBP regulations on an 
interim basis to implement this organizational change by: Defining the 
Centers and the Center directors; amending the definition for port 
directors to distinguish their functions from those of the Center 
directors; identifying the Center management offices; explaining the 
process by which importers will be assigned to Centers; providing the 
importer with an appeals process for its Center assignment; identifying 
the regulatory functions that will be transitioned from the port 
directors to the Center directors and those that will be jointly 
carried out by the port directors and the Center directors; and 
providing clarification in applicable regulations that payments and 
documents may continue to be submitted at the ports of entry or 
electronically.

DATES: Effective date: This interim rule is effective January 19, 2017.
    Comment date: Written comments must be submitted on or before 
January 19, 2017.

ADDRESSES: You may submit comments identified by docket number, by one 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2016-0075.
     Mail: Regulations and Rulings, Office of Trade, U.S. 
Customs and Border Protection, Attention: Trade and Commercial 
Regulations Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-
1177.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. 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 this rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read comments received, go to 
http://www.regulations.gov. Submitted comments may also be inspected on 
regular business days between the hours of 9 a.m. and 4:30 p.m. at 
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: Lori Whitehurst, CBP Office of Field 
Operations by telephone (202) 344-2536 or by email, 
[email protected]; or Susan S. Thomas, CBP Office of Field 
Operations by telephone (202) 344-2511 or by email, 
[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 this 
interim final rule. U.S. Customs and Border Protection (CBP) also 
invites comments that relate to the economic, environmental, or 
federalism effects that might result from this regulatory change. 
Comments that will provide the most assistance to CBP will reference a 
specific portion of the rule, explain the reason for any recommended 
change, and include data, information or authority that support such 
recommended change. Written comments must be submitted on or before 
January 19, 2017. CBP will consider those comments and make any changes 
appropriate after consideration of those comments.

Background

Table of Contents

I. Purpose and History of the Centers of Excellence and Expertise 
(Centers)
    A. Purpose of the Centers
    B. History of the Centers
II. Finalization of the Centers of Excellence and Expertise Test
    A. Purpose of the Centers
    B. Definition for Center Director
    C. Revised Definition for Port and Port of Entry
    D. Definition for Port Director
    E. Designation of Center Management Offices
    F. Assignment of Importers to the Centers
    G. Appeal of Center Assignment
    H. Transitioning of Trade Functions to the Centers
    I. Scope of Industries Covered by Each Center
    1. Agriculture & Prepared Products Center
    2. Apparel, Footwear & Textiles Center
    3. Automotive & Aerospace Center
    4. Base Metals Center
    5. Consumer Products & Mass Merchandising Center
    6. Electronics Center
    7. Industrial & Manufacturing Materials Center
    8. Machinery Center
    9. Petroleum, Natural Gas & Minerals Center
    10. Pharmaceuticals, Health & Chemicals Center
III. Explanation of Amendments
    A. Part 4--Vessels in Foreign and Domestic Trades
    B. Part 7--Customs Relations With Insular Possessions and 
Guantanamo Bay Naval Station
    C. Part 10--Articles Conditionally Free, Subject to a Reduced 
Rate, etc.
    D. Part 11--Packing and Stamping; Marking
    E. Part 12--Special Classes of Merchandise
    F. Part 24--Customs Financial and Accounting Procedure
    G. Part 54--Certain Importations Temporarily Free of Duty
    H. Part 101--General Provisions
    I. Part 102--Rules of Origin
    J. Part 103--Availability of Information
    K. Part 113--Customs Bonds
    L. Part 132--Quotas
    M. Part 133--Trademarks, Trade Names, and Copyrights
    N. Part 134--Country of Origin Marking
    O. Part 141--Entry of Merchandise
    P. Part 142--Entry Process
    Q. Part 143--Special Entry Procedures
    R. Part 144--Warehouse and Rewarehouse Entries and Withdrawals
    S. Part 145--Mail Importations
    T. Part 146--Foreign Trade Zones
    U. Part 147--Trade Fairs
    V. Part 151--Examination, Sampling, and Testing of Merchandise
    W. Part 152--Classification and Appraisement of Merchandise

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    X. Part 158--Relief from Duties on Merchandise Lost, Damaged, 
Abandoned, or Exported
    Y. Part 159--Liquidation of Duties
    Z. Part 161--General Enforcement Provisions
    AA. Part 162--Inspection, Search, and Seizure
    BB. Part 163--Recordkeeping
    CC. Part 173--Administrative Review in General
    DD. Part 174--Protests
    EE. Part 176--Proceedings in the Court of International Trade
    FF. Part 181--North American Free Trade Agreement
IV. Statutory and Regulatory Requirements
    A. Executive Order 13563 (Improving Regulation and Regulatory 
Review) and Executive Order 12866 (Regulatory Planning and Review)
    1. Purpose of the Rule
    2. Costs and Benefits of Rule
    a. Costs
    b. Benefits
    c. Net Impact of Rule
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
V. Administrative Procedure Act
VI. Signing Authority
    List of Subjects
    Amendments to the Regulations

I. Purpose and History of the Centers of Excellence and Expertise 
(Centers)

A. Purpose of the Centers

    U.S. Customs and Border Protection (CBP) established ten Centers of 
Excellence and Expertise (Centers) managed from strategic locations 
around the country to focus CBP's trade expertise on industry-specific 
issues and provide tailored support for importers. The concept of the 
Centers arose in response to claims that CBP's port-by-port trade 
processing authority sometimes resulted in similar goods entered at 
different ports of entry receiving disparate processing treatment 
causing trade disruptions, increased transaction costs, and information 
lapses for both CBP and the importer. CBP established the Centers to 
facilitate trade, reduce transaction costs, increase compliance with 
applicable import laws, and achieve uniformity of treatment at the 
ports of entry for the identified industries. CBP believes that 
providing broad decision-making authority to the Centers will better 
enable the Centers to achieve these goals for CBP and the trade.

B. History of the Centers

    The concept of Centers was developed as a result of discussions 
with the Advisory Committee on Commercial Operations of U.S. Customs 
and Border Protection (COAC), which promoted the management by account 
framework. The COAC is an advisory committee established in accordance 
with the provisions of the Federal Advisory Committee Act (FACA), 5 
U.S.C. App. 2. COAC provides advice and makesrecommendations to the 
Commissioner of CBP, the Secretary of the Department of Homeland 
Security, and the Secretary of the Treasury on all matters involving 
the commercial operations of CBP and related U.S. Department of 
Homeland Security (DHS) and Treasury functions. CBP has continually 
consulted COAC throughout the development of the Centers.
    In October 2011, CBP established the first two Centers: The 
Electronics Center managed from Long Beach, California; and the 
Pharmaceuticals Center (later renamed the Pharmaceuticals, Health & 
Chemicals Center) managed from New York City, New York.
    On May 10, 2012, the Acting Commissioner of CBP announced at the 
West Coast Trade Symposium two new Centers: The Automotive & Aerospace 
Center managed from Detroit, Michigan, and the Petroleum, Natural Gas & 
Minerals Center managed from Houston, Texas.
    On August 28, 2012, CBP published a General Notice in the Federal 
Register (77 FR 52048) announcing a test broadening the ability of the 
Centers to make decisions by waiving certain identified regulations 
under title 19 of the Code of Federal Regulations (19 CFR) to provide 
the Center directors with the authority to make the decisions normally 
reserved for the port directors. The notice provided centralized 
decision-making authority to the following Centers: Electronics; 
Pharmaceuticals, Health & Chemicals; Automotive & Aerospace; and 
Petroleum, Natural Gas & Minerals. The notice invited all businesses 
that met the eligibility criteria set forth in the notice to apply, 
including, but not limited to Customs-Trade Partnership Against 
Terrorism (C-TPAT) and Importer Self Assessment (ISA) program members.
    On November 27, 2012, the Deputy Commissioner of CBP announced at 
the East Coast Trade Symposium six new Centers: The Agriculture & 
Prepared Products managed from Miami, Florida; the Apparel, Footwear & 
Textiles managed from San Francisco, California; the Base Metals 
managed from Chicago, Illinois; the Consumer Products & Mass 
Merchandising managed from Atlanta, Georgia; the Industrial & 
Manufacturing Materials managed from Buffalo, New York; and the 
Machinery managed from Laredo, Texas.
    On April 4, 2013, CBP published a General Notice in the Federal 
Register (78 FR 20345) to announce the six new Centers and list the 
additional regulations that would be waived for test participants.
    On March 10, 2014, CBP published a General Notice in the Federal 
Register (79 FR 13322) to modify the existing test by changing the 
scope of coverage for some of the Centers and the types of entries that 
would be processed by the Centers, waiving an additional regulation for 
Center test participants, and clarifying the submission process for 
responses to Requests for Information and Notices of Action.
    Since their establishment in October 2011, the Centers have been 
staffed with CBP employees who facilitate trade by providing account 
management for members in the identified industries, engaging in risk 
segmentation, and by strengthening trade outreach.
    Under the test, the Centers have had the ability to review entries 
and the Center directors, who are tasked with leading the Centers, have 
had decision-making authority for the functions identified by 
regulation in the test notices, which, for the most part, dealt with 
the post-release environment. Under the test, the Center directors have 
also had the ability to make recommendations to the port directors 
concerning decisions that were retained by the port directors 
notwithstanding the test.
    On September 11, 2014, Commissioner R. Gil Kerlikowske signed 
Delegation Order number 14-004, which delegated to the Center directors 
all functions, authorities, rights, privileges, powers, and duties 
vested in port directors by law, regulation, or otherwise. The 
delegation enabled these functions, authorities, rights, privileges, 
powers, and duties to be exercised concurrently by port directors and 
Center directors. CBP began implementing the delegation order on 
January 28, 2015, for the Electronics Center, the Pharmaceutical, 
Health & Chemicals Center, and the Petroleum, Natural Gas & Minerals 
Center.

II. Finalization of the Centers of Excellence and Expertise Test

    During the Centers' test period, CBP incrementally transitioned to 
the Center directors some of the trade functions that traditionally 
reside with the port directors, such as determinations, notifications, 
and processing concerning duty refund claims based on 19 U.S.C. 1520(d) 
and issuance of all Requests for Information (CBP Form 28). As 
explained in the Executive Order 13563 and Executive Order 12866 
section below, the Centers met their trade enhancement goals and the 
test was a success. Moreover, section 110 of the

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Trade Facilitation and Trade Enforcement Act of 2015 (Pub. L. 114-125, 
130 Stat. 122, February 24, 2016) required that the Centers of 
Excellence and Expertise be developed and implemented. Therefore, at 
this time, CBP is prepared to end the Centers' test and establish the 
Centers as a permanent organizational component of the agency and to 
transition certain additional trade functions to the Centers, such as 
the processing of quota entry summaries (see 19 CFR part 132) and 
determining whether to provide importers with a reasonable opportunity 
to label products (see 19 CFR part 11). To accomplish this goal, CBP is 
realigning and shifting certain staff positions from the port director 
chain of command to the Center director chain of command. The staff 
that is handling the trade functions under the port director will 
continue to handle those same functions under the Center directors, but 
they will be reallocated by industry specialization and will report to 
one of the ten Centers. The staff who will report to the Centers 
includes: Import Specialists, Entry Specialists, and Liquidation 
Specialists. As explained in the Executive Order 13563 and Executive 
Order 12866 section below, this realignment is virtual, in that Center 
personnel will remain at their current location, primarily at ports of 
entry, to stay accessible to the trade community and to continue to 
assist with enforcement and compliance issues that arise. The staff who 
will continue to report to the port directors includes: CBP Officers, 
Agriculture Specialists, FPF Officers, and Seized Property Specialists.
    CBP notes that certain authorities and responsibilities that were 
provided to the Center directors by waiving certain regulatory sections 
in the test notices will not be transitioned to the Centers under the 
regulations. CBP has made the decision to maintain the current 
regulatory authorities for: The control, movement, examination and 
release of cargo; export; drawback; and Fines, Penalties & Forfeitures. 
The sections that will not be transitioned to the Centers under the 
regulations that were transitioned in the test notices are listed here 
along with parenthetical explanations: Sec.  10.66 (exportation of 
goods); Sec.  10.67 (exportation of goods); Sec.  12.3 (condition of 
release); Sec.  12.73(k) (detention of motor vehicle); Sec.  12.80 
(condition of release); Sec.  134.3(b)(2) (location of examination); 
Sec.  141.58(c) (request to ship merchandise separately); Sec.  142.13 
(condition of release); Sec.  144.34(a) (physical transport of goods 
from warehouse); Sec.  141.57 (incremental release of split shipments); 
Sec.  146.63 (Foreign Trade Zone release); Sec.  162.79b (involves 
Fines, Penalties & Forfeitures officers); Sec.  181.13 (involves Fines, 
Penalties & Forfeitures officers); and Sec.  191.61 (drawback).
    This document also amends certain regulations to jointly authorize 
the port directors and Center directors to implement certain functions, 
such as the authority to accept certain documentation (see, e.g., 19 
CFR 10.41a(e)) and collect payments (see, e.g., 19 CFR 24.2). The 
reason for providing joint authority to the port directors and Center 
directors is to ensure that the trade mission and security mission are 
met regardless of the hour of operation for either of the personnel. 
CBP believes that providing broad decision-making authority to the 
Centers will better enable the Centers to facilitate trade, reduce 
transaction costs, increase compliance with applicable import laws, and 
achieve uniformity of treatment at the ports of entry for the 
identified industries. As such, this document amends the CBP 
regulations on an interim basis to more fully implement the Centers by: 
Defining the Centers and the Center directors; amending the definition 
for port directors to distinguish their functions from those of the 
Center directors; identifying the Center management offices; explaining 
the process by which importers will be assigned to Centers; providing 
the importer with an appeals process for its Center assignment; 
identifying the regulatory functions that will be transitioned from the 
port directors to the Center directors and those that will be jointly 
carried out by the port directors and the Center directors; and 
providing clarification in applicable regulations that payments and 
documents may continue to be submitted at the ports of entry or 
electronically.
    This document also provides a list of industries that will be 
covered by each of the Centers.

A. Definition for the Centers

    This document amends Sec.  101.1 of title 19 of the regulations (19 
CFR 101.1) to define the Centers of Excellence and Expertise as 
national CBP offices that are responsible for performing certain trade 
functions and making certain determinations as set forth in this title, 
regarding importations of merchandise by their assigned importers, 
regardless of the ports of entry at which the importations occur. The 
Centers are organized by industry sectors, which are categorized by the 
Harmonized Tariff Schedule of the United States (HTSUS) numbers. The 
list of HTSUS numbers is published in this document and any change made 
to that list will be announced in a subsequent Federal Register 
document.

B. Definition for Center Director

    This document amends Sec.  101.1 of title 19 of the regulations (19 
CFR 101.1) to define the term ``Center director'' as the person who 
manages their designated Center and is responsible for certain trade 
decisions and functions concerning that Center and the importers that 
are processed by that Center.

C. Revised Definition for Port and Port of Entry

    This document amends Sec.  101.1 by revising the definition of 
``Port'' and ``Port of Entry'' by updating the term ``Customs'' to 
``U.S. Customs and Border Protection (CBP)'' or ``customs'', as 
applicable, to reflect the nomenclature changes made necessary by the 
transfer of the legacy U.S. Customs Service of the Department of the 
Treasury to the Department of Homeland Security (DHS) and DHS' 
subsequent renaming of the component as U.S. Customs and Border 
Protection on March 31, 2007 (see 72 FR 20131, dated April 23, 2007).

D. Definition for Port Director

    This document amends Sec.  101.1 to add a definition of ``Port 
director'' that is consistent with the description currently found in 
the definition for ``port'' and ``port of entry'' but also 
distinguishes the port directors responsibilities from those of the 
Center director. The new definition for ``Port director'' is the person 
who has jurisdiction within the geographical boundaries of their port 
of entry unless the regulations provide that particular trade functions 
or determinations are exclusively within the purview of a Center 
Director or other CBP personnel.

E. Designation of Center Management Offices

    This document creates a new Sec.  101.10 in title 19 of the 
regulations (19 CFR 101.10) to provide a list of the existing Centers 
and their management offices. The Center management offices will 
continue to be located in the cities that were designated in the 
published test notices noted above. The Centers and the cities wherein 
each management office is located is as follows: Agriculture & Prepared 
Products, Miami, Florida; Apparel, Footwear & Textiles, San Francisco, 
California; Automotive & Aerospace, Detroit, Michigan; Base Metals, 
Chicago, Illinois; Consumer Products and Mass Merchandising, Atlanta, 
Georgia;

[[Page 92981]]

Electronics, Long Beach, California; Industrial & Manufacturing 
Materials, Buffalo, New York; Machinery, Laredo, Texas; Petroleum, 
Natural Gas & Minerals, Houston, Texas; Pharmaceuticals, Health & 
Chemicals, New York City, New York.

F. Assignment of Importers to the Centers

    Generally, each importer will be assigned to an industry-category 
administered by a specific Center based on the tariff classification in 
the HTSUS of the predominant number of goods imported. The list of 
HTSUS numbers that will be used by CBP for the importer's placement in 
a Center is the same list of HTSUS numbers that are referenced in the 
definition for Centers (see Sec.  101.1). Factors that may cause CBP to 
place an importer in a Center not based on the tariff classification of 
the predominant number of goods imported include the importer's 
associated business practices within an industry, the intended use of 
the predominant number of goods imported, or the high relative value of 
goods imported. Brokers acting as the IOR will have their entry summary 
processed by the Center relating to the predominant HTSUS number for 
the entry summary since brokers' business models do not necessarily 
align within a particular industry sector.

G. Appeal of Center Assignment

    All importers may appeal the Center assignment at any time by 
submitting a written appeal, with a subject line identifier reading 
``Appeal Regarding Center Assignment'', to U.S. Customs and Border 
Protection, Office of Field Operations, Executive Director, Cargo and 
Conveyance Security (CCS) Division, 1300 Pennsylvania Ave. NW., Suite 
2.3D, Washington, DC 20229-1015 or by email to [email protected]. Appeals 
must include the following information: (1) Current Center assignment;
    (2) Preferred Center assignment; (3) All affected Importer of 
Record (IOR) numbers and associated bond numbers; and (4) Written 
justification for the change in Center assignments; and (5) Import 
data, as follows:
    (i) For new importers. Projected importations at the four (4) digit 
HTSUS heading level during the current year; or
    (ii) For importers with less than one year of prior import history. 
Projected importations and prior import data with entry summary lines 
and value at the four (4) digit HTSUS heading level; or
    (iii) For importers with more than one year of prior import 
history. One year of prior import data with entry summary lines and 
value at the four (4) digit HTSUS heading level.

H. Transitioning of Trade Functions to the Centers

    This document amends certain regulations to transition to the 
Center directors a variety of post-release trade functions that are 
currently handled by the port directors, including decisions and 
processing related to entry summaries; decisions and processing related 
to all types of protests; suspension and extension of liquidations; 
decisions and processing concerning free trade agreements and duty 
preference programs; decisions concerning warehouse withdrawals wherein 
the goods are entered into the commerce of the United States; all 
functions and decisions concerning country of origin marking issues; 
functions concerning informal entries; and classification and 
appraisement of merchandise, including valuation of merchandise.
    This document also amends some regulations to identify the 
circumstances where the port directors and the Center directors will 
have joint authority. For example, Sec.  141.56(a) is amended to note 
that CBP may accept, either at the port of entry or electronically, one 
entry summary for consumption or for warehouse for merchandise covered 
by multiple entries for immediate transportation, subject to the 
requirements of Sec.  142.17(a), provided the merchandise covered by 
each immediate transportation entry is released at the port of 
destination under a separate entry, in accordance with Sec.  142.3. The 
reference to ``port directors'' is being removed and replaced with 
``CBP'' because the authority to accept the entry summary will continue 
to reside with the personnel working for the port directors and will 
also be extended to the personnel working for the Center directors. 
Importers will continue to have the ability to submit the documentation 
at the port or electronically and this ability is merely being 
reflected in the regulation. In this example, if the entry summary were 
submitted electronically to CBP, it would be internally routed to the 
appropriate Center. As a second example, the port director and Center 
director personnel will have joint authority for all functions 
involving sampling and redelivery requests (see, e.g., 19 CFR 
132.14(a)(4)(i)(A)). CBP notes that while the redelivery notices may be 
sent out by either personnel working for the port director or the 
Center director, the resolution of marking issues will be the sole 
authority of the Center directors.
    This document also amends the regulations to provide that port 
directors and the Center directors will have joint authority to collect 
payments. These amendments do not affect the public's responsibility to 
continue to submit payments using the same methods of payment that are 
prescribed in the regulations today; they merely extend the authority 
to accept payments to Center directors as well (see e.g., 19 CFR 
10.49(d) and 24.2). For example, Sec.  24.2 is amended in this document 
to include a reference to Center directors as persons authorized to 
receive customs collections. The revised text would read as follows: 
``Center directors, port directors, CBP cashiers, CBP officers, CBP 
dock tellers, and such other officers and employees as the Center 
director or port director will designate will receive Customs 
collections.''
    Any functions that are not identified in this package as being 
transferred to the Centers will remain with the parties who are 
currently engaging in those activities, as per the regulations. While 
the language in Sec.  4.14 of the regulations need not be amended to 
show that the function is being transitioned to the Center directors, 
CBP notes that the Vessel Repair Units (VRUs) will no longer report to 
the port directors and will instead report to the Automotive & 
Aerospace Center.
    The responsibilities of the public remain unchanged after the 
amendments are implemented. Importers of record may continue to file 
entry documentation where the importer's merchandise is entered. 
Importers and brokers who file electronically through the Automated 
Broker Interface (ABI) will continue to use CBP's authorized electronic 
data interchange system to submit required import data with CBP. Paper 
filings at the ports of entry will remain unchanged. Importers and 
brokers who file paper entries may continue to file at the port of 
entry where the paper documents will be processed, reviewed, and 
accepted by CBP, which may be personnel working for either the Center 
director or the port director. When necessary, CBP will internally 
route the data to the appropriate Center for review and processing. As 
per usual, CBP will continue its process of contacting the filer if 
there are any problems and will notify the filer of the appropriate 
person at CBP to contact if a response is necessary.
    Any decisions or requests for information or samples that were made 
by the port director prior to the publication of this document will

[[Page 92982]]

remain valid and effective. Any protest that was filed with a port 
director prior to the effective date of this document, will be 
transferred to the relevant Center director to make a decision on the 
protest. When applicable, this document amends certain regulations to 
provide that determinations made by the port directors or Center 
directors before the effective date of this document are valid to the 
same extent as determinations made by a Center director after the 
effective date of this document. Similarly, when applicable, this 
document amends certain regulations to note that submission of 
information to the port directors or Center directors before the 
effective date of this document is valid to the same extent as 
submission of information made to a Center director after the effective 
date of this document. Center directors may have made determinations or 
accepted documents prior to the effective date of this document 
pursuant to the Center test or the Delegation Order described in 
section I.B. of the Background section of this document.

I. Scope of Industries Covered by Each Center

    The test notices defined the types of merchandise for which each 
Center is responsible by identifying the Harmonized Tariff Schedule of 
the United States (HTSUS) headings for which each Center is 
responsible. CBP will continue to define the scope of industries 
covered by each Center by the HTSUS heading that will be handled by 
each Center. The scope of industries covered by each Center has been 
defined as noted below.
    If changes are made to the scope of coverage for any of the 
Centers, CBP will announce the change in the Federal Register.
1. Agriculture & Prepared Products Center
    For inclusion in the Agriculture & Prepared Products Center, 
importers must be part of the agriculture, aquaculture, animal 
products, vegetable products, prepared food, beverage, alcohol, tobacco 
or similar industries based on the tariff classification in the HTSUS 
of the predominant number of goods imported. For purposes of assigning 
an importer to this Center, CBP considers the term ``agriculture and 
prepared products'' to consist of merchandise classified under Chapters 
1 through 24 of the HTSUS.
2. Apparel, Footwear & Textiles Center
    For inclusion in the Apparel, Footwear & Textiles Center, importers 
must be part of the wearing apparel, footwear, textile mill, textile 
mill products, or similar industries based on the tariff classification 
in the HTSUS of the predominant number of goods imported. For purposes 
of assigning an importer to this Center, CBP considers the term 
``apparel, footwear, and textiles'' to consist of merchandise 
classified under headings 4015, 4203, 4303, 4304, 5001 through 5007, 
5101 through 5113, 5201 through 5212, 5301, 5302, 5303, 5305 through 
5311, 5401 through 5408, 5501 through 5516, 5601 through 5609, 5701 
through 5705, 5801 through 5811, 5901 through 5911, 6001 through 6006, 
6101 through 6117, 6201 through 6217, 6301 through 6310, 6401 through 
6406, 6501, 6502, 6504, 6505 6506, and 6507 of the HTSUS.
3. Automotive & Aerospace Center
    For inclusion in the Automotive & Aerospace Center, importers must 
be part of the automotive, aerospace, or other transportation equipment 
and related parts industries based on the tariff classification in the 
HTSUS of the predominant number of goods imported. For purposes of 
assigning an importer to this Center, CBP considers the term 
``automotive'' to consist of merchandise classified under headings 8701 
through 8711, 8713, 8714, and 8716, HTSUS. For purposes of assigning an 
importer to this Center, CBP considers the term ``aerospace'' to 
consist of merchandise classified under headings 8801 through 8805, 
HTSUS. For purposes of assigning an importer to this Center, CBP 
considers the term ``other transportation equipment and related parts'' 
to consist of merchandise classified under headings 4011 through 4013, 
8406 through 8412, 8511, 8512, 8601 through 8609, 8901 through 8908, 
HTSUS.
4. Base Metals Center
    For inclusion in the Base Metals Center, importers must be part of 
the steel, steel mill products, ferrous and nonferrous metal, or 
similar industries based on the tariff classification in the HTSUS of 
the predominant number of goods imported. For purposes of assigning an 
importer to this Center, CBP considers the term ``base metals'' to 
consist of merchandise classified under headings 7201 through 7308, 
7312 through 7318, 7320, 7322, 7324 through 7413, 7415, 7419 through 
7614, 7616 through 8113, and 8307 through 8311 of the HTSUS.
5. Consumer Products & Mass Merchandising Center
    For inclusion in the Consumer Products and Mass Merchandising 
Center, importers must be part of the household goods, consumer 
products, or similar industries, and or mass merchandisers of products 
typically sold for home use based on the tariff classification in the 
HTSUS of the predominant number of goods imported. For purposes of 
assigning an importer to this Center, CBP considers the term ``consumer 
products and mass merchandising'' to consist of merchandise classified 
under headings 3303 through 3307, 3401, 3406, 3605, 3924, 3926, 4201, 
4202, 4205, 4206, 4414, 4419, 4420, 4421, 4602, 4803, 4817, 4818, 4820, 
4901 through 4911, 6601 through 6603, 6701 through 6704, 6911 through 
6913, 7113 through 7118, 7319, 7321, 7323, 7418, 7615, 8210 through 
8215, 8301, 8303 through 8306, 8469, 8470, 8508, 8509, 8510, 8513, 
8516, 8539, 8712, 8715, 9001 through 9006, 9013, 9101 through 9114, 
9201, 9202, 9205 through 9209, 9401, 9403 through 9405, 9503 through 
9508, 9601 through 9619, and 9701 through 9706 of the HTSUS.
6. Electronics Center
    For inclusion in the Electronics Center, importers must be part of 
the electronics industry based on the tariff classification in the 
HTSUS of the predominant number of goods imported. For purposes of 
assigning an importer to this Center, CBP considers the term 
``electronics'' to consist of merchandise classified under headings 
3818, 8471, 8473, 8501 through 8504, 8517 through 8538, and 8540 
through 8548 of the HTSUS.
7. Industrial & Manufacturing Materials Center
    For inclusion in the Industrial & Manufacturing Materials Center, 
importers must be part of the plastics, polymers, rubber, leather, 
wood, paper, stone, glass, precious stones or precious metals, or 
similar industries based on the tariff classification in the HTSUS of 
the predominant number of goods imported. For purposes of assigning an 
importer to this Center, CBP considers the term ``industrial and 
manufacturing materials'' to consist of merchandise classified under 
headings 2501 through 2530, 3901 through 3923, 3925, 4001 through 4010, 
4016 through 4115, 4301, 4302, 4401 through 4413, 4415 through 4418, 
4501 through 4601, 4701 through 4802, 4804 through 4814, 4816, 4819, 
4821, 4822, 4823, 6801 through 6910, 6914 through 7011, 7013, 7014 
through 7112, 7309 through 7311, and 9406 of the HTSUS.
8. Machinery Center
    For inclusion in the Machinery Center, importers must be part of 
the tools, machine tools, production

[[Page 92983]]

equipment, instruments, or similar industries based on the tariff 
classification in the HTSUS of the predominant number of goods 
imported. For purposes of assigning an importer to this Center, CBP 
considers the term ``machinery'' to consist of merchandise classified 
under headings 8201 through 8209, 8302, 8401 through 8405, 8413 through 
8468, 8472, 8474 through 8484, 8486, 8487, 8505 through 8507, 8514, 
8515, 9007, 9008, 9010, 9011, 9012, 9014 through 9017, 9020, 9023 
through 9033, and 9301 through 9307 of the HTSUS.
9. Petroleum, Natural Gas & Minerals Center
    For inclusion in the Petroleum, Natural Gas & Minerals Center, 
importers must be part of the petroleum, natural gas, petroleum 
related, minerals, or mining industries based on the tariff 
classification in the HTSUS of the predominant number of goods 
imported. For purposes of assigning an importer to this Center, CBP 
considers the terms ``petroleum'' and ``natural gas'' to consist of 
merchandise classified under headings 2709 through 2713, HTSUS. For 
purposes of assigning an importer to this Center, CBP considers the 
term ``petroleum related'' to consist of merchandise classified under 
headings 2701, 2705, 2707, 2708, 2714, 2715, 2716, and 3826, HTSUS. For 
purposes of assigning an importer to this Center, CBP considers the 
terms ``minerals'' or ``mining'' to consist of merchandise classified 
under headings 2601 through 2621, 2702, 2703, 2704, and 2706, HTSUS.
10. Pharmaceuticals, Health & Chemicals Center
    For inclusion in the Pharmaceuticals, Health & Chemicals Center, 
importers must be part of the pharmaceuticals, health, or chemical and 
allied industries based on the tariff classification in the HTSUS of 
the predominant number of goods imported. For purposes of assigning an 
importer to this Center, CBP considers the term ``pharmaceuticals'' to 
consist of merchandise classified under headings 2936, 2937, 2939, 
2941, 3001 through 3006, HTSUS. For purposes of assigning an importer 
to this Center, CBP considers the term ``health equipment'' to consist 
of merchandise classified under headings 4014, 9018, 9019, 9021, 9022, 
and 9402, HTSUS. For purposes of assigning an importer to this Center, 
CBP considers the term ``chemicals'' to consist of merchandise 
classified under headings 2801 through 2935, 2938, 2940, 2942, 3101 
through 3302, 3402 through 3405, 3407 through 3604, 3606 through 3817, 
and 3819 through 3825, HTSUS.

III. Explanation of Amendments

    This section of the document explains the amendments that are being 
made in various parts of title 19 of the Code of Federal Regulations 
(19 CFR) to: Transition functions from the port directors to the Center 
directors; jointly authorize the port directors and Center directors to 
implement certain functions; or provide clarification that payments and 
documents may continue to be submitted at the ports of entry or 
electronically. CBP has decided not to amend the following parts of 19 
CFR because the functions are not transitioning to the Centers or 
because the parts are included in another regulatory package: 111, 114, 
118, 122, 123, 125, 127, 191 and 192.

A. Part 4--Vessels in Foreign and Domestic Trades

    Section 4.94a(d) is amended to provide that upon entry completion 
and deposit of duty under Sec.  4.94a(d), the bond posted with CBP will 
be returned to the importer of record, and a new bond on CBP Form 301, 
containing the bond conditions set forth in 19 CFR 113.62, may be 
required by the Center director, rather than by the port director. This 
bond function is being transferred from the port directors to the 
Center directors because it is a post-release function.

B. Part 7--Customs Relations With Insular Possessions and Guantanamo 
Bay Naval Station

    Section 7.3(e)(1)(iii)(B) is amended to provide the Center 
director, rather than the port director, with the authority to 
determine whether an importation into an insular possession or the 
United States results from the original commercial transaction between 
the importer and the producer or the latter's sales agent.
    Section 7.3(e)(2) is amended to provide that the Center director, 
rather than the port director, will have the authority to require that 
appropriate shipping papers, invoices, or other documents be submitted 
within 60 days of the date of entry as evidence that the goods were 
shipped to the United States directly from an insular possession or 
shipped from the United States directly to an insular possession and 
returned from the insular possession to the United States by direct 
shipment within the meaning of section 7.3(e)(1). The Center director, 
rather than the port director, will also have the authority to 
determine whether evidence of direct shipment will be subject to 
verification. The section is also being amended to provide that 
evidence of direct shipment will not be required when the Center 
director, rather than the port director, is otherwise satisfied, taking 
into consideration the kind and value of the merchandise, that the 
goods qualify for duty-free treatment under General Note 3(a)(iv), 
HTSUS, and section 7.3(a).
    Section 7.3(f)(1) is amended to provide the Center director, rather 
than the port director, with the authority to decide whether goods 
qualify for duty-free treatment under section 7.3(a)(1).
    Section 7.3(f)(2) is amended to provide that the declarations noted 
in Sec.  7.3(f)(2)(i)-(ii) must be filed with the entry/entry summary 
unless the Center director, rather than the port director, is satisfied 
by reason of the nature of the goods or otherwise that the goods 
qualify for such duty-free entry.

C. Part 10--Articles Conditionally Free, Subject to a Reduced Rate, 
etc.

    In Part 10, the responsibilities and functions currently designated 
by the regulations for the port directors will be transferred to the 
Center directors, except for those found in the following sections and 
those described further below:
     10.5(d), (e), (g), and (h): Shooks and staves; cloth 
boards; port director's account.
     10.6: Shooks and staves; claim for duty exemption.
     10.7: Substantial containers or holders.
     10.31(b): Entry; bond.
     10.36(a): Commercial travelers' samples; professional 
equipment and tolls of trade; theatrical effects and other articles.
     10.38(a), (f), and (g): Exportation.
     10.39(d)(2), (e)(2), (e)(3), and (g): Cancellation of bond 
charges.
     10.41b(b), (b)(1), (b)(2)(vi), (b)(3)-(b)(6), and (i): 
Clearance of serially numbered substantial holders or outer containers.
     10.53(e)(5): Antiques.
     10.59(a)(3) and (e): Exemption from customs duties and 
internal-revenue tax.
     10.60(f) and (h): Forms of withdrawals; bond.
     10.61: Withdrawal permit.
     10.62(c)(1), (e), and (f): Bunker fuel oil.
     10.62a(b): Blanket withdrawals for certain merchandise.
     10.62b(g)(9): Aircraft turbine fuel.
     10.64(a) and (b): Crediting or cancellation of bonds.
     10.65(c)(2): Cigars and cigarettes.
     10.66(b), (a)(3) and (c)(1): Articles exported for 
temporary exhibition and returned; horses exported for horse

[[Page 92984]]

racing and returned; procedure on entry.
     10.67(c): Articles exported for scientific or educational 
purposes and returned; procedure on entry.
     10.68(a): Procedure.
     10.71(e): Purebred animals; bond for production of 
evidence; deposit of estimated duties; stipulation.
     10.75: Wild animals and birds; zoological collections.
     10.81(a): Use in any port.
     10.101(c) and (d): Immediate delivery.
     10.107(b) and (c): Equipment and supplies; admission.
     10.151: Importations not over $800.
     10.152: Bona-fide gifts.
    These functions, which generally occur at the ports and relate to 
pre-release decisions, will remain with the port directors: Collection 
of information used to make release decisions; functions concerning 
exportation; determinations concerning destruction of merchandise; 
decisions and functions concerning the physical control of warehoused 
goods and the transfer of those goods from warehouse to warehouse or 
warehouse to port and the final disposition regarding entry; decisions 
and functions concerning vessels; decisions concerning passengers; pre-
release decisions and functions; and decisions concerning importations 
not over $800 and bona-fide gifts.
    The following sections in Part 10 include either the 
responsibilities and functions for personnel working for either the 
port director and Center director or the section contains additional 
regulatory changes as noted below:
     Sections 10.8(d) (Articles exported for repairs or 
alterations) and 10.9(d) (Articles exported for processing): From the 
port director to port director or Center director because personnel 
working for either the port director or the Center director will have 
the authority to require at the time of entry a deposit of estimated 
duties.
     Section 10.37 (Extension of time for exportation): From 
the director of the port where the entry was filed to the Center 
director for purposes of permitting the Center director, rather than 
the port director, to grant extensions of time for exportation upon 
written application on CBP Form 3173, provided the articles have not 
been exported or destroyed before the receipt of the application, and 
liquidated damages have not been assessed under the bond before receipt 
of the application. Also, this document adds language to the section to 
provide that the written application on CBP Form 3173 may be submitted 
to CBP, either at the port of entry or electronically meaning here that 
the application may be submitted using the means currently permitted; 
however, the authority to collect the form will be extended to the 
personnel working for both Center directors and the port directors.
     Section 10.40(b) (Refund of cash deposits): From the port 
director to the Center director to provide that the Center director, 
rather than the port director will notify the importer in writing that 
the entire cash deposit will be transferred to the regular account as 
liquidated damages. Also, this document adds language to the section to 
provide that the written application for relief from the payment of the 
full liquidated damages must be filed with the Center director.
     Section 10.41a(e) (Lift vans, cargo vans, shipping tanks, 
skids, pallets, and similar instruments of international traffic; 
repair components): From the port director to CBP, either at the port 
of entry or electronically so that the consumption entry may be 
submitted using the means currently permitted; however, the authority 
to collect the document will be extended to the personnel working for 
both Center directors and the port directors.
     Section 10.49(d) (Articles for exhibition; requirements on 
entry): From the director of the port of entry to CBP, either at the 
port of entry or electronically so that the duties may be submitted 
using the means currently permitted (e.g., through the Automated 
Clearing House (ACH)); however, the authority to collect and deposit 
the duties will be extended to the personnel working for both Center 
directors and the port directors.
     Section 10.71(c) (Purebred animals; bond for production of 
evidence; deposit of estimated duties; stipulation) and 10.121(b) 
(Visual or auditory materials of an educational, scientific, or 
cultural character): From the port director to CBP, either at the port 
of entry or electronically to indicate that the importer may continue 
to make its submission of stipulation documentation and duties using 
the means currently permitted; however, the authority to accept the 
payments and documentation will be extended to both the port director 
and Center director personnel.
     Section 10.84(e) (Automotive vehicles and articles for use 
as original equipment in the manufacture of automotive vehicles): From 
the director of the port where entry was made to CBP, either at the 
port of entry or electronically so as to allow the written notice 
concerning the intended use of motor-vehicle equipment to be submitted 
using the means of submission currently permitted and to also extend 
the authority to collect the notice to both the Center director and 
port director personnel.
     Section 10.91(c)(2) (Prototypes used exclusively for 
product development and testing): From the port director where the 
entry or withdrawal of the prototype was made to CBP, either at the 
port of entry or electronically and from port director to Center 
director. This document removes the words ``the port director where the 
entry or withdrawal of the prototype was made'' and adds in their place 
the words ``CBP, either at the port of entry or electronically'' to 
provide that notice of the sale of the prototype or any part(s) of the 
prototype must be submitted using the means currently permitted, but 
the authority to collect the notice is extended to both Center director 
and port director personnel. The term ``port director'' in the final 
sentence is replaced with ``Center director'' to provide that the 
Center director, rather than the port director, has the authority to 
request proof of actual use of the prototype.
     Section 10.102(a) (Duty-free entries): From the port 
director to the Center director because duty assessment is being 
transitioned to the Center director personnel. Also, this document adds 
language to the section to provide that the required certification may 
be received either at the port of entry or electronically.
     Section 10.179(b)(1) (Canadian crude petroleum subject to 
a commercial exchange agreement between United States and Canadian 
refiners): From the director of the port where the original entry was 
made to CBP, either at the port of entry or electronically, so as to 
allow the certification required under Sec.  10.179(a) to continue to 
be filed using the means permitted currently.
     Section 10.235(b) (Filing of claim for preferential tariff 
treatment): From the Customs port where the declaration was originally 
filed to CBP, either at the port of entry or electronically because the 
declarations that the imported article qualifies for preferential 
tariff treatment may continue to be submitted using the means permitted 
currently and the authority to collect the declarations will be 
extended to both the Center director and port director personnel.
     Section 10.245(b) (Filing of claim for preferential 
treatment): From the CBP port where the declaration was originally 
filed to CBP, either at the port of entry or electronically to provide 
that

[[Page 92985]]

the corrected declaration will be effected by submission of a letter or 
other written statement using the means permitted currently and the 
authority to collect the corrected declarations will be extended to 
both the Center director and port director personnel.
     Sections 10.441(a) (Filing procedures), 10.591(a) (Filing 
procedures), 10.870(a) (Filing procedures), 10.911(a) (Filing 
procedures), 10.1011(a) (Filing procedures), 10.2011(a) (Filing 
procedures), and 10.3011(a) (Filing procedures): From the director of 
the port at which the entry covering the good was filed to CBP, either 
at the port of entry or electronically so that the post-importation 
claim for a refund may be submitted using the means currently 
permitted; however, the authority to collect the document will be 
extended to the personnel working for both Center directors and the 
port directors.
     Section 10.847(c) (Filing of claim for duty-free 
treatment): From the CBP port where the claim was originally filed to 
CBP, either at the port of entry or electronically so that the post-
entry documentation for a refund, including corrections to claims for 
duty-free treatment, may be submitted using the means currently 
permitted; however, the authority to collect the document will be 
extended to the personnel working for both Center directors and the 
port directors.

D. Part 11--Packing and Stamping; Marking

    Section 11.12(b) is amended to provide the Center director, rather 
than the port director, with the authority to allow the importer a 
reasonable opportunity to label imported wool products that were not 
correctly labeled where the Center director is satisfied that the error 
or omission did not involve fraud or willful neglect.
    Section 11.12(c) is amended to provide that the Center director, 
rather than the port director, will set the bond amount for packages of 
wool products that are not designated for examination and are released.
    Section 11.12(d) is amended to require the Center director, rather 
than the port director, to provide written notice to the importer of 
any lack of compliance with the Wool Products Labeling Act of 1939 in 
respect of an importation of wool products, and to note that pursuant 
to Sec.  141.113 the Center director, rather than the port director, 
will demand the immediate return of the involved products to Customs 
custody, unless the lack of compliance is forthwith corrected.
    Section 11.12(e) is amended to give the Center director, rather 
than the port director, the discretion to determine whether the 
imported wool products have been brought into compliance with the Wool 
Products Labeling Act of 1939.
    Section 11.12(f) is amended to state that if any fraudulent 
violation of the Wool Products Labeling Act of 1939 with respect to 
imported articles comes to the attention of the Center director, the 
involved merchandise shall be placed under seizure, or a demand shall 
be made for the redelivery of the merchandise if it has been released 
from Customs custody, and the case shall be reported to the Federal 
Trade Commission, Washington, DC.
    Section 11.12a(b) is amended to provide that if imported fur 
products are not correctly labeled and the Center director, rather than 
the port director, is satisfied that the error or omission involved no 
fraud or willful neglect, the importer shall be afforded a reasonable 
opportunity to label the merchandise under Customs supervision to 
conform with the requirements of such act and the rules and regulations 
of the Federal Trade Commission.
    Section 11.12a(c) is amended to provide that the Center director, 
rather than the port director, will set the bond amount for packages of 
fur products that are not designated for examination and are released.
    Section 11.12a(d) is amended to provide that the Center director, 
rather than the port director, will give written notice to the importer 
of any lack of compliance with the Fur Products Labeling Act (15 U.S.C. 
69b) in respect of an importation of fur products, and pursuant to 
Sec.  141.113 the Center director, rather than the port director, will 
demand the immediate return of the involved products to Customs 
custody, unless the lack of compliance is forthwith corrected.
    Section 11.12a(e) is amended to provide that the Center director, 
rather than the port director, needs to be fully satisfied that a 
product covered by a notice and demand given pursuant to Sec.  
11.12a(d), that has not been promptly returned to Customs custody, has 
been brought into compliance with the Fur Products Labeling Act.
    Section 11.12a(f) is amended to provide that if any fraudulent 
violation of the act with respect to imported articles comes to the 
attention of a Center director, the involved merchandise shall be 
placed under seizure, or a demand shall be made for the redelivery of 
the merchandise if it has been released from Customs custody, and the 
case shall be reported to the Federal Trade Commission, Washington, DC 
20580.
    Section 11.12b(b) is amended to provide that if imported fiber 
products are not correctly labeled and the Center director, rather than 
the port director, is satisfied that the error or omission involved no 
fraud or willful neglect, the importer shall be afforded a reasonable 
opportunity to label the merchandise under customs supervision to 
conform with the requirements of such Act and the rules and regulations 
of the Federal Trade Commission.
    Section 11.12b(c) is amended to provide that the Center director, 
rather than the port director, will set the bond amount for packages of 
fiber products that are not designated for examination and are 
released.
    Section 11.12b(d) is amended to require the Center director, rather 
than the port director, to provide written notice to the importer of 
any lack of compliance with the Textile Fiber Products Identification 
Act in respect of an importation of fiber products, and pursuant to 
Sec.  141.113 of this chapter to demand the immediate return of the 
involved products to customs custody, unless the lack of compliance is 
corrected.
    Section 11.12b(e) is amended to provide that the Center director, 
rather than the port director, needs to be fully satisfied that a 
product covered by a notice and demand given pursuant to Sec.  
11.12b(d), that has not been promptly returned to Customs custody, has 
been brought into compliance with the Fiber Products Identification Act 
(15 U.S.C. 70 through 70k).
    Section 11.12b(f) is amended to provide that if any willful or 
flagrant violation of the Act with respect to the importation of 
articles comes to the attention of a Center director, the involved 
merchandise shall be placed under seizure, or a demand shall be made 
for the redelivery of the merchandise if it has been released from 
Customs custody, and the case shall be reported to the Federal Trade 
Commission, Washington DC 20580.

E. Part 12--Special Classes of Merchandise

    Section 12.26(f) is amended to provide that if the permit referred 
to in Sec.  12.26(e) is refused by the Fish and Wildlife Service, or if 
the permit is not produced within the said 30 days, an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) shall promptly recall the property, if delivered under 
bond, and shall require its immediate exportation at the expense of the 
importer or consignee.

[[Page 92986]]

    Section 12.39(b)(2)(i) is amended to provide that, to enter 
merchandise that is the subject of a Commission exclusion order, 
importers must file with CBP prior to entry a bond in the amount 
determined by the Commission that contains the conditions identified in 
the special importation and entry bond set forth in appendix B to part 
113 of this chapter. The term ``CBP'' here means that importers may 
file the bond with personnel working for either the port director or 
the Center director.
    Section 12.39(b)(3) is amended to provide that CBP shall notify 
each importer or consignee of articles released under bond pursuant to 
Sec.  12.39(b)(2) when the Commission's determination of a violation of 
Sec.  337 becomes final and that entry of the articles is refused. The 
term ``CBP'' here means personnel working for either the port director 
or the Center director.
    Section 12.39(b)(4) is amended to provide that in addition to the 
notice given to importers or consignees of articles released under 
bond, CBP shall provide written notice to all owners, importers or 
consignees of articles which are denied entry into the United States 
pursuant to an exclusion order that any future attempt to import such 
articles may result in the articles being seized and forfeited. The 
term ``CBP'' here means personnel working for either the port director 
or the Center director. The paragraph is also amended by removing ``by 
port directors'' in the last sentence to read as follows: Copies of all 
such notices are to be forwarded to the Executive Director, Commercial 
Targeting and Enforcement, Office of Trade, at CBP Headquarters, and to 
the Office of The General Counsel, USITC, 500 E Street SW., Washington, 
DC 20436.
    Section 12.39(c)(1)(iii) is amended to conform with the 
modification to paragraph (b)(4), above. Similarly, the term ``CBP'' in 
this instance means personnel working for either the port director or 
the Center director.
    Section 12.39(e)(2) is amended to provide that CBP shall enforce 
any court order or USITC exclusion order based upon a mask work 
registration in accordance with the terms of such order. The term 
``CBP'' here means personnel working for either the port director or 
the Center director.
    Section 12.73(j) is amended to provide that, if good cause is 
shown, the Center director, rather than the port director, has the 
authority to extend the period of time that the importer has to submit 
a U.S. Environmental Protection Agency (EPA) statement that the vehicle 
or engine is conformity with Federal emission requirements. The 
prescribed statement must be delivered by the importer to CBP, either 
to the port of entry or electronically. This means that the importer 
may continue to submit the statement using the means currently 
permitted, but the authority to collect the statement will be extended 
to the personnel working for either the Center director or port 
director.
    Section 12.121(a)(2)(ii) is amended to provide that a Center 
director, rather than the port director, may, in his discretion, 
approve an importer's use of a ``blanket'' certification, in lieu of 
filing a separate certification for each chemical shipment, for any 
chemical shipment that conforms to a product description provided to 
Customs pursuant to Sec.  12.121(a)(2)(ii)(A). This document also 
amends the section to provide that in approving the use of a 
``blanket'' certification, the Center director, rather than the port 
director, should consider the reliability of the importer and Customs 
broker.
    Section 12.121(a)(2)(ii)(A) is amended to provide that a 
``blanket'' certification must be filed with CBP, either at the port of 
entry or electronically. This means that the importer may continue to 
submit the statement using the means currently permitted, but the 
authority to collect the statement will be extended to the personnel 
working for either the Center director or port director.
    Section 12.121(a)(2)(ii)(B) is amended to provide that a 
``blanket'' certification will remain valid, and may be used, for 1 
year from the date of approval unless the approval is revoked earlier 
for cause by the Center director.

F. Part 24--Customs Financial and Accounting Procedure

    Section 24.1(a)(3)(i) is amended to provide that an uncertified 
check drawn by an interested party on a national or state bank or trust 
company of the United States or a bank in Puerto Rico or any possession 
of the United States if such checks are acceptable for deposit by a 
Federal Reserve bank, branch Federal Reserve bank, or other designated 
depositary shall be accepted if there is on file with CBP a bond to 
secure the payment of the duties, taxes, fees, interest, or other 
charges, or if a bond has not been filed, the organization or 
individual drawing and tendering the uncertified check has been 
approved by an authorized CBP official (a CBP employee working for 
either the port director or the Center director) to make payment in 
such manner. In determining whether an uncertified check shall be 
accepted in the absence of a bond, an authorized CBP official shall use 
available credit data obtainable without cost to the Government, such 
as that furnished by banks, local business firms, better business 
bureaus, or local credit exchanges, sufficient to satisfy him of the 
credit standing or reliability of the drawer of the check.
    Section 24.1(a)(3)(ii) is amended to provide that if, during the 
preceding 12-month period, an importer or interested party has paid 
duties or any other obligation by check and more than one check is 
returned dishonored by the debtor's financial institution, an 
authorized CBP official (a CBP employee working for either the port 
director or Center director) shall require a certified check, money 
order or cash from the importer or interested party for each subsequent 
payment until such time that an authorized CBP official is satisfied 
that the debtor has the ability to consistently present uncertified 
checks that will be honored by the debtor's financial institution.
    Section 24.2 is amended to include Center directors to the list of 
CBP employees that are authorized to receive Customs collections. They 
are also permitted, along with the port directors, to designate 
employees who are authorized to receive Customs collections.
    Section 24.4(a) is amended to provide that an importer, including a 
transferee of alcoholic beverages in a customs bonded warehouse who 
wishes to pay on a semi-monthly basis the estimated import taxes on 
alcoholic beverages entered, or withdrawn from warehouse, for 
consumption by him during such a period may apply by letter to the 
Center director, either at a port of entry or electronically, rather 
than to the director of each port at which he wishes to defer payment. 
The reason the language ``Center director, either at the port of entry 
or electronically'' is used rather than ``CBP, either at the port of 
entry or electronically'' is because the Center director will have the 
authority to permit a deferral of payment, but the importer may submit 
the letter either to the port of entry or electronically. The paragraph 
is also amended to provide that an importer who receives approval from 
the Center director, rather than the port director, to defer such 
payments may, however, continue to pay the estimated import taxes due 
at the time of entry, or withdrawal from warehouse, for consumption. 
While the Center directors will be responsible for the duty impact and 
entry summary aspects of the bonded warehouses, the port directors will 
remain responsible for the physical control and supervision of the 
bonded warehouses.
    Section 24.4(b) is amended to provide that an importer may begin 
the deferral of payments of estimated tax to a

[[Page 92987]]

Customs port in the first deferral period beginning after the date of 
the written approval by the Center director, rather than the port 
director. An importer may use the deferred payment system until the 
Center director, rather than the port director, advises such importer 
that he is no longer eligible to defer the payment of such taxes.
    Section 24.4(c)(1) is amended to provide that an importer must 
state his estimate of the largest amount of taxes to be deferred in any 
semimonthly period based on the largest amount of import taxes on 
alcoholic beverages deposited with CBP in such a period during the year 
preceding his application. He must also identify any existing bond or 
bonds that he has on file with CBP and shall submit in support of his 
application the approval of the surety on his bond or bonds to the use 
of the procedure and to the increase of such bond or bonds to such 
larger amount or amounts as may be found necessary by the Center 
director. These changes are being made to reflect that bonds will be 
maintained by both the port directors and Center directors and that 
bonds amount determinations related to the importation of alcoholic 
beverages will be made by the Center directors.
    Section 24.4(c)(2) is amended to provide that each application 
noted in Sec.  24.4 must include a declaration in substantially the 
following language: I declare that I am not presently barred by CBP 
from using the deferred payment procedure for payment of estimated 
taxes upon imports of alcoholic beverages, and that if I am notified by 
a Center director to such effect I shall advise any future Center 
director where approval has been given to me to use such procedure. The 
purpose of using the term ``CBP'' rather than keeping ``port director'' 
in this declaration is to take into account if the importer is 
presently barred by a port director or a Center director. The other 
instances of ``port director'' have been changed to ``Center director'' 
because this document is transferring from the port directors to the 
Center directors the authority to bar importers from using the deferred 
payment procedures for payment of estimated taxes upon imports of 
alcoholic beverages. Future Center directors are accounted for in this 
language in case an importer's industry changes and the importer is 
placed in a new Center.
    Section 24.4(d)(1) is amended to provide that the Center director, 
rather than the port director, will notify the importer, or his 
authorized agent if requested, of approval for using the deferred 
payment procedures.
    Section 24.4(i) is amended to provide that the deferred payment 
privilege once approved by the port director or Center director before 
January 19, 2017, or the Center director on or after January 19, 2017, 
will remain in effect until terminated under the provisions of Sec.  
24.4(h) or the importer or surety requests termination. This section is 
being amended to include date ranges because the decisions made prior 
to the effective date of these regulatory amendments will have been 
made by the port director or Center director (pursuant to the 
Delegation Order described in section I.B. of the Background section of 
this document) and the decisions made on or after the effective date of 
these regulatory amendments will be made by the Center director.
    Section 24.14(c) is amended to provide that CBP's stamp, rather 
than the port director's stamp, will be impressed upon a completely 
prepared bill or receipt for the purchase of customs forms that is 
presented by the purchaser at the time of purchase.

G. Part 54--Certain Importations Temporarily Free of Duty

    Section 54.5(b) is amended to provide that no deposit of estimated 
duty shall be required upon the entry, or withdrawal from warehouse for 
consumption, of the articles described in paragraph (a) of this section 
if the Center director, rather than the port director, is satisfied at 
the time of entry, or withdrawal, by written declaration of the 
importer that the merchandise is being imported to be used in 
remanufacture by melting, or to be processed by shredding, shearing, 
compacting, or similar processing which renders it fit only for the 
recovery of the metal content. The reason this authority is being 
transitioned to the Center director is because Center director 
personnel, rather than port director personnel, will be in the position 
to determine whether goods meet the requirements for duty free entry 
and determine rates of duty generally.
    Section 54.6(c) is amended to require the importer to submit to 
CBP, either at the port of entry or electronically, a statement from 
the superintendent or manager of the plant at which the articles were 
used in remanufacture by melting, or were processed by shredding, 
shearing, compacting, or similar processing which rendered them fit 
only for the recovery of the metal content showing the information 
contained in Sec.  54.6(c)(1)-(c)(4). Currently, the importer is 
required to submit this statement to the port director. The language is 
being amended to permit the importer to submit the statement using the 
means currently permitted, while also extending the authority to 
collect the statement to personnel working for either the Center 
director or the port director.
    Section 54.6(c)(4) is amended to provide that the statement 
submitted by the importer must contain a description of the 
remanufacture or processing in sufficient detail to enable the Center 
director, rather than the port director, to determine whether it 
constituted a use in remanufacture by melting, or processing by 
shredding, shearing, compacting, or similar processing which rendered 
the articles fit only for the recovery of the metal content.

H. Part 101--General Provisions

    Section 101.1 is amended to include: The definition for the 
Centers; the definition for Center director; the revised definition for 
port and port of entry; and the definition for port director. A new 
section 101.10 includes language describing the designation of Center 
Management Offices; the factors considered for the assignment of 
importers to the Centers; and the process for appealing a Center 
assignment. The new or amended language is described in detail in 
Section II.E of this document.

I. Part 102--Rules of Origin

    Section 102.23(a) is amended to provide that if an entry filed for 
commercial importations of textile or apparel products fails to include 
the manufacturer identification code (MID) properly constructed from 
the name and address of the manufacturer, the Center director, rather 
than the port director, may reject the entry or take other appropriate 
action. The reason for this change is because entry rejection or other 
appropriate action will be done by personnel working for the Center 
director, rather than the port director.
    Section 102.23(b) is amended to provide that if the Center 
director, rather than the port director, is unable to determine the 
country of origin of a textile or apparel product, the importer must 
submit additional information as requested by the Center director.
    Section 102.25 is amended to provide that if the Center director, 
rather than the port director, is unable to determine the country of 
origin of the textile or apparel products for which preferential tariff 
treatment is sought, they will not be entitled to preferential tariff 
treatment or any other benefit under the NAFTA for which they would 
otherwise be eligible.

[[Page 92988]]

J. Part 103--Availability of Information

    Section 103.26 is amended to add Center directors to the list of 
officials that may, in the interest of federal, state, and local law 
enforcement, upon receipt of demands of state or local authorities, and 
at the expense of the State, authorize employees under their 
supervision to attend trials and administrative hearings on behalf of 
the government in any state or local criminal case, to produce records, 
and to testify as to facts coming to their knowledge in their official 
capacities.
    Section 103.32 is amended to add ``Center directors'' to the list 
of CBP officials who must refrain from disclosing facts concerning 
seizures, investigations, and other pending cases until Customs action 
is completed.

K. Part 113--Customs Bonds

    Appendix B to part 113 is amended to provide that if it is 
determined, as provided in Sec.  337 of the Tariff Act of 1930, as 
amended, to exclude merchandise from the United States, then, on 
notification from CBP, the principal is obligated to export or destroy 
under Customs supervision the merchandise released under this 
stipulation within 30 days from the date of the CBP's notification. The 
purpose of this change is to enable CBP to transition to the Center 
directors the exclusion order functions provided in section 12.39 of 
title 19 of the CFR (19 CFR 12.39).
    Appendix C to part 113 currently notes that the corporate seal is 
to be used when no power of attorney has been filed with the port 
director of customs. This document amends Appendix C to part 113 by 
removing the words ``the port director of customs'' and adding in their 
place the term ``CBP'', which means personnel working for either the 
port director or the Center director.

L. Part 132--Quotas

    Section 132.11a(c) is amended to provide that if presentation is 
chosen to be made pursuant to Sec.  132.11a(a)(2) and payment is not 
made as required through the statement processing method, the Center 
director, rather than the port director, may require filing of an entry 
summary for consumption with estimated duties attached as described in 
Sec.  132.11(a)(1) for future filings.
    Section 132.12(a) is amended to provide that the Center director, 
rather than the port director, will approve the opening of the quota 
period.
    Section 132.13(a)(1)(i) is amended to provide that when instructed 
by Headquarters, the Center director, rather than the port director, 
will require an importer to present an entry summary for consumption, 
or its electronic equivalent, with estimated duties attached, at the 
over-quota rate of duty until Headquarters has determined the quantity, 
if any, of the merchandise entitled to the quota rate.
    Section 132.13(a)(1)(ii) is amended to provide that the 
documentation must be presented to CBP, either at the port of entry or 
electronically, which here means that the importer may use the 
method(s) of submission currently permitted to submit the 
documentation; however, the authority to collect the documentation is 
being extended to the personnel working for either the port director or 
the Center director.
    Section 132.13(a)(2) is amended to remove the words ``at the port 
of entry'' and replaced with ``to CBP, either at the port of entry or 
electronically'' so as to provide that the entry summary for 
consumption or withdrawal for consumption, or their electronic 
equivalents, must be presented to CBP, which means personnel working 
for either the port director or the Center director, using the means 
currently permitted.
    Section 132.14(a)(4)(i)(A) is amended to provide that an authorized 
CBP official (a CBP employee working for either the port director or 
the Center director) may demand the return to Customs custody of the 
released merchandise in accordance with Sec.  141.113.
    Section 132.14(a)(4)(i)(B) is amended to provide that the Center 
director shall require the timely presentation to CBP, either at the 
port of entry or electronically, of the entry summary for consumption, 
or a withdrawal for consumption, with the estimated duties attached. 
The term to ``CBP, either at the port of entry or electronically'', 
here means that the documentation may be presented to CBP using the 
means currently permitted; however, the authority to collect the 
documentation is being extended to the personnel working for either the 
port director or the Center director.
    Section 132.14(a)(4)(ii)(A) is amended to provide that the Center 
director shall require the timely presentation, to CBP, either at the 
port of entry or electronically, of the entry summary for consumption, 
or a withdrawal for consumption, with estimated duties attached. The 
term to ``CBP, either at the port of entry or electronically'', here 
means that the documentation may be presented to CBP using the means 
currently permitted; however, the authority to collect the 
documentation is being extended to the personnel working for either the 
port director or the Center director.

M. Part 133--Trademarks, Trade Names, and Copyrights

    Section 133.26 is amended by permitting an authorized CBP official 
to demand redelivery of released merchandise. This section is amended 
by removing the words ``the port director'' and adding in their place 
the words ``an authorized CBP official'' so as to extend the authority 
to demand redelivery of released merchandise to a CBP employee working 
for either the port director or the Center director.
    Section 133.46 is amended to provide that if it is determined that 
articles which have been released from CBP custody are subject to the 
prohibitions or restrictions of this subpart, an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) shall promptly make demand for redelivery of the 
articles under the terms of the bond on CBP Form 301, containing the 
bond conditions set forth in Sec.  113.62, in accordance with Sec.  
141.113.

N. Part 134--Country of Origin Marking

    Section 134.3(b) is amended by removing the words ``[t]he port 
director'' and replacing it with ``[a]n authorized CBP official'' so as 
to provide that CBP employees working for either the port director or 
the Center director have joint authority to demand redelivery of 
released articles that were not marked legally with the country of 
origin. CBP notes that while the redelivery notices may be sent out by 
either personnel working for the port director or the Center director, 
the resolution of marking issues will be the sole authority of the 
Center directors.
    Section 134.25(a) is amended by removing the words ``port director 
having custody of the article,'' and adding in their place the words 
``Center director'' to provide that the Center director, rather than 
the port director, is the party who will make the determination as to 
whether the article in question will be repacked after its release. 
Moreover, the paragraph is amended to require the importer to certify 
to the Center director that: (1) If the importer does the repacking, 
the new container shall be marked to indicate the country of origin of 
the article in accordance with the requirements of this part; or (2) if 
the article is intended to be sold or transferred to a subsequent 
purchaser or repacker, the importer shall notify such purchaser or 
transferee, in writing, at the time of sale or transfer, that any 
repacking of the article must conform to

[[Page 92989]]

these requirements. This section is also amended by removing the words 
``at each port where the article is entered'' and adding in their place 
the words ``CBP, either at the port of entry or electronically.'' The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the certification is being 
extended to personnel working for either the port director or the 
Center director.
    Section 134.25(c) is amended to require the certificate of marking 
for repacked J-list articles and articles incapable of being marked to 
be filed with the Center director, rather than with the port director. 
The section is also amended to provide that in case of failure to 
timely file the certification required under Sec.  134.25, the Center 
director may decline to accept a bond for the missing document and 
demand redelivery of the merchandise under Sec.  134.51.
    Section 134.26(a) is amended by removing the words ``port director 
having custody of the article,'' and adding in their place the words 
``Center director'' to provide that the Center director, rather than 
the port director, is the party who will make the determination as to 
whether the article in question will be repacked after its release. 
Moreover, the paragraph is amended to require the importer to certify 
to CBP, either at the port of entry or electronically, that: (1) If the 
importer does the repacking, he shall not obscure or conceal the 
country of origin marking appearing on the article, or else the new 
container shall be marked to indicate the country of origin of the 
article in accordance with the requirements of this part; or (2) if the 
article is intended to be sold or transferred to a subsequent purchaser 
or repacker, the importer shall notify such purchaser or transferee, in 
writing, at the time of sale or transfer, that any repacking of the 
article must conform to these requirements. This section is also 
amended by removing the words ``at each port where the article(s) is 
entered'' and adding in their place the words ``CBP, either at the port 
of entry or electronically.'' The language ``CBP, either at the port of 
entry or electronically'' here means that the importer may use the 
means of submission currently permitted; however, the authority to 
collect the certification is being extended to personnel working for 
either the port director or the Center director.
    Section 134.26(c) is amended by noting that the certificate of 
marking statement required in Sec.  134.26(a) must be filed with the 
Center director, rather than the port director, and in case of repeated 
failure to timely file the required certification, the Center director, 
rather than the port director, may decline to accept a bond for the 
missing document and demand redelivery of the merchandise under Sec.  
134.51.
    Section 134.34(a) is amended to allow the Center director, rather 
than the port director, to make an exception under Sec.  134.32(d).
    Section 134.34(b) is amended by noting that the Center director, 
rather than the port director, will have the authority to extend the 
sixty (60)-day deferral period for liquidation of entries of imported 
articles which are to be repacked after release from CBP custody.
    Section 134.51(a) is amended by requiring the Center director, 
rather than the port director, to notify the importer on Customs Form 
4647, or its electronic equivalent, to arrange with the Center 
director's office, rather than the port director's office, to properly 
mark an article or container that has not been legally marked, or to 
return all released articles to CBP custody for marking, exportation, 
or destruction.
    Section 134.51(b) is amended by requiring that the identity of the 
imported article, which was not legally marked and is to be exported, 
destroyed, or marked under CBP supervision, to be established to the 
satisfaction of the Center director, rather than the port director.
    Section 134.51(c) is amended by noting that the Center director, 
rather than the port director, may accept a certificate of marking as 
provided for in Sec.  134.52 in lieu of marking under CBP supervision.
    Section 134.52(a) is amended by noting that Center directors, 
rather than port directors, may accept certificates of marking 
supported by samples of articles required to be marked, for which 
Customs Form 4647, or its electronic equivalent, was issued, from 
importers or from actual owners complying with the provision of Sec.  
141.20, to certify that marking of the country of origin on imported 
articles as required by this part has been accomplished.
    Section 134.52(b) is amended by requiring that the certificates of 
marking must be filed in duplicate with CBP, either at the port of 
entry or electronically. The language ``CBP, either at the port of 
entry or electronically'' here means that the importer may use the 
means of filing the certificates of marking as currently permitted; 
however, the authority to collect the certification is being extended 
to personnel working for either the port director or the Center 
director. Moreover, the Center director, rather than the port director, 
will now have the authority to waive the production of the marked 
sample when he is satisfied that the submission of such sample is 
impracticable.
    Section 134.52(c) is amended by requiring the Center director, 
rather than the port director, to notify the importer or actual owner 
when the certificate of marking is accepted. Moreover, the paragraph is 
amended to authorize the Center director, rather than the port 
director, to spot check the marking of articles on which a certificate 
has been filed.
    Section 134.52(d) is amended by removing the words ``port 
director'' and adding in their place the words ``Center director'', 
thereby stating that if a false certificate of marking is filed with 
the Center director indicating that goods have been properly marked 
when in fact they have not been so marked, a seizure shall be made or 
claim for monetary penalty reported under section 592, Tariff Act of 
1930, as amended (19 U.S.C. 1592).
    Section 134.52(e) is amended by noting that the Center director, 
rather than the port director, may require physical supervision of 
marking as specified in Sec.  134.51(c) in those cases in which he 
determines that such action is necessary to insure compliance with part 
134.
    Section 134.53(a)(2) is amended by providing the Center director, 
rather than the port director, with the discretion to accept a bond on 
CBP Form 301, containing the basic importation and entry bond 
conditions set forth in Sec.  113.62 as security for the requirements 
of 19 U.S.C. 1304(f) and (g).
    Section 134.54(a) is amended to provide that the Center director, 
rather than the port director, is allowed, for good cause shown, to 
extend the 30 day period of time that the importer has to properly mark 
or redeliver all merchandise previously released to him.
    The ability to demand payment of liquidated damages incurred under 
the bond will remain with the port director.

O. Part 141--Entry of Merchandise

    Section 141.20(a)(1) is amended to provide that a consignee in 
whose name an entry summary for consumption, warehouse, or temporary 
importation under bond is filed, or in whose name a rewarehouse entry 
or a manufacturing warehouse entry is made, and who desires, under the 
provisions of section

[[Page 92990]]

485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)), to be 
relieved from statutory liability for the payment of increased and 
additional duties shall declare at the time of the filing of the entry 
summary or entry documentation, as provided in Sec.  141.19(a), that he 
is not the actual owner of the merchandise, furnish the name and 
address of the owner, and file with CBP, either at the port of entry or 
electronically, within 90 days from the time of entry (see Sec.  
141.68) a declaration of the actual owner of the merchandise 
acknowledging that the actual owner will pay all additional and 
increased duties. The language ``CBP, either at the port of entry or 
electronically'' here means that the importer may use the means of 
submission currently permitted; however, the authority to collect the 
declaration is being extended to personnel working for either the port 
director or the Center director.
    Section 141.20(a)(2) is amended to provide that if the consignee 
desires to be relieved from contractual liability for the payment of 
increased and additional duties voluntarily assumed by him under the 
single-entry bond which he filed in connection with the entry 
documentation and/or entry summary, or under his continuous bond 
against which the entry and/or entry summary is charged, he shall file 
a bond of the actual owner on Customs Form 301, containing the bond 
conditions set forth in Sec.  113.62 of this chapter, with CBP, either 
at the port of entry or electronically, within 90 days from the time of 
entry. The language ``CBP, either at the port of entry or 
electronically'' here means that the importer may use the means of 
submission currently permitted; however, the authority to collect the 
bond is being extended to personnel working for either the port 
director or the Center director.
    Section 141.35 is amended to provide that any power of attorney 
shall be subject to revocation at any time by written notice given to 
and received by CBP, either at the port of entry or electronically. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the written notice is 
being extended to personnel working for either the port director or the 
Center director.
    Section 141.38 is amended to provide that a power of attorney shall 
not be required if the person signing Customs documents on behalf of a 
resident corporation is known to CBP to be the president, vice 
president, treasurer, or secretary of the corporation. When a power of 
attorney is required for a resident corporation, it shall be executed 
by a person duly authorized to do so. The term ``CBP'' here means 
either the personnel working for the port director or the personnel 
working for the Center director.
    Section 141.44 is amended to provide that unless a power of 
attorney specifically authorizes the agent to act thereunder at the 
appropriate Center and at all Customs ports, the name of the 
appropriate Center or each port where the agent is authorized to act 
thereunder shall be stated in the power of attorney. The power of 
attorney shall be filed with CBP, either at the port of entry or 
electronically, in a sufficient number of copies for distribution to 
the appropriate Center and each port where the agent is to act, unless 
exempted from filing by Sec.  141.46. The Center director or port 
director with whom a power of attorney is filed, irrespective of 
whether his Center or port is named therein, shall approve it, if it is 
in the correct form and the provisions of this subpart are complied 
with, and forward any copies intended for other ports or another Center 
as appropriate. The language ``CBP, either at the port of entry or 
electronically'' here means that the power of attorney may be filed 
using the means of submission currently permitted; however, the 
authority to collect the power of attorney documentation is being 
extended to personnel working for either the port director or the 
Center director.
    Section 141.45 is amended to provide that upon request of a party 
in interest, the Center director or a port director may have on file an 
original power of attorney document and will forward a certified copy 
of the document to another Center director or port director.
    Section 141.46 currently states that a customhouse broker is 
required to obtain a valid power of attorney but he is not required to 
file the power of attorney with a port director. This document amends 
Sec.  141.46 by removing the words ``a port director'' and adding in 
their place the term ``CBP'' to mean either the port director personnel 
or the Center director personnel.
    Section 141.52 is amended to provide that under certain delineated 
circumstances, if the Center director, rather than the port director, 
is satisfied that there will be no prejudice to: Import admissibility 
enforcement efforts; the revenue; and the efficient conduct of CBP 
business, separate entries may be made for different portions of all 
merchandise arriving on one vessel or vehicle and consigned to one 
consignee. One of the delineated circumstances, specifically Sec.  
141.52(i), is also amended to remove the reference to the ``port 
director'' and add ``Center director'' to read as follows: A special 
application is submitted to the Commissioner of Customs with the 
recommendation of the Center director concerned and is approved by the 
Commissioner.
    Section 141.56(a) is amended to provide that CBP may accept, either 
at the port of entry or electronically, one entry summary for 
consumption or for warehouse for merchandise covered by multiple 
entries for immediate transportation, subject to the requirements of 
Sec.  142.17(a), provided the merchandise covered by each immediate 
transportation entry is released at the port of destination under a 
separate entry, in accordance with Sec.  142.3. The reference to ``port 
directors'' is being removed and replaced with ``CBP may accept, either 
at the port of entry or electronically'' because the authority to 
accept the entry summary will continue to reside with the personnel 
working for the port directors and will also be extended to the 
personnel working for the Center directors. Importers will continue to 
have the ability to submit the documentation at the port or 
electronically and this ability is merely being reflected in the 
regulation.
    Section 141.61(e)(2) is amended to provide that a Center director, 
rather than a port director, may require additional documentation to 
substantiate the statistical information required by Sec.  
141.61(e)(1).
    Section 141.61(e)(2)(ii) is amended to provide that a Center 
director, rather than a port director, may grant a reasonable extension 
of time to produce the required documentation for good cause shown. 
(See Sec.  141.91(d) for bond requirements relating to failure to 
produce an invoice.)
    Section 141.61(e)(4) is amended to provide that a Center director, 
rather than a port director, will reject a form for failure to provide 
required statistical information if the information is omitted or if 
the information provided clearly appears on its face, or is known to 
the CBP officer, to be erroneous.
    Section 141.63(a) is amended to provide that under certain 
delineated circumstances, entry summary documentation may be submitted 
at the customhouse for preliminary review, without estimated duties 
attached, within such time before arrival of the merchandise as may be 
fixed by the Center director, rather than by the port director.
    Section 141.63(b) is amended to provide that entry summary 
documentation may be submitted at the

[[Page 92991]]

customhouse for preliminary review, without estimated duties attached, 
within such time after arrival of quota-class merchandise as may be 
fixed by the Center director, if the entry summary for consumption will 
be presented at the opening of the quota period, as provided in Sec.  
132.12(a).
    Section 141.69(c) is amended by removing the words ``the port 
director'' and adding in their place the words ``CBP'' so as to provide 
that personnel working for either the port director or the Center 
director may require documentary evidence as to the movement of 
merchandise between its removal from the port of entry or the place of 
intended release and its return to the port of entry.
    Section 141.83(c)(2) is amended by removing the words ``[t]he port 
director'' and replacing it with ``CBP''. The first sentence of the 
paragraph would therefore read: ``CBP may accept a copy of a required 
commercial invoice in place of the original.'' This change would allow 
the commercial invoice when necessary for entry (for purposes of 
release) to remain with the port director and when necessary for entry 
summary and withdrawal for consumption to be handled by the Center 
director.
    Section 141.85 the Pro Forma Invoice language is amended by 
removing the words ``Advices of the Port Director'' and adding in their 
place the term ``CBP''. The purpose of this change is to note that the 
prices, or in the case of consigned goods the values, of the 
merchandise may be based on the advices of the port director personnel 
or the Center director personnel. This document also amends Sec.  
141.85 by removing the words ``file it with the Port Director'' and 
adding in their place the words ``file it with an authorized CBP 
official''. The purpose of this change is to note that the invoice may 
be filed with an ``authorized CBP official'', meaning a CBP employee 
working for either the port director or the Center director.
    Section 141.86(a) includes a list of information that must be 
included in each invoice of imported merchandise. Paragraph 
141.86(a)(11) provides that the invoice must set forth all goods or 
services furnished for the production of the merchandise (e.g., assists 
such as dies, molds, tools, engineering work) not included in the 
invoice price. However, goods or services furnished in the United 
States are excluded. The paragraph is being amended to provide that 
annual reports for goods and services, when approved by the Center 
director, rather than the port director, will be accepted as proof that 
the goods or services were provided.
    Section 141.88 is amended to provide that when the Center director, 
rather than the port director, determines that information as to 
computed value is necessary in the appraisement of any class or kind of 
merchandise, he shall so notify the importer, and thereafter invoices 
of such merchandise shall contain a verified statement by the 
manufacturer or producer of computed value as defined in Sec.  402(e), 
Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 
U.S.C. 1401a(e)).
    Section 141.91(a) is amended by removing the words ``[t]he port 
director'' and adding in their place the term ``CBP''. This change 
would allow the port director personnel to accept entry documentation 
without the invoice and would allow the Center director personnel to 
accept entry summary documentation without the invoice if they are 
satisfied that the failure to produce the required invoice is due to a 
cause beyond the control of the importer.
    Section 141.91(d) is amended to provide that if needed for 
statistical purposes, the invoice shall be produced within 50 days 
after the date of the entry summary (or the entry, if there is no entry 
summary) is required to be filed, unless a reasonable extension of time 
is granted by the Center director, rather than the port director, for 
good cause shown.
    Section 141.92(a) is amended by removing the words ``[t]he port 
director'' and adding in their place the term ``CBP''. This change 
would allow the port director personnel (at entry stage) and the Center 
director personnel (at the entry summary stage) to waive production of 
a required invoice when they are satisfied that either: (1) the 
importer cannot by reason of conditions beyond his control furnish a 
complete and accurate invoice; or (2) the examination of merchandise, 
final determination of duties, and collection of statistics can be 
effected properly without the production of the required invoice.
    Section 141.92(b) includes a list of documents that are required to 
be filed by the importer with the entry as a condition to the granting 
of a waiver for the production of a required invoice. This document 
amends Sec.  141.92(b)(4) to provide that the Center director, rather 
than the port director, may require other information for either 
appraisement or classification of the merchandise, or for statistical 
purposes. This responsibility is being provided to only the Center 
director because it concerns appraisement and classification issues.
    Section 141.105 is amended to provide that if either the importer 
of record or the actual owner whose declaration and superseding bond 
have been filed in accordance with Sec.  141.20 desires, he may 
estimate, on the basis of information contained in the entry papers or 
obtainable from the Center director, rather than the port director, the 
probable amount of unpaid duties which will be found due on the entire 
entry and deposit them in whole or in part with CBP, either at the port 
of entry or electronically. The deposit shall be tendered in writing in 
the form provided in Sec.  141.105 and instead of using the words ``To 
the Port Director'' the form should state ``To CBP''. The language 
``CBP, either at the port of entry or electronically'' here means that 
the importer may use the means of submission currently permitted; 
however, the authority to collect the unpaid duties is being extended 
to personnel working for either the port director or the Center 
director.
    Section 141.113(a)(2) is amended to provide that the Center 
director, rather than the port director, may demand the return to CBP 
custody of merchandise that is found after release to be not legally 
marked. Demand may be made no later than 30 days after the date of 
examination in the case of merchandise examined at the importer's 
premises or such other appropriate places as determined by the port 
director or Center director.
    Section 141.113(b) is amended to provide that if the Center 
director, rather than the port director, finds during the conditional 
release period that a textile or textile product is not entitled to 
admission into the commerce of the United States because the country of 
origin of the textile or textile product was not accurately represented 
to CBP, he shall promptly demand its return to CBP custody.
    Section 141.113(c)(3) is amended to provide that the FDA will 
communicate to the Center director, rather than the port director, if 
the FDA refuses admission of a food, drug, device, cosmetic, or tobacco 
product into the United States, or if any notice of sampling or other 
request is not complied with. The paragraph is also amended to provide 
that the demand for redelivery of the product to CBP custody may be 
carried out by an authorized CBP official (a CBP employee working for 
either the port director or the Center director). The prescription of a 
bond, described in the last sentence of the paragraph, will remain with 
the port director.

[[Page 92992]]

    Section 141.113(d) is amended by removing the words ``the port 
director'' and adding in their place the words ``an authorized CBP 
official'' and by removing the words ``he'' and adding in its place the 
words ``an authorized CBP official''. The reason for these changes is 
to note that if at any time after entry an authorized CBP official, 
which may be a CBP employee working for either the port director or the 
Center director, finds that any merchandise contained in an importation 
is not entitled to admission into the commerce of the United States for 
any reason not enumerated in Sec. Sec.  141.113(a), (b), or (c), that 
same authorized CBP official or a different authorized CBP official 
shall promptly demand the return to CBP custody of any such merchandise 
which has been released.
    Section 141.113(e) is amended by removing the words ``the port 
director'' and adding in their place the words ``an authorized CBP 
official''. The reason for this amendment is to note that if the 
importer has not promptly complied with a request for samples or 
additional examination packages made by an authorized CBP official 
(which may be a CBP employee working for either the port director or 
the Center director) pursuant to Sec.  151.11, that same authorized CBP 
official or a different authorized CBP official may demand the return 
of the necessary merchandise to CBP custody.
    Section 141.113(g) is amended by noting that an authorized CBP 
official, which is a CBP employee working for either the port director 
or the Center director, will retain one copy, with the date of mailing 
or delivery noted thereon, of the demand for the return of merchandise 
to CBP, which is made on Customs Form 4647, or its electronic 
equivalent, other appropriate form, or by letter, and it will be made 
part of the entry record.
    Section 141.113(i) is amended to reflect that an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) may demand return of merchandise to CBP custody.

P. Part 142--Entry Process

    Section 142.3(c) is amended by removing the reference to ``port 
director'' and replacing it with ``CBP'' because the authority to 
require additional copies of the entry summary documentation will 
continue to reside with the personnel working for the port directors 
and will also be extended to the personnel working for the Center 
directors.
    Section 142.11(b) is amended by removing the reference to ``port 
director'' and replacing it with ``CBP'' because the authority to 
require additional copies of the entry summary will continue to reside 
with the personnel working for the port directors and will also be 
extended to the personnel working for the Center directors.
    Section 142.13(a) is amended to provide that CBP, meaning either 
the personnel working for the Center director or the port director, may 
require that the entry summary documentation be filed and that 
estimated duties, if any, be deposited at the time of entry before the 
merchandise is released if any of the circumstances noted in Sec.  
142.13(a)(1)-(4) apply. The reason that the Center director personnel 
and the port director personnel will have joint authority for live 
entries is to ensure that the trade mission and security mission are 
met regardless of the hour of operation for either of the personnel.
    Section 142.17(a) is amended to provide that the Center director, 
rather than the port director, has the authority to permit the filing 
of one entry summary for merchandise the subject of separate entries if 
certain delineated circumstances are met.
    Section 142.17a(a) is amended to provide that the Center director, 
rather than the port director, may permit a broker as nominal consignee 
to file a consolidated entry summary in his own name under his own bond 
covering shipments of like or similar merchandise consigned to various 
ultimate consignees as long as certain delineated circumstances are 
met.
    Section 142.18(a) is amended to provide that an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) will demand return to CBP custody of merchandise 
released at time of entry that is later found to be prohibited in 
accordance with Sec.  141.113.
    Section 142.28(a) is amended to provide that that an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) will demand return to CBP custody if merchandise 
released under a special permit for immediate delivery later is found 
to be prohibited.

Q. Part 143--Special Entry Procedures

    Section 143.22 is amended to provide that CBP may require a formal 
consumption or appraisement entry for any merchandise if deemed 
necessary for import admissibility enforcement purposes; revenue 
protection; or the efficient conduct of customs business. This means 
that either port director or Center director personnel may require a 
formal consumption or appraisement entry in these circumstances. While 
the handling of informal entries will be transitioned to the Center 
directors, in this case, personnel working for either the port director 
or the Center director need to have the authority to require formal 
entry to ensure that the trade mission is met regardless of the hour of 
operation for either of the personnel.
    Section 143.23 is amended to provide that except for the types of 
merchandise listed in Sec.  143.23 which may be entered on the forms 
indicated, merchandise to be entered informally must be entered on a 
CBP Form 368 or 368A, (serially numbered) or CBP Form 7501, or its 
electronic equivalent or, if authorized by the Center director, rather 
than the port director, upon the presentation of a commercial invoice 
which contains the declaration noted in Sec.  143.23, signed by the 
importer or his agent. This function is being transitioned to the 
Center directors because it involves informal entry.

R. Part 144--Warehouse and Rewarehouse Entries and Withdrawals

    Section 144.5 is amended to provide that merchandise must not 
remain in a bonded warehouse beyond 5 years from the date of 
importation or such longer period of time as the Center director, 
rather than the port director, may at his discretion permit upon proper 
request being filed and good cause shown. While the Center directors 
will be responsible for the duty impact and entry summary aspects of 
the bonded warehouses, the port directors will remain responsible for 
the physical control and supervision of the bonded warehouses.
    Section 144.12 is amended to provide that the entry summary, 
Customs Form 7501, or its electronic equivalent shall show the value, 
classification, and rate of duty as approved by the Center director, 
rather than the port director, at the time the entry summary is filed.
    Section 144.13 is amended to provide that a bond on Customs Form 
301, containing the bond conditions set forth in Sec.  113.62 shall be 
filed in the amount required by the Center director, rather than the 
port director, to support the entry documentation. The reason that the 
Center director will be determining the amounts for these bonds is 
because the bond is for the purpose of protecting the revenue.
    Section 144.38 concerns withdrawals for consumption. Section 
144.38(d) is amended to provide that the Center director, rather than 
the port director, may increase or decrease the amount of estimated 
duties to be deposited on the final withdrawal to bring the aggregate 
amount of duties deposited into balance

[[Page 92993]]

with the amount which he estimates will be finally due upon 
liquidation.
    Section 144.41(h) is amended to provide that a protest may be filed 
with CBP, either at the port of entry or electronically, against a 
liquidation made under Sec.  159.7(a) or (b) of this chapter, or 
against a refusal to liquidate pursuant to said sections. In all other 
cases, any protest shall be filed against the original warehouse entry. 
The language ``CBP, either at the port of entry or electronically'' 
here means that the importer may use the means of submission currently 
permitted; however, the authority to collect the protest is being 
extended to personnel working for either the port director or the 
Center director.

S. Part 145--Mail Importations

    Section 145.12(a) is amended to provide that CBP, meaning personnel 
working for either the Center director or the port director, may 
require formal entry of any mail shipment regardless of value if it is 
necessary to protect the revenue. The reason that the Center director 
personnel and the port director personnel will have joint authority for 
requiring formal entry is to ensure that the trade mission is met 
regardless of the hour of operation for either of the personnel.
    Section 145.14(b) is amended to provide that since there is no 
provision for post office supervision of these special marking 
requirements, such as those contained in the Textile Fiber Products 
Identification Act, the Wool Products Labeling Act, and the Trademark 
Act, CBP shall require compliance with the law and regulations (see 
parts 11 and 133 of this chapter). Currently, the regulatory language 
provides that the ``port director shall require compliance'', but the 
language is being amended in this document to note that ``CBP'' shall 
require compliance since both Center director and port director 
personnel will be enforcing the applicable laws and regulations.

T. Part 146--Foreign Trade Zones

    Section 146.65(b)(3) is amended to provide that an allowance in the 
dutiable value of foreign trade zone merchandise may be made by the 
Center director, rather than by the port director, in accordance with 
the provisions of subparts B and C of part 158 (19 CFR part 158, 
subparts B and C), for damage, deterioration, or casualty while the 
merchandise is in the zone.
    Section 146.65(c) is amended to provide that the Center director, 
rather than the port director, is authorized to provide an extension of 
liquidation.

U. Part 147--Trade Fairs

    Section 147.32 is amended to provide that the Center director, 
rather than the port director, will detail an officer to act as his 
representative at the fair and shall station inside the buildings as 
many additional Custom officers and employees as may be necessary to 
properly protect the revenue.
    Section 147.33 is amended to read as follows: [a]ll actual and 
necessary charges for labor, services, and other expenses in connection 
with the entry, examination, appraisement, custody, abandonment, 
destruction, or release of articles entered under the regulations of 
this part, together with the necessary charges for salaries of Customs 
officers and employees in connection with the accounting for, custody 
of, and supervision over, such articles, shall be reimbursed by the 
fair operator to the Government, payment to be made to CBP, either at 
the port of entry or electronically, on the port director's or Center 
director's demand made before January 19, 2017 or on the Center 
director's demand made on or after January 19, 2017, for deposit to the 
appropriation from which paid. The language ``CBP, either at the port 
of entry or electronically'' here means that the importer may use the 
means of submission currently permitted; however, the authority to 
collect the payment is being extended to personnel working for either 
the port director or the Center director. This section is being amended 
to include date ranges because the demands made prior to the effective 
date of these regulatory amendments will have been made by the port 
director or Center director (pursuant to the Delegation Order described 
in section I.B. of the Background section of this document) and the 
demands made on or after the effective date of these regulatory 
amendments will be made by the Center director.
    Section 147.41 is amended by noting that the Center director, 
rather than the port director, may demand payment of any unpaid duty, 
tax, fees, charges, or exaction due on any article removed from the 
trade fair premises or disposed of contrary to subpart E of part 147, 
including any article lost or stolen regardless of the fair operator's 
fault. The section is also amended to provide that the payment must be 
made to CBP, either at the port of entry or electronically. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the payment is being 
extended to personnel working for either the port director or the 
Center director.

V. Part 151--Examination, Sampling, and Testing of Merchandise

    Section 151.10 is amended to provide that when necessary, an 
authorized CBP official, which includes personnel working for either 
the port director or the Center director, may obtain samples of 
merchandise for appraisement, classification, or other official 
purposes.
    Section 151.11 is amended to provide that if an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) requires samples or additional examination packages of 
merchandise which has been released from CBP custody, an authorized CBP 
official (either the CBP official that made the initial requestor a 
different CBP official) will send the importer a written request, on 
Customs Form 28, or its electronic equivalent, Request for Information, 
or other appropriate form, to submit the necessary samples or packages. 
If the request is not promptly complied with, that same authorized CBP 
official or a different authorized CBP official may make a demand under 
the bond for the return of the necessary merchandise to CBP custody in 
accordance with Sec.  141.113 of this chapter.
    Section 151.12(c)(5) is amended to provide that a commercial 
laboratory accredited by Customs agrees to promptly investigate any 
circumstance which might affect the accuracy of work performed as an 
accredited laboratory, to correct the situation immediately, and to 
notify the port director, the Executive Director, and the Center 
director of such matters, their consequences, and any corrective action 
taken or that needs to be taken. The amendment adds ``Center director'' 
to the list of persons who must be provided notification.
    Section 151.12(c)(6) is amended to provide that a commercial 
laboratory accredited by Customs agrees to immediately notify the port 
director, the Executive Director, and the Center director of any 
attempt to impede, influence, or coerce laboratory personnel in the 
performance of their duties, or of any decision to terminate laboratory 
operations or accredited status. The amendment adds ``Center director'' 
to the list of persons who must be provided notification.
    Section 151.13(b)(5) is amended to provide that a commercial gauger 
approved by Customs agrees to promptly investigate any circumstance 
which might affect the accuracy of work performed as an approved 
gauger, to correct the situation immediately, and

[[Page 92994]]

to notify the port director, the Executive Director, and the Center 
director of such matters, their consequences, and any corrective action 
taken or that needs to be taken. The amendment adds ``Center director'' 
to the list of persons who must be provided notification.
    Section 151.13(b)(6) is amended to provide that a commercial gauger 
approved by Customs agrees to immediately notify the port director, the 
Executive Director, and the Center director of any attempt to impede, 
influence, or coerce gauger personnel in the performance of their 
duties, or of any decision to terminate gauger operations or approval 
status. The amendment adds ``Center director'' to the list of persons 
who must be provided notification.
    Section 151.51(b) is amended to provide that when, on the basis of 
invoice information, the nature of any available sample, knowledge of 
prior importations of similar materials, and other data, the Center 
director, rather than the port director, is satisfied that metal-
bearing ores entered under heading 2617, HTSUS, as containing less than 
1 percent of metals dutiable under headings 2603, 2607, and 2608, 
HTSUS, are properly entered, he may liquidate the entry on the basis of 
the assay information contained in the entry papers.
    Section 151.52(c) is amended to provide that where no commercial 
samples have been taken, an authorized CBP official (a CBP employee 
working for either the port director or the Center director) shall take 
representative samples from different parts of the shipment.
    Section 151.54 is amended to provide that an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) may secure from the importer a certified copy of the 
commercial settlement tests for moisture and for assay which shall be 
transmitted with the commercial samples to the Custom laboratory.
    Section 151.55 is amended to provide that deductions for the loss 
of copper, lead, or zinc content during processing, as authorized by 
Chapter 26, Additional U.S. Note 1, Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202), shall be made by the Center director, 
rather than the port director, in the liquidation of any entry only if 
the importer has followed the procedures set forth in that headnote.
    Section 151.65 is amended to provide that duties on wool or hair 
subject to duty at a rate per clean kilogram may be estimated at the 
time of filing the entry summary on the basis of the clean yield shown 
on the entry summary if the Center director, rather than the port 
director, is satisfied that the revenue will be properly protected. 
Liquidated duties shall be based upon the Center director's, rather 
than the port director's, final determination of clean yield. Moreover, 
the section is amended to provide that this adjustment shall be made by 
increasing or decreasing such estimated percentage clean yield of each 
lot by the difference between the percentage clean yield of the related 
sampling unit, as determined by the Center director, rather than the 
port director, and the weighted average percentage clean yield for the 
sampling unit, as computed from the estimated percentages clean yield 
and net weights shown on the entry summary for the lots included in the 
sampling unit.
    Section 151.68(c) is amended to provide that an authorized CBP 
official (a CBP employee working for either the port director or the 
Center director) may designate other imported wool or hair to be 
weighed, sampled, and tested for clean yield, unless such sampling or 
testing is not feasible.
    Section 151.69(b) is amended to provide that when part of an 
original sampling unit, which has been weighed, sampled, and tested in 
accordance with subpart E of part 151, is exported from continuous 
Customs custody without having been manipulated as provided for in 
section 562, Tariff Act of 1930, as amended (19 U.S.C. 1562), the 
percentage clean yield of the part not exported shall be determined, at 
the discretion of the Center director, rather than the port director, 
either on the basis of a new determination by reweighing, resampling, 
and retesting, or by a computation as described in Sec.  151.69(a), for 
either the exported or the remaining part.
    Section 151.70 is amended to provide that the Center director or 
chief chemist, rather than the port director, may desire a second test 
for clean yield of wool or hair.
    Section 151.71(a) is amended to provide that a report of the 
percentage clean yield of each general sample as established by test in 
a Customs laboratory, or a statement of the reason for not testing a 
general sample, shall be forwarded to the Center director, rather than 
to the port director.
    Section 151.71(b) is amended to provide that where samples of wool 
or hair have been tested in a Customs laboratory and the Center 
director, rather than the port director, has received a copy of the 
Laboratory Report, Customs Form 6415, the Center director, rather than 
the port director, shall promptly provide notice of the test results by 
mailing a copy of that report to the importer.
    Section 151.71(c) is amended to provide that if the importer is 
dissatisfied with the port director's or Center director's finding of 
clean yield, made before January 19, 2017, or the Center director's 
finding of clean yield made on or after January 19, 2017, he may file 
with CBP, either at the port of entry or electronically, a written 
request in duplicate for another laboratory test for percentage clean 
yield. Such request shall be filed within 14 calendar days after the 
date of mailing of the notice of the port director's or Center 
director's finding of clean yield. The request shall be granted if it 
appears to the Center director to be made in good faith and if a second 
general sample as provided for in Sec.  151.70 is available for 
testing, or if all packages or, in the opinion of the Commissioner of 
Customs, an adequate number of the packages represented by the general 
sample are available and in their original imported condition. This 
section is being amended to include date ranges because the decisions 
made prior to the effective date of these regulatory amendments will 
have been made by the port director or Center director (pursuant to the 
Delegation Order described in section I.B. of the Background section of 
this document) and the decisions made on or after the effective date of 
these regulatory amendments will be made by the Center director. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the written request for 
another laboratory test for percentage clean yield is being extended to 
personnel working for either the port director or the Center director.
    Section 151.73(b) is amended to provide that the importer's request 
shall be filed in writing with the Center director within 14 calendar 
days after the date of mailing of the notice of the port director's or 
Center director's findings based on the retest mailed before January 
19, 2017, or within 14 calendar days after the date of mailing of the 
notice of the Center director's findings based on the retest mailed on 
or after January 19, 2017. This provision is amended to include 
reference to mailings sent before and after the effective date of this 
document in the Federal Register because before the effective date of 
this document, the port director or Center director (pursuant to the 
Delegation Order described in section I.B. of the Background section of 
this document) will have issued the findings and the findings issued on 
or

[[Page 92995]]

after the effective date of this document, will be issued by the Center 
director.
    Section 151.73(c) is amended to provide that the Center director, 
rather than the port director, shall cause a representative quantity of 
the wool or hair in dispute to be selected and tested by a commercial 
method approved by the Commissioner of Customs. Moreover, the paragraph 
is amended to note that such test shall be made under the supervision 
and direction of the Center director, rather than the port director, at 
an establishment approved by him, and the expense thereof, including 
the actual expense of travel and subsistence of Customs officers but 
not their compensation, shall be paid by the importer.
    Section 151.74 is amended to provide that if the Center director, 
rather than the port director, is not satisfied with the results of any 
test provided for in Sec.  151.71 or Sec.  151.73, he may, within 14 
calendar days after receiving the report of the results of such test, 
proceed to have another test made upon a suitable sample of the wool or 
hair at the expense of the Government. When the Center director, rather 
than the port director, is proceeding to have another test made, he 
shall, within the 14-day period specified in this paragraph, notify the 
importer by mail of that fact.
    Section 151.75 is amended to provide that the Center director, 
rather than the port director, has the authority to make a final 
determination on clean yield and must base that determination upon a 
consideration of all the tests made in connection with the wool or hair 
concerned.
    Section 151.76(a) is amended to provide that the Center director, 
rather than the port director, shall cause wool dutiable at a rate per 
clean kilogram to be examined for grade.
    Section 151.76(b) is amended to provide that if classification of 
the wool at the grade or grades determined on the basis of the 
examination will result in the assessment of duty at a rate higher than 
the rate provided for wool of the grade stated in the entry, the Center 
director, rather than the port director, shall promptly notify the 
importer by mail.
    Section 151.76(c) is amended to provide that if the importer is 
dissatisfied with the port director's or Center director's findings as 
to the grades of wool, made before January 19, 2017, or the Center 
director's findings as to the grade or grades of the wool made on or 
after January 19, 2017, he may, within 14 calendar days after the date 
of mailing of the notice of the port director's or Center director's 
findings, file in duplicate a written request with the Center director 
for another determination of grade or grades, stating the reason for 
the request. Notice of the Center director's findings on the basis of 
the reexamination of the wool shall be mailed to the importer. This 
section is being amended to include date ranges because the decisions 
made prior to the effective date of these regulatory amendments will 
have been made by the port director or Center director (pursuant to the 
Delegation Order described in section I.B. of the Background section of 
this document) and the decisions made on or after the effective date of 
these regulatory amendments will be made by the Center director. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the written request for 
another determination of grade or grades of wool is being extended to 
personnel working for either the port director or the Center director.
    Section 151.84 is amended to provide that the Center director, 
rather than the port director, shall have one or more samples of each 
sampled bale of cotton stapled by a qualified Customs officer, or a 
qualified employee of the Department of Agriculture designated by the 
Commissioner of Customs for the purpose, and shall promptly mail the 
importer a notice of the results determined.
    Section 151.85 is amended to provide that if the importer is 
dissatisfied with the port director's or Center director's 
determination, made before January 19, 2017, or the Center director's 
determination made on or after January 19, 2017, he may file with the 
Center director, within 14 calendar days after the mailing of the 
notice, a written request in duplicate for a redetermination of the 
staple length. Each such request shall include a statement of the 
claimed staple length for the cotton in question and a clear statement 
of the basis for the claim. The request shall be granted if it appears 
to the Center director to be made in good faith. In making the 
redetermination of staple length, the Center director may obtain an 
opinion of a board of cotton examiners from the U.S. Department of 
Agriculture, if he deems such action advisable. This section is being 
amended to include date ranges because the decisions made prior to the 
effective date of these regulatory amendments will have been made by 
the port director or Center director (pursuant to the Delegation Order 
described in section I.B. of the Background section of this document) 
and the decisions made on or after the effective date of these 
regulatory amendments will be made by the Center director.

W. Part 152--Classification and Appraisement of Merchandise

    Section 152.1(c) is amended to provide that if there is no positive 
evidence at hand as to the actual date of exportation, the Center 
director, rather than the port director, shall ascertain or estimate 
the date of exportation by all reasonable ways and means in his power, 
and in so doing may consider dates on bills of lading, invoices, and 
other information available to him.
    Section 152.2 is amended to provide that if the Center director, 
rather than the port director, believes that the entered rate or value 
of any merchandise is too low, or if he finds that the quantity 
imported exceeds the entered quantity, and the estimated aggregate of 
the increase in duties on that entry exceeds $15, he shall promptly 
notify the importer on Customs Form 29, or its electronic equivalent, 
specifying the nature of the difference on the notice. Liquidation 
shall be made promptly and shall not be withheld for a period of more 
than 20 days from the date of mailing of such notice unless in the 
judgment of the Center director, rather than the port director, there 
are compelling reasons that would warrant such action.
    Section 152.13(a) is amended to provide that the Center director, 
rather than the port director, will give written notice to the importer 
as promptly as possible after any commingling of merchandise is 
discovered.
    Section 152.13(c)(1) is amended to provide that to obtain the 
benefit of General Note 3(f), HTSUS, the importer shall, within 30 days 
after the date of mailing or personal delivery of the notice provided 
for in Sec.  152.13(a), file with the Center director, rather than the 
port director, evidence showing performance of the commercial 
settlement tests specified in General Note 3(f), HTSUS.
    Section 152.13(c)(3) is amended to provide that to obtain the 
benefit of General Note 3(f), HTSUS, the importer shall, within 30 days 
after the date of mailing or personal delivery of the notice provided 
for in Sec.  152.13(a), file with the Center director, rather than the 
port director, documentary proof which will satisfy him that the 
merchandise is entitled to the lower rate of duty under General Note 
3(f), HTSUS.
    Section 152.13(d) is amended to provide that the 30-day limit for 
filing the evidence specified in General Note 3(f) or for performing 
the segregation

[[Page 92996]]

specified in General Note 3(f), Harmonized Tariff Schedule of the 
United States, may be extended by the Center director, rather than the 
port director, for additional periods of 30 days each, but not beyond 6 
months from the date of mailing or personal delivery of the notice 
provided for in paragraph (a) of this section, if the importer makes 
written application for each extension and gives satisfactory reasons 
for its allowance. The paragraph is also amended to provide that the 
written application must be filed with the Center director, rather than 
the port director.
    Section 152.16(c) is amended to provide that if a court decision 
overruling a protest contains a definite statement that a higher rate 
than that assessed by the port director or Center director before 
January 19, 2017, or the Center director on or after January 19, 2017, 
was properly chargeable, such higher rate shall be applied to all 
merchandise, whether identical or similar to that passed on by the 
court, which is affected by the principles of the court's decision and 
which is entered or withdrawn for consumption after 30 days from the 
date of the publication of the court's decision in the Customs 
Bulletin. The Center director is included for the dates prior to the 
effective date of this document because under the Center test, the 
assessments for the Center test participants may have been made by the 
Center director. Moreover, pursuant to the Delegation Order (noted in 
section I.B. of the Background section of this document) the 
assessments may have been made by the Center director as well. However, 
the assessments made on or after the effective date of these regulatory 
amendments will be made by the Center director.
    Section 152.26 is amended to provide that the Center director, 
rather than the port director, shall furnish to importers the latest 
information as to values in his possession, subject to certain 
conditions. This document amends the conditions by removing the words 
``port director'' or ``port director's'' where they appear and 
replacing them with ``Center director'' or ``Center director's'' so as 
to note that the information shall be given only in regard to 
merchandise to be appraised by, or under the jurisdiction of, the 
Center director who receives the request, and only with respect to 
merchandise for which there is presented evidence of a firm commitment 
or intent to import such merchandise into the United States. Also, the 
section is amended to provide that value information shall be given by 
the Center director only with an understanding and agreement in each 
case that the information is in no sense an appraisement and is not 
binding upon the Center director's action when he appraises the 
merchandise. Moreover, the section is amended to provide that the 
Center director shall not be required to reply to a written request for 
value information after a value for the merchandise has been declared 
on entry unless he has information indicating a probable appraised 
value different from such entered value.
    Section 152.101(c) is amended to provide that the importer's 
request for the application of the computed value method before the 
deductive value method must be made at the time the entry summary for 
the merchandise is filed with CBP, either at the port of entry or 
electronically (see Sec.  141.0a(b) of this chapter). The language 
``CBP, either at the port of entry or electronically'' here means that 
the importer may use the means of submission currently permitted; 
however, the authority to collect the entry summary is being extended 
to personnel working for either the port director or the Center 
director.
    Section 152.101(d) is amended to provide that upon receipt of a 
written request from the importer within 90 days after liquidation, the 
Center director, rather than the port director shall provide a 
reasonable and concise written explanation of how the value of the 
imported merchandise was determined.
    Section 152.103(a)(5)(iii) is amended to provide that a sale for 
export and placement for through shipment to the United States under 
Sec.  152.103(a)(5)(ii) shall be established by means of a through bill 
of lading to be presented to CBP, either at the port of entry or 
electronically. The paragraph is also amended to provide that only in 
those situations where it clearly would be impossible to ship 
merchandise on a through bill of lading (e.g., shipments via the 
seller's own conveyance) will other documentation satisfactory to the 
Center director, rather than the port director, showing a sale for 
export to the United States and placement for through shipment to the 
United States be accepted in lieu of a through bill of lading. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the bill of lading is 
being extended to personnel working for either the port director or the 
Center director.
    Section 152.103(d) is amended to provide that if the value of an 
assist is to be added to the price actually paid or payable, or to be 
used as a component of computed value, the Center director, rather than 
the port director, shall determine the value of the assist and 
apportion that value to the price of the imported merchandise in one of 
the manners delineated in Sec.  152.103(d)(1)-(d)(2).
    Section 152.103(l) is amended to provide that the Center director, 
rather than the port director, shall not disregard a transaction value 
solely because the buyer and seller are related.
    Section 152.103(l)(2)(iii) is amended to provide that if one of the 
test values provided in Sec.  152.103(j)(2)(i) has been found to be 
appropriate, the Center director shall not seek to determine if the 
relationship between the buyer and seller influenced the price. If the 
Center director already has sufficient information to be satisfied, 
without further detailed inquiries, that one of the test values is 
appropriate, he shall not require the importer to demonstrate that the 
test value is appropriate.
    Section 152.103(m) is amended to provide that when CBP has grounds 
for rejecting the transaction value declared by an importer and that 
rejection increases the duty liability, the Center director, rather 
than the port director, shall inform the importer of the grounds for 
the rejection. The importer will be afforded 20 days to respond in 
writing to the Center director, rather than the port director, if in 
disagreement.
    Section 152.105(h)(3)(i)(2) is amended to provide that the Center 
director, rather than the port director, will review on its merits each 
case involving the following issues: If the imported merchandise loses 
its identity as a result of further processing, the method specified in 
Sec.  152.105(c)(3) will not be applicable unless the value added by 
the processing can be determined accurately without unreasonable 
difficulty for either importers or Customs; and if the imported 
merchandise maintains its identity but forms a minor element of the 
merchandise sold in the United States, the use of Sec.  152.105(c)(3) 
will be unjustified.
    Section 152.106(f)(2) is amended to provide that, if not contrary 
to domestic law regarding disclosure of information, and if information 
other than that supplied by or on behalf of the producer is used to 
determine computed value, the Center director, rather than the port 
director, shall inform the importer, upon written request, of: (i) The 
source of the information, (ii) the data used,

[[Page 92997]]

and (iii) the calculation based upon the specified data.

X. Part 158--Relief From Duties on Merchandise Lost, Damaged, 
Abandoned, or Exported

    Section 158.3 is amended to provide that allowance shall be made in 
the assessment of duties for lost or missing packages of merchandise 
included in an entry summary whenever it is established to the 
satisfaction of the Center director, rather than the port director, 
before the liquidation of the entry summary becomes final that the 
merchandise claimed to be lost or missing was not ``permitted.''
    Section 158.5(a) is amended to provide that an allowance shall be 
made in the assessment of duties for deficiencies in the contents of 
packages when, before the liquidation of the entry becomes final, the 
importer files in the case of a concealed shortage, a Customs Form 
5931, in triplicate, executed by the importer alone, and the Center 
director, rather than the port director, is satisfied as to the 
validity of the claim.
    Section 158.13(b) is amended to provide that if the port director 
is satisfied after any necessary investigation that the merchandise 
contains moisture or impurities as described in Sec.  158.13(a), the 
Center director, rather than the port director, will make allowance for 
the amount thereof in the liquidation of the entry. The reason that the 
term ``port director'' is being maintained the first time it appears in 
this provision is because entry and condition of release issues will 
continue to be handled by the personnel working for the port directors. 
The word ``he'' in the provision originally meant ``the port 
director''; however, the words ``he shall'' is being removed and 
replaced with ``the Center director will'' because the authority to 
make liquidation determinations is being transitioned to the Center 
directors.

Y. Part 159--Liquidation of Duties

    Section 159.7(b) is amended by removing the words ``at the port 
where the merchandise is held in CBP custody'' and replacing them with 
the words ``by the Center director'' to specifically provide that the 
Center director personnel will effectuate on the effective date of the 
change any necessary reliquidations of customs duty or tax on 
merchandise covered by a rewarehouse entry which may be required by 
reason of a change in rate of customs duty or tax made by an act of 
Congress or a proclamation of the President.
    Section 159.7(c) is amended by removing the words ``port director 
of the port where the merchandise is entered for rewarehouse'' and 
replacing them with ``Center director'' to provide that the Center 
director, rather than the port director where the merchandise is 
entered for rewarehouse, has the authority to determine that 
circumstances that make it advisable to follow the liquidation of the 
original warehouse entry and to make an appropriate adjustment in the 
amount of duties to be assessed under the rewarehouse entry.
    Section 159.12(a)(1) is amended to provide that the Center 
director, rather than the port director, may extend the one (1)-year 
statutory period for liquidation for an additional period not to exceed 
one (1)-year under certain circumstances, including if the importer 
requests an extension in writing before the statutory period expires 
and shows good cause why the extension should be granted.
    Section 159.12(a)(1)(ii) is amended by stating that ``good cause'' 
is demonstrated when the importer satisfies the Center director, rather 
than the port director, that more time is needed to present to CBP 
information which will affect the pending action, or there is a similar 
question under review by CBP.
    Section 159.12(b) is amended by noting that if the Center director, 
rather than the port director, extends the time for liquidation, as 
provided in Sec.  159.12(a)(1), he promptly will notify the importer or 
the consignee and his agent and surety on CBP Form 4333-A, 
appropriately modified, that the time has been extended and the reasons 
for doing so.
    Section 159.12(c) is amended to provide that if the liquidation of 
an entry is suspended as required by statute or court order, as 
provided in Sec.  159.12(a)(2), the Center director, rather than the 
port director, promptly will notify the importer or the consignee and 
his agent and surety on CBP Form 4333-A, appropriately modified, of the 
suspension.
    Section 159.12(d)(1) is amended to provide that if an extension has 
been granted because CBP needs more information and the Center 
director, rather than the port director, thereafter determines that 
more time is needed, he may extend the time for liquidation for an 
additional period not to exceed 1 year provided he issues the notice 
required by Sec.  159.12(b) before termination of the prior extension 
period.
    Section 159.12(d)(2) is amended to provide that if the Center 
director, rather than the port director, finds that good cause (as 
defined in Sec.  159.12(a)(1)(ii)) exists, he will issue a notice 
extending the time for liquidation for an additional period not to 
exceed 1 year.
    Section 159.12(e) is amended to provide that the total time for 
which extensions may be granted by the Center director may not exceed 3 
years. Currently, the regulation states that the extension granted by 
the port director may not exceed 3 years. This provision is being 
amended because the authority to make liquidation determinations is 
being transitioned to the Center directors.
    Section 159.22(d)(2) is amended to provide that if the Center 
director, rather than the port director, is of the opinion that the 
invoice or schedule tare does not correctly represent the tare of the 
merchandise the actual tare shall be ascertained and in so doing the 
weigher shall empty and weigh as many casks, boxes, and other coverings 
as he may deem necessary.
    Section 159.36(b) is amended to provide that when multiple rates 
have been certified for a foreign currency, the rate to be used for 
Customs purposes shall be the type of certified rate which the Center 
director, rather than the port director, is satisfied, from information 
in his own files, information obtained and presented to him by the 
importer, or information obtained from other sources, is uniformly 
applicable under the laws and regulations of the country of exportation 
to the particular class of merchandise on the date of exportation.
    Section 159.36(c) is amended to provide that if the Center 
director, rather than the port director, has credible information that 
a type of rate or combination of types of rates which would otherwise 
be applicable under Sec.  159.36(b) were not required or permitted, as 
the case may be, under the laws and regulations of the country of 
exportation to be used uniformly during any period in connection with 
the payment for all merchandise of the class involved, he shall 
immediately submit a detailed report to the Commissioner of Customs, 
and shall suspend appraisement and liquidation as to all merchandise of 
the class involved exported to the United States during the period 
involved, until instructions are received from the Commissioner of 
Customs.
    Section 159.36(d) is amended to provide that if the Center 
director, rather than the port director, has credible information that 
a type of rate or combination of types of rates not applicable to 
payment for the merchandise was required or permitted

[[Page 92998]]

in payment of costs, charges, or expenses, the currency conversions for 
the exchange covering payment for the merchandise and for the exchange 
covering such costs, charges, or expenses shall be calculated 
separately. Moreover, the paragraph is amended to provide that in the 
event that any type of rate uniformly applicable to payment of such 
dutiable costs, charges, or expenses for merchandise of the class 
involved was a type of rate not certified in accordance with Sec.  
159.34 or Sec.  159.35, the Center director, rather than the port 
director, shall immediately submit a detailed report to the 
Commissioner of Customs, and shall suspend appraisement and liquidation 
as to all merchandise of the class involved exported to the United 
States during the period involved, until instructions are received from 
the Commissioner.
    Section 159.38 is amended to provide that for purposes of 
calculating estimated duties, the Center director, rather than the port 
director, shall use the rate or rates appearing to be applicable under 
the instructions in this subpart to the merchandise involved. When it 
is not yet known what certified rate or rates are applicable or no rate 
has been certified, the Center director, rather than the port director, 
shall take into account all the information in his possession and shall 
use the highest rate or combination of rates (i.e., the rate or 
combination of rates showing the highest amount of United States 
money), certified or uncertified as the case may be, which could be 
applicable.
    Section 159.44 is amended to provide that whenever it appears that 
imported articles may be subject to the special duties provided for in 
section 802, Act of September 8, 1916 (15 U.S.C. 73), the Center 
director, rather than the port director, shall report the matter to the 
Commissioner of Customs and await instructions with respect to the 
imposition of such duties.
    Section 159.58(a) is amended to provide that upon receipt of 
notification from the Commissioner, the Center director will suspend 
liquidation on merchandise entered, or withdrawn from warehouse, for 
consumption, on or after the date of publication of the ``Notice of 
Preliminary Affirmative Antidumping Determination,'' ``Notice of Final 
Affirmative Antidumping Determination'' or ``Notice of Violation of 
Agreement'' as provided by part 353, chapter III, of this title. The 
Center director will immediately notify the importer, consignee, or 
agent of each entry of merchandise in question with respect to which 
liquidation is suspended.
    Section 159.58(b) is amended to provide that upon receipt of 
notification from the Commissioner, the Center director will suspend 
liquidation on merchandise entered, or withdrawn from warehouse, for 
consumption, on or after the date of publication of the ``Notice of 
Preliminary Affirmative Countervailing Duty Determination,'' ``Notice 
of Final Affirmative Countervailing Duty Determination'' or ``Notice of 
Violation of Agreement,'' as provided by part 355, Chapter III, of this 
title. The Center director will immediately notify the importer, 
consignee, or agent of each entry of merchandise in question with 
respect to which liquidation is suspended.

Z. Part 161--General Enforcement Provisions

    Section 161.16 concerns the filing of a claim for informant 
compensation. Paragraph (b) is amended to provide that the Special 
Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland 
Security Investigations will forward the form to the Center director 
(rather than the port director), who will make a recommendation on the 
form as to approval and the amount of the award. The Center director, 
rather than the port director, will forward the form to CBP 
Headquarters for action. If for any reason a claim has not been 
transmitted by the Center director, the claimant may apply directly to 
CBP Headquarters.

AA. Part 162--Inspection, Search, and Seizure

    Section 162.74(c) is amended to provide that concerning prior 
disclosures, after Headquarters reviews the actual loss of duties, 
taxes and fees and renders its decision, the concerned Fines, 
Penalties, and Forfeitures Officer will be notified and the concerned 
Center director, rather than the CBP port, will recalculate the loss, 
if necessary, and notify the disclosing party of any actual loss of 
duties, taxes or fees increases.
    Section 162.80(a)(1) is amended to provide that when an entry is 
the subject of an investigation for possible violation of section 592, 
Tariff Act of 1930, as amended (19 U.S.C. 1592), or of a penalty action 
established under that section, the Center director, rather than the 
port director, subject to the provisions of paragraph (a)(2) of this 
section, may liquidate the entry and CBP, either at the port of entry 
or electronically, may collect duties before the conclusion of the 
investigation or final disposition of the penalty action if the Center 
director, rather than the port director, determines that liquidation 
would be in the interest of the Government. The language ``CBP, either 
at the port of entry or electronically'' here means that the importer 
may use the means of submission currently permitted; however, the 
authority to collect the duties is being extended to personnel working 
for either the port director or the Center director.
    Section 162.80(a)(2)(i) is amended to provide that an entry not 
liquidated within one (1)-year from the date of entry or final 
withdrawal of all merchandise covered by a warehouse entry shall be 
deemed liquidated at the rate of duty, value, quantity, and amount of 
duties asserted at the time of entry by the importer, his consignee, or 
agent unless the time for liquidation is extended by the Center 
director (rather than the port director) because of certain 
circumstances delineated in Sec.  162.80(a)(2)(i)(A)-(C).
    Section 162.80(a)(2)(iii) is amended to provide that the Center 
director, rather than the port director, promptly shall notify the 
importer or consignee concerned and any authorized agent and surety of 
the importer or consignee in writing of any extension or suspension of 
the liquidation period.

BB. Part 163--Recordkeeping

    Section 163.1(a)(2)(vii) is amended to provide that the maintenance 
of any documentation that the importer may have in support of a claim 
for preferential tariff treatment under the United States-Singapore 
Free Trade Agreement (SFTA), including a SFTA importer's supporting 
statement if previously required by the port director or Center 
director before January 19, 2017, or the Center director on or after 
January 19, 2017. This section is being amended to include date ranges 
because the decision to require a SFTA importer's supporting statement 
made prior to the effective date of these regulatory amendments will 
have been made by the port director or Center director (pursuant to the 
Delegation Order described in section I.B. of the Background section of 
this document) and the decision made on or after the effective date of 
these regulatory amendments will be made by the Center director.
    Section 163.7(a) is amended by including Center directors to the 
list of individuals, who may in certain noted situations, issue a 
summons requiring a person within a reasonable period of time to appear 
before the appropriate CBP officer and to produce records or give 
relevant testimony under oath or both.
    The appendix to part 163 is amended at section 10.512 of part IV to 
add the

[[Page 92999]]

Center director to the port director regarding importer's supporting 
statements related to Singapore Free Trade Agreement claims before the 
effective date of this document and changing port director to Center 
director for importer's supporting statements on or after the effective 
date of this document.

CC. Part 173--Administrative Review in General

    Section 173.1 is amended to provide that Center directors, rather 
than port directors, have broad responsibility and authority to review 
transactions to ensure that the rate and amount of duty assessed on 
imported merchandise is correct and that the transaction is otherwise 
in accordance with the law.
    Section 173.2 is amended to provide that the Center director, 
rather than the port director, may review transactions for correctness, 
and take appropriate action under his general authority to correct 
errors, including those in appraisement where appropriate, at the time 
of: (a) Liquidation of an entry; (b) Voluntary reliquidation completed 
within 90 days after liquidation; (c) Voluntary correction of an 
exaction within 90 days after the exaction was made; (d) Reliquidation 
made pursuant to a valid protest covering the particular merchandise as 
to which a change is in order; or (e) Modification, pursuant to a valid 
protest, of a transaction or decision which is neither a liquidation or 
reliquidation.
    Section 173.3(a) is amended to provide that the Center director, 
rather than the port director, may reliquidate on his own initiative a 
liquidation or a reliquidation to correct errors in appraisement, 
classification, or any other element entering into the liquidation or 
reliquidation, including errors based on misconstruction of applicable 
law. A voluntary reliquidation may be made even though a protest has 
been filed, and whether the error is discovered by the Center director 
or is brought to his attention by an interested party.
    Section 173.4(a) is amended to provide that even though a valid 
protest was not filed, the Center director, rather than the port 
director, upon timely application and for entries of merchandise made, 
or withdrawn from warehouse for consumption, before December 18, 2004, 
may correct pursuant to section 520(c)(1), Tariff Act of 1930, as 
amended, a clerical error, mistake of fact, or other inadvertence 
meeting the requirements of Sec.  173.4(a)(1), by reliquidation or 
other appropriate action.
    Section 173.4(a)(2) is amended to provide that a clerical error, 
mistake of fact, or other inadvertence meeting the requirements of 
Sec.  173.4(a)(1) must be brought to the attention of the Center 
director or other appropriate CBP officer within 1 year after the date 
of liquidation or exaction. The term ``other appropriate CBP officer'' 
includes personnel working for the port director.
    Section 173.4a is amended to provide that pursuant to section 
520(a)(4), Tariff Act of 1930, as amended (19 U.S.C. 1520(a)(4)), the 
Center director, rather than the port director may, prior to 
liquidation of an entry, take appropriate action to correct a clerical 
error that resulted in the deposit or payment of excess duties, fees, 
charges, or exactions.

DD. Part 174--Protests

    Section 174.0 is amended to provide that part 174 deals with the 
administrative review of decisions of the both the port director and 
Center director.
    Section 174.3(b)(1) states that a corporate power of attorney to 
file protests shall be signed by a duly authorized officer or employee 
of the corporation. Paragraph (b)(1) is amended to provide that if the 
Center director, rather than the port director, is otherwise satisfied 
as to the authority of such corporate officer or employee to grant such 
power of attorney, compliance with the requirements of Sec.  141.37 of 
this chapter may be waived with respect to such power.
    Section 174.3(c) is amended to provide that powers of attorney 
issued by a partnership shall be limited to a period not to exceed 2 
years from the date of receipt thereof by the Center director. The date 
on which the power of attorney information is input into CBP's 
authorized electronic data interchange system will be considered the 
date of receipt by the Center director.
    Section 174.3(d) is amended to provide that any power of attorney 
shall be subject to revocation at any time by written notice given to 
and received by CBP, either at the port of entry or electronically. The 
language ``CBP, either at the port of entry or electronically'' here 
means that the importer may use the means of submission currently 
permitted; however, the authority to collect the notice is being 
extended to personnel working for either the port director or the 
Center director.
    Section 174.12(d) is amended by removing the words ``port director 
whose decision is protested'' and replacing it with ``CBP, either at 
the port of entry or electronically''. The language ``CBP, either at 
the port of entry or electronically'' here means that the importer may 
use the means of submission currently permitted; however, the authority 
to receive the protest is being extended to personnel working for 
either the port director or the Center director.
    Section 174.13(b) is amended to provide that a single protest may 
be filed with respect to more than one entry with CBP, either at any 
port or electronically, if all such entries entries involve the same 
protesting party, and if the same category of merchandise and a 
decision or decisions common to all entries are the subject of the 
protest. The language ``with CBP, either at any port or 
electronically'' here means that the importer may choose the means of 
submission; however, the authority to receive the protest is being 
extended to personnel working for either the port director or the 
Center director.
    Section 174.14(e) is amended to provide that rather than the 
amendment to a protest being filed with the port director with whom the 
protest was filed, an amendment to a protest shall be filed with CBP, 
either at the port of entry or electronically. The language ``CBP, 
either at the port of entry or electronically'' here means that the 
importer may use the means of submission currently permitted; however, 
the authority to receive the protest is being extended to personnel 
working for either the port director or the Center director.
    Section 174.15(b)(2) is amended to provide that consolidation of 
protests under Sec.  174.15(a) may be done by the port director or 
Center director, before January 19, 2017, or the Center director on or 
after January 19, 2017. The Center director is included for the dates 
prior to the effective date of this document because under the Center 
test, protests for the test participants were processed and decided 
upon by the Center director. Moreover, pursuant to the Delegation Order 
(described in section I.B. of the Background section of this document) 
protests may have been processed and decided upon by the Center 
director as well. Therefore, before the effective date of this 
document, the consolidation of protests may be done by the port 
director or Center director, and on or after the effective date of this 
document, any consolidation of protests covered by this provision will 
be handled by the Center director, rather than by the port director.
    Section 174.16 is amended to provide that a protest shall not be 
filed against the reliquidation decision of the port director or Center 
director made before

[[Page 93000]]

January 19, 2017, or the reliquidation decision of the Center director 
made on or after January 19, 2017, upon any question not involved in 
the reliquidation. The Center director is included for the dates prior 
to the effective date of this document because under the Center test, 
reliquidation determinations for the test participants were made by the 
Center director and pursuant to the Delegation Order (described in 
section I.B. of the Background section of this document), reliquidation 
determinations for others may have been made by the Center director as 
well. Moreover, on or after the effective date of this document, 
reliquidation determinations will be made by the Center director, 
rather than by the port director.
    Section 174.21(a) is amended to provide that, except as provided in 
Sec.  174.21(b), the Center director, rather than the port director, 
shall review and act on a protest filed in accordance with section 514, 
Tariff Act of 1930, as amended (19 U.S.C. 1514), within 2 years from 
the date the protest was filed.
    Section 174.21(b) is amended to provide that if the protest relates 
to an administrative action involving exclusion of merchandise from 
entry or delivery under any provision of the Customs laws, the Center 
director, rather than the port director, shall review and act on a 
protest filed in accordance with section 514(a)(4), Tariff Act of 1930, 
as amended (19 U.S.C. 1514(a)(4)), within 30 days from the date the 
protest was filed.
    Section 174.22(a) is amended to provide that written requests for 
accelerated disposition of protests may be filed with the port 
director, Center director, or other CBP officer with whom the protest 
was filed. Accordingly, the authority to receive the written requests 
for accelerated disposition of protests resides with personnel working 
for either the port director or the Center director.
    Section 174.22(c) is amended to provide that the Center director 
shall review the protest which is the subject of the request for 
accelerated disposition within 30 days from the date of mailing of a 
request for accelerated disposition filed in accordance with the 
provisions of Sec.  174.22, and may allow or deny the protest in whole 
or in part.
    Section 174.22(d) is amended to provide that the Center director, 
rather than the port director, will be responsible for allowing or 
denying a protest which is the subject of a request for accelerated 
disposition. As amended, it will be the Center director's, rather than 
the port director's, failure to do so within thirty days from the date 
of mailing such request that will result in the protest being deemed to 
have been denied at the close of the thirtieth day following such date 
of mailing.
    Section 174.23 is amended to provide that a protesting party may 
seek further review of a protest in lieu of review by the Center 
director by filing, on the form prescribed in Sec.  174.25, an 
application for such review within the time allowed and in the manner 
prescribed by Sec.  174.12 for the filing of a protest. The filing of 
an application for further review shall not preclude a preliminary 
examination by the Center director for the purpose of determining 
whether the protest may be allowed in full. If such preliminary 
examination indicates that the protest would be denied in whole or in 
part by the Center director in the absence of an application for 
further review; however, he shall forward the protest and application 
for consideration in accordance with Sec.  174.26.
    Section 174.24 is amended to provide that a further review of a 
protest which would otherwise be denied by the Center director, rather 
than the port director, shall be accorded a party filing an application 
for further review which meets the requirements of Sec.  174.25 when 
the decision against which the protest was filed meets one of the 
listed criteria in Sec.  174.24.
    Section 174.24(a) is amended to state that further review shall be 
accorded when a decision against which the protest was filed is alleged 
to be inconsistent with a ruling of the Commissioner of CBP or his 
designee, or with a decision made by CBP with respect to the same or 
substantially similar merchandise.
    Section 174.24(b) is amended to state that further review shall be 
accorded when a decision against which the protest was filed is alleged 
to involve questions of law or fact which have not been ruled upon by 
the Commissioner of CBP or his designee or by the Customs courts.
    Section 174.24(c) is amended to state that further review shall be 
accorded when a decision against which the protest was filed involves 
matters previously ruled upon by the Commissioner of CBP or his 
designee or by the Customs courts but facts are alleged or legal 
arguments presented which were not considered at the time of the 
original ruling.
    Section 174.24(d) is amended to state that further review shall be 
accorded when a decision against which the protest was filed is alleged 
to involve questions which the Headquarters Office, U.S. Customs and 
Border Protection, refused to consider in the form of a request for 
internal advice pursuant to Sec.  177.11(b)(5).
    Section 174.26(a) is amended to provide that if upon examination of 
a protest for which an application for further review was filed the 
Center director, rather than the port director, is satisfied that the 
claim is valid, he shall allow the protest.
    Section 174.26(b) is amended to provide that if upon examination of 
a protest for which an application for further review was filed the 
Center director, rather than the port director, decides that the 
protest in his judgment should be denied in whole or in part, the 
Center director, rather than the port director, will forward the 
application together with the protest and appropriate documents to be 
reviewed as delineated in Sec.  174.26(b)(1)-(2).
    Section 174.26(b)(2) is amended to provide that all other protests 
shall be reviewed by a designee of the Center director (rather than by 
a designee of the port director) who did not participate directly in 
the decision which is the subject of the protest.
    Section 174.27 is amended to provide that upon completion of 
further review, the protest and appropriate documents forwarded for 
review shall be returned to the Center director, rather than the port 
director, together with directions for the disposition of the protest.
    Section 174.29 is amended to provide that the Center director, 
rather than the port director, shall allow or deny in whole or in part 
a protest filed in accordance with section 514, Tariff Act of 1930, as 
amended, (19 U.S.C. 1514) within 2 years from the date the protest was 
filed. If the protest is allowed in whole or in part the Center 
director, rather than the port director, shall remit or refund any 
duties, charge, or exaction found to have been collected in excess, or 
pay any drawback found due. Moreover, the section is amended to provide 
that if the protest is denied in whole or in part the Center director, 
rather than the port director, shall give notice of the denial in the 
form and manner prescribed in Sec.  174.30.
    Section 174.30(b) is amended to provide that the importer of record 
or consignee may give notice to CBP, either at the port of entry or 
electronically, instructing that notice of denial of any protest 
involving merchandise imported in his name or on his behalf shall be 
mailed to a person other than the person filing such protest or the 
designee of such person. This document also amends the provision to 
note that notice of denial of a protest shall be mailed to the 
substituted person so designated only if the notice of substitution is

[[Page 93001]]

received by CBP prior to a denial by him of such protest. The language 
``CBP, either at the port of entry or electronically'' here means that 
the importer of record or consignee may use the means of submission 
currently permitted; however, the authority to receive the notice is 
being extended to personnel working for either the port director or the 
Center director.
    Section 174.30(c) is amended to provide that the Center director, 
rather than the port director, shall note on the notice of denial of a 
protest the payment of all liquidated duties, charges, or exactions, if 
he has actual knowledge of such payment at the time that the protest is 
denied.

EE. Part 176--Proceedings in the Court of International Trade

    Section 176.1 is amended to provide that when an action is 
initiated in the Court of International Trade a copy of the summons 
shall be served in the manner prescribed by the Court of International 
Trade upon the CBP official(s) who denied the protest(s), and an 
additional copy shall be served upon the Assistant Chief Counsel for 
Court of International Trade Litigation, United States Customs and 
Border Protection, 26 Federal Plaza, New York, N.Y. 10007. The term 
``CBP official(s)'' is added here in place of ``director of each port 
where a protest cited in the summons was denied'' because the protest 
may have been denied by either a CBP employee working for either the 
Center director or the port director depending on the date on which the 
protests were denied.

FF. Part 181--North American Free Trade Agreement

    Section 181.12(b)(1) is amended by noting that for purposes of 
determining compliance with the provisions of part 181 (19 CFR part 
181), the records required to be maintained under Sec.  181.12 shall be 
made available for examination and inspection by the Center director or 
other appropriate Customs officer in the same manner as provided in 
part 163 of this chapter in the case of U.S. importer records.
    Section 181.22(b) is amended to provide that an importer who claims 
preferential tariff treatment on a good under Sec.  181.21 shall 
provide, at the request of the Center director, rather than the port 
director, a copy of each Certificate of Origin pertaining to the good 
which is in the possession of the importer.
    Section 181.22(b)(3) is amended to provide that a Certificate of 
Origin submitted to CBP under Sec.  181.22(b) or under Sec.  
181.32(b)(3) shall be completed either in the English language or in 
the language of the country from which the good is exported. If the 
Certificate is completed in a language other than English, the importer 
shall also provide to the Center director (rather than the port 
director), upon request, a written English translation thereof.
    Section 181.22(c) is amended to provide that a Certificate of 
Origin shall be accepted by the Center director, rather than the port 
director, as valid for the purpose set forth in Sec.  181.11(a), 
provided that the Certificate is completed, signed and dated in 
accordance with the requirements of Sec.  181.22(b). The paragraph is 
also amended to provide that if the Center director, rather than the 
port director, determines that a Certificate is illegible or defective 
or has not been completed in accordance with Sec.  181.22(b), the 
importer shall be given a period of not less than five working days to 
submit a corrected Certificate. Acceptance of a Certificate will result 
in the granting of preferential tariff treatment to the imported good 
unless, in connection with an origin verification initiated under 
subpart G of part 181 (19 CFR part 181) or based on a pattern of 
conduct within the meaning of Sec.  181.76(c), the Center director 
determines that the imported good does not qualify as an originating 
good or should not be accorded such treatment for any other reason as 
specifically provided for elsewhere in part 181 (19 CFR part 181). A 
Certificate shall not be accepted in connection with subsequent 
importations during a period referred to in Sec.  181.22(b)(5)(ii) if, 
based on an origin verification under subpart G of part 181 (19 CFR 
part 181), the Center director, rather than the port director, 
determined that a previously imported identical good covered by the 
Certificate did not qualify as an originating good.
    Section 181.22(d)(1)(i) is amended to provide that except as 
otherwise provided in Sec.  181.22(d)(2), an importer shall not be 
required to have a Certificate of Origin in his possession for an 
importation of a good for which the port director or Center director 
before January 19, 2017, or the Center director on or after January 19, 
2017, has in writing waived the requirement for a Certificate of Origin 
because the port director or Center director is otherwise satisfied 
that the good qualifies for preferential tariff treatment under the 
NAFTA. This provision is amended to include reference to dates before 
and after the effective date of this document in the Federal Register 
because the port director or the Center director (pursuant to the 
Center test or the Delegation Order described in section I.B. of the 
Background section of this document), may have waived the Certificate 
of Origin before the effective date of this document in the Federal 
Register and only the Center director may waive the Certificate of 
Origin on or after the effective date of this document in the Federal 
Register.
    Section 181.22(d)(1)(iii) is amended to provide that except as 
otherwise provided in Sec.  181.22(d)(2), an importer shall not be 
required to have a Certificate of Origin in his possession for a 
commercial importation for which the total value of originating goods 
does not exceed US$2,500, provided that, unless waived by the Center 
director (rather than the port director), the producer, exporter, 
importer or authorized agent includes on, or attaches to, the invoice 
or other document accompanying the shipment the signed statement as 
noted in Sec.  181.22(d)(1)(iii).
    Section 181.22(d)(2) is amended to provide that if the Center 
director, rather than the port director, determines that an importation 
described in Sec.  181.22(d)(1) forms part of a series of importations 
that may reasonably be considered to have been undertaken or arranged 
for the purpose of avoiding a certification requirement set forth in 
part 181 (19 CFR part 181), the Center director, rather than the port 
director, shall notify the importer in writing that for that 
importation the importer must have in his possession a valid 
Certificate of Origin to support the claim for preferential tariff 
treatment.
    Section 181.23(a) is amended to note that if the importer fails to 
comply with any requirement under part 181 (19 CFR part 181), including 
submission of a Certificate of Origin under Sec.  181.22(b) or 
submission of a corrected Certificate under Sec.  181.22(c), the Center 
director, rather than the port director, may deny preferential tariff 
treatment to the imported good.
    Section 181.23(b) is amended to provide that where the requirements 
for preferential tariff treatment set forth elsewhere in part 181 (19 
CFR part 181) are met, the Center director, rather than the port 
director, nevertheless may deny preferential tariff treatment to an 
originating good if the good is shipped through or transshipped in a 
country other than the United States, Canada or Mexico and the importer 
of the good does not provide, at the request of the Center director, 
copies of the customs control documents that indicate to the 
satisfaction of the Center director that the good remained under 
customs control while in such other country.
    Section 181.32(a) is amended to require that a post-importation 
claim for a refund under Sec.  181.31 be filed with

[[Page 93002]]

CBP, either at the port of entry or electronically. The language ``CBP, 
either at the port of entry or electronically'' here means that the 
means of submission currently permitted may be used; however, the 
authority to receive the post-importation claim for a refund is being 
extended to personnel working for either the port director or the 
Center director.
    Section 181.33(a) is amended to provide that after receipt of a 
post-importation claim under Sec.  181.32, the Center director, rather 
than the port director, shall determine whether the entry covering the 
good has been liquidated and, if liquidation has taken place, whether 
the liquidation has become final.
    Section 181.33(b) is amended to provide that if the Center 
director, rather than the port director, determines that any protest or 
any petition or request for reliquidation relating to the good has not 
been finally decided, the Center director, rather than the port 
director, shall suspend action on the claim filed under this subpart 
until the decision on the protest, petition or request becomes final. 
If a summons involving the tariff classification or dutiability of the 
good is filed in the Court of International Trade, the Center director, 
rather than the port director, shall suspend action on the claim filed 
under this subpart until judicial review has been completed.
    Section 181.33(c)(1) is amended to provide that if the Center 
director, rather than the port director, determines that a claim for a 
refund filed under this subpart should be allowed and the entry 
covering the good has not been liquidated, the Center director, rather 
than the port director, shall take into account the claim for refund 
under this subpart in connection with the liquidation of the entry.
    Section 181.33(c)(2) is amended to provide that if the Center 
director, rather than the port director, determines that a claim for a 
refund filed under subpart D of part 181 (19 CFR part 181, subpart D) 
should be allowed and the entry covering the good has been liquidated, 
whether or not the liquidation has become final, the entry must be 
reliquidated in order to effect a refund of duties pursuant to this 
subpart. If the entry is otherwise to be reliquidated based on 
administrative review of a protest or petition for reliquidation or as 
a result of judicial review, the Center director, rather than the port 
director, shall reliquidate the entry taking into account the claim for 
refund under this subpart.
    Section 181.33(c)(3) is amended to provide that if any information 
is provided to Customs pursuant to Sec.  181.32(b)(4) or (5) of part 
181 (19 CFR part 181), that information, together with notice of the 
allowance of the claim and the amount of duty refunded pursuant to this 
subpart, shall be provided by the Center director, rather than the port 
director, to the customs administration of the country from which the 
good was exported.
    Section 181.33(d)(1) is amended to provide that the Center 
director, rather than the port director, may deny a claim for a refund 
filed under this subpart if the claim was not filed timely, if the 
importer has not complied with the requirements of this subpart, if the 
Certificate of Origin submitted under Sec.  181.32(b)(3) of part 181 
(19 CFR part 181) cannot be accepted as valid (see Sec.  181.22(c)), or 
if, following initiation of an origin verification under Sec.  
181.72(a), the Center director, rather than the port director, 
determines either that the imported good did not qualify as an 
originating good at the time of importation or that a basis exists upon 
which preferential tariff treatment may be denied under Sec.  
181.72(d), Sec.  181.74(c) or Sec.  181.76(c).
    Section 181.33(d)(2) is amended to provide that if the Center 
director, rather than the port director, determines that a claim for a 
refund filed under this subpart should be denied and the entry covering 
the good has not been liquidated, the Center director, rather than the 
port director, shall deny the claim in connection with the liquidation 
of the entry, and written notice of the denial and the reason therefor 
shall be given to the importer and, in the case of a denial on the 
merits, to any person who completed and signed a Certificate of Origin 
relating to the good.
    Section 181.33(d)(3) is amended to provide that if the Center 
director, rather than the port director, determines that a claim for a 
refund filed under subpart D of part 181 (19 CFR part 181, subpart D) 
should be denied and the entry covering the good has been liquidated, 
whether or not the liquidation has become final, the claim may be 
denied without reliquidation of the entry. If the entry is otherwise to 
be reliquidated based on administrative review of a protest or petition 
for reliquidation or as a result of judicial review, such reliquidation 
may include denial of the claim filed under this subpart. In either 
case, the Center director, rather than the port director, shall give 
written notice of the denial and the reason therefor to the importer 
and, in the case of a denial on the merits, to any person who completed 
and signed a Certificate of Origin relating to the good.
    Section 181.64(c)(2) is amended to provide that Center director, 
rather than the port director, may require such additional 
documentation as is deemed necessary to prove actual exportation of the 
goods from the United States for repairs or alterations, such as a 
foreign customs entry, a foreign customs invoice, a foreign landing 
certificate, bill of lading, or airway bill.
    Section 181.64(c)(3) is amended to provide that if the Center 
director, rather than the port director, is satisfied, because of the 
nature of the goods or production of other evidence, that the goods are 
imported under circumstances meeting the requirements of Sec.  181.64, 
he may waive submission of the declarations provided for in Sec.  
181.64(c)(1).
    Section 181.64(c)(4) is amended to provide that for goods returned 
after having been repaired or altered in Canada other than pursuant to 
a warranty, the Center director, rather than the port director, shall 
require a deposit of estimated duties based upon the full cost or value 
of the repairs or alterations. The paragraph is also amended to provide 
that the duties must be deposited with CBP, either at the port of entry 
or electronically. The language ``CBP, either at the port of entry or 
electronically'' here means that the means of submission currently 
permitted may be used; however, the authority to collect the duties is 
being extended to personnel working for either the port director or the 
Center director.
    Section 181.112(a) is amended to provide that the term ``Adverse 
marking decision'' means a decision made by the port director or Center 
director before January 19, 2017, or the Center director on or after 
January 19, 2017, which an exporter or producer of merchandise believes 
to be contrary to the provisions of Annex 311 of the NAFTA and which 
may be protested by the importer pursuant to Sec.  514, Tariff Act of 
1930, as amended (19 U.S.C. 1514), and part 174 of this chapter. The 
paragraph is also amended to provide that examples of adverse marking 
decisions include determinations by the port director or Center 
director before January 19, 2017, or the Center director on or after 
January 19, 2017: that an imported article is not a good of a NAFTA 
country, as determined under the Marking Rules, and that it therefore 
cannot be marked ``Canada'' or ``Mexico''; that a good of a NAFTA 
country is not marked in a manner which is sufficiently permanent; and 
that a good of a NAFTA country does not qualify for an exception from 
marking specified in Annex 311 of the NAFTA. The Center

[[Page 93003]]

director is included for the dates prior to the effective date of this 
document because under the Center test this provision was waived to the 
extent to allow adverse marking decisions for the test participants to 
be made by the Center director. Moreover, before the effective date of 
this document, the Center director may have made adverse marking 
decisions pursuant to the Delegation Order (described in section I.B. 
of the Background section of this document). However, on and after the 
effective date of this document, any adverse marking decisions 
concerning this provision will be handled by the Center director, 
rather than by the port director.
    Section 181.113(a) is amended to provide that the exporter or 
producer of the merchandise which is the subject of an adverse marking 
decision may request a statement concerning the basis for the decision 
by filing a typewritten request, in English, with CBP, either at the 
port of entry or electronically. The language ``CBP, either at the port 
of entry or electronically'' here means that the means of submission 
currently permitted may be used; however, the authority to receive the 
petition is being extended to personnel working for either the port 
director or the Center director and the request may be submitted 
electronically.
    Section 181.114(a) is amended to provide that the Center director, 
rather than the port director, will issue a written response to the 
requestor within 30 days of receipt of a request containing the 
information specified in Sec.  181.113. If the request is incomplete, 
such that the transaction in question cannot be identified, the Center 
director, rather than the port director, will notify the requestor in 
writing within 30 days of receipt of the request regarding what 
information is needed.
    Section 181.114(b) is amended to reflect that the Center director, 
rather than the port director, will be providing the response noted in 
Sec.  181.114(a).
    Section 181.115(b) is amended by removing the words ``port director 
with whom the protest was filed'' and adding in their place the words 
``Center director'' to reflect that if an exporter or producer of 
merchandise want to intervene in an importer's protest of an adverse 
marking decision, the party must file their intervention with the 
Center director.
    Section 181.115(e) is amended to provide that if final 
administrative action has already been taken with respect to the 
importer's protest at the time the intervention is filed, the Center 
director, rather than the port director, shall so advise the exporter 
or producer and, if the importer has filed a civil action in the Court 
of International Trade as a result of a denial of the protest, the 
Center director, rather than the port director, shall advise the 
exporter or producer of that filing and of the exporter's or producer's 
right to seek to intervene in such judicial proceeding. If final 
administrative action has not been taken on the protest, the Center 
director, rather than the port director, shall forward the intervention 
letter to the CBP office which has the importer's protest under review 
for consideration in connection with the protest.
    Section 181.116(a) is amended to provide that if the importer filed 
a protest on which final administrative action has not been taken and 
notice of the pending protest was not provided to the exporter or 
producer under Sec.  181.114, a petition filed under Sec.  181.116 
shall be treated by the Center director, rather than the port director, 
as an intervention under Sec.  181.115.
    Section 181.116(b) is amended to provide that a petition under 
Sec.  181.115 shall be typewritten, in English, and shall be filed, in 
triplicate, with the port of entry or filed electronically with CBP.
    Section 181.116(d)(1) is amended to provide that within 60 days of 
the date of receipt of the petition, the Center director, rather than 
the port director, shall determine if the petition is to be granted or 
denied, in whole or in part. The paragraph is also amended to provide 
that if, after reviewing the petition, the Center director, rather than 
the port director, agrees with all of the petitioner's claims and 
determines that the initial adverse marking decision was not correct, a 
written notice granting the petition shall be issued to the petitioner. 
The paragraph is also amended to provide that a description of the 
merchandise, a brief summary of the issue(s) and the Center director's 
findings shall be forwarded to the Director, Tariff Classification 
Appeals Division, Customs Headquarters, for publication in the Customs 
Bulletin. The paragraph is further amended to provide that if, after 
reviewing the petition, the Center director, rather than the port 
director, determines that the initial adverse marking decision was 
correct in its entirety, a written notice shall be issued to the 
petitioner advising that the matter has been forwarded to the Director, 
Tariff Classification Appeals Division, Customs Headquarters, for 
further review and decision. Finally, the paragraph is amended to 
provide that all relevant background information, including available 
samples, a description of the adverse marking decision and the reasons 
for the decision, and the Center director's recommendation shall be 
furnished to Headquarters.
    Section 181.121 is amended by removing the words ``port director or 
other Customs officer'' and adding in their place the words ``port 
director, Center director, or other CBP officer'' to specify that 
Center directors, in addition to port directors and other CBP officers 
who have possession of confidential business information collected 
pursuant to part 181 (19 CFR part 181) shall, in accordance with part 
103 (19 CFR part 103), maintain its confidentiality and protect it from 
any disclosure that could prejudice the competitive position of the 
persons providing the information.

IV. Statutory and Regulatory Requirements

A. Executive Order 13563 (Improving Regulation and Regulatory Review) 
and Executive Order 12866 (Regulatory Planning and Review)

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget.
1. Purpose of the Rule
    Prior to the launch of the Centers test, CBP port directors 
overseeing imports were solely responsible for facilitating lawful 
importation; protecting U.S. revenue by assessing and collecting 
customs duties, taxes and fees; and detecting, interdicting, and 
investigating illegal international trafficking in arms, munitions, 
counterfeit goods, currency, and acts of terrorism at their U.S. port 
of entry. Historically, when a shipment reached the United States, the 
importer of record (i.e., the owner, purchaser, or licensed customs 
broker designated by the owner, purchaser, or consignee) would file 
entry documents and a bond for the imported goods with the director of 
the port where the merchandise was entered. If necessary, CBP staff 
working under the port director would then hold or examine the shipment 
or validate the entry documents to ensure the

[[Page 93004]]

merchandise's safety, security, and customs compliance with U.S. 
importing guidelines, or its general admissibility. The port director 
would release the shipment from CBP custody if no legal or regulatory 
violations occurred, allowing post-cargo release (hereafter, post-
release) processing to commence. Within 10 working days of the 
merchandise's entry at a designated customhouse, CBP would require the 
importer to file entry summary documentation consisting of a return of 
the entry package to the importer, broker, or his authorized agent 
after merchandise is permitted release and an entry summary (CBP Form 
7501), and to deposit any estimated duties on the shipment. In some 
cases, CBP would send a formal request for other invoices and documents 
(via a CBP Form 28: Request for Information) to the importer to assess 
duties, collect statistics, or determine that import requirements have 
been satisfied prior to processing the entry summary. Before completing 
the importation process, CBP Import Specialists and Entry Specialists 
working under the port director would review and process all entry 
summary and related documentation; classify and appraise the 
merchandise; collect final duties, taxes, and fees on the goods 
entered; and liquidate entry summaries. If necessary, these CBP trade 
personnel would also review and process protests, perform importer 
interviews, initiate monetary trade penalties, and initiate liquidated 
damages cases. Due to CBP's port-by-port trade processing authority and 
scope, the length, holds, exams, document submission requirements, and 
determinations of cargo entry and release vary widely among ports of 
entry. Importers often claim to receive disparate processing treatment 
for similar goods entered at different ports of entry, causing trade 
disruptions, increased transaction costs, and information lapses for 
not only the importer but also CBP. With an intent to facilitate trade, 
provide consistent import processing treatment, reduce transaction 
costs, and strengthen the agency's trade knowledge and enforcement 
posture, CBP began testing an organizational concept in 2011 that 
grouped agency trade expertise and operational responsibilities by 
industry and related import accounts into designated Centers of 
Excellence and Expertise.
    Since their test implementation, the Centers have successfully met 
their trade enhancement goals. Based on such success, CBP would like to 
discontinue the Centers test and establish the Centers as permanent 
organizational components of CBP through regulatory amendments.
    With this rule, CBP will formally transition certain trade 
enforcement responsibilities in addition to the majority of post-
release trade functions from the purview of port directors to Center 
directors.\1\ Port directors will continue to retain singular authority 
over regulations pertaining to the control, movement, examination, and 
release of cargo. The Centers will focus on nationwide entry summary 
processing and other trade oversight on a per-importer account basis 
through a virtual means, which will replace traditional post-release 
import processing per entry at each port of entry with processing by a 
single assigned Center according to the importer account. To conduct 
such national, industry-focused processing, CBP will permanently staff 
the Centers with personnel specializing in trade matters through an 
internal realignment, which will impose no costs onto CBP. All Centers 
personnel will remain at their current location, primarily at ports of 
entry, to stay accessible to the trade community and to continue to 
assist with enforcement and compliance issues that arise at ports of 
entry with the physical importation of cargo. CBP will remotely manage 
employees through multidisciplinary teams located across the nation, 
thereby enabling CBP to extend the Centers' hours of service to trade 
members, maintain a high level of industry expertise in major port 
cities, and staff Centers with industry experts from across the 
country.
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    \1\ See the ``Explanation of Amendments'' section for a detailed 
list of trade function transitions occurring with this rule.
---------------------------------------------------------------------------

2. Costs and Benefits of Rule
    In this regulatory impact analysis, CBP discusses the costs and 
benefits that CBP and trade members will experience with the regulatory 
implementation of the Centers of Excellence and Expertise in 
qualitative and, when possible, quantitative terms. CBP excludes any 
sunk costs already incurred during the Centers test phase from this 
assessment as such costs are not a result of this rule. The document 
``Program Assessment of the Centers of Excellence and Expertise,'' 
available in the docket for this rulemaking, assesses certain impacts 
of the Centers test phase.
a. Costs
    This rule will introduce minimal costs to CBP and the trade 
community because it largely meets its objectives through low- to no-
cost internal organization changes. The transition of post-release 
import processing and trade-related responsibilities from ports of 
entry to Centers will not affect the duties, taxes, and fees payment 
and entry summary submission process for importers, nor will it 
adversely impact other post-release activities (e.g., processing duty 
refund claims, reviewing protests). Even with the Centers, importers 
may continue to file payments and paper entry summary documentation to 
CBP either at the port of entry or electronically. All payments from 
the trade community, whether submitted to a Center, at a port of entry, 
or electronically, will continue to go directly to CBP's Office of 
Administration. If trade enforcement or post-release processing issues 
emerge, CBP will maintain its formal importer notification and remedy 
process. Upholding these administrative processes will generate no 
related costs to the agency. CBP will only experience costs from this 
rule with regards to entry summary document rerouting and Center 
assignment appeals.
    Following this rule's implementation, if an importer or broker 
submits paper entry summary documentation at a port of entry without an 
appropriate Center representative on site, CBP staff at the port will 
reroute the documents internally by electronic means to the Center 
assigned to manage the importer's account. This electronic rerouting 
system will not introduce costs to CBP because the agency created such 
necessary technological capabilities during the Centers test phase. 
However, document rerouting will create time, or opportunity, costs. 
CBP estimates that it will need to reroute 9,000 entry summary 
documents each year based on historical paper documentation rerouting 
needs and an anticipated lack of physical Center representation at 
certain ports of entry.\2\ This estimate does not take into account CBP 
system enhancements recently completed and in development that would 
minimize document rerouting costs. Each document will take a CBP port 
employee an average of 8 minutes (0.13 hours) to reroute electronically 
to the appropriate Center.\3\ Multiplying this time burden by the 
projected number of forms rerouted per year, CBP finds that CBP will 
incur an annual time burden of 1,200 hours to reroute paper 
documentation for post-release processing.
---------------------------------------------------------------------------

    \2\ Source: CBP's Office of Field Operations, January 15, 2015.
    \3\ Source: CBP's Office of Field Operations, January 15, 2015.

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[[Page 93005]]

    In addition to sustaining document rerouting costs on account of 
the Centers, CBP will experience costs from processing (i.e., reviewing 
and making a determination on) Center assignment appeals. Generally, 
CBP will assign each importer to a specific Center based on the HTSUS 
classification and industry sector corresponding to the predominant 
number of goods they import.\4\ If an importer is displeased with their 
Center assignment, they may appeal it at any time by submitting a 
written appeal to CBP by mail or email. Appeals must include the 
following information: (1) Current Center assignment; (2) Preferred 
Center assignment; (3) All affected IOR numbers and associated bond 
numbers; (4) Written justification for the change in Center assignment; 
and (5) Import data, as described in the ``Finalization of the Centers 
of Excellence and Expertise Test'' section. CBP projects that importers 
will file a total of 60 Center assignment appeals each year.\5\ Each 
appeal will take an estimated 60 minutes (1 hour), on average, for CBP 
Headquarters staff to process.\6\ CBP will generally notify trade 
members of its Center appeal decisions by electronic means, thus 
imposing no additional cost to the agency.\7\ Based on the expected 
number of Center appeals submitted annually and CBP's time burden to 
manage each appeal, CBP will sustain a yearly time burden of 60 hours 
from this rule's Center assignment appeals process.
---------------------------------------------------------------------------

    \4\ The list of HTSUS numbers that will be used by CBP for the 
importer's placement in a Center is the same list of HTSUS numbers 
that are referenced in the definition for Centers (see Sec.  101.1). 
Factors that may cause CBP to place an importer in a Center not 
based on the HTSUS classification of the predominant number of goods 
imported include the importer's associated business practices within 
an industry, the intended use of the predominant number of goods 
imported, or the high relative value of goods imported.
    \5\ Source: CBP's Office of Field Operations, January 15, 2015.
    \6\ Source: CBP's Office of Field Operations, January 15, 2015.
    \7\ Source: CBP's Office of Field Operations, January 15, 2015.
---------------------------------------------------------------------------

    As outlined throughout this rule, the responsibilities of the trade 
community will remain largely unchanged after the Centers' regulatory 
implementation. Importers may continue to file pre- and post-cargo 
release documentation and payments where their merchandise is entered. 
CBP personnel, who may work for either a Center director or a port 
director will accept all paper import documents from trade members. 
When necessary, CBP will internally route documentation to the 
appropriate Center for review and processing. Importers and brokers who 
file electronically will continue to use CBP's automated systems, such 
as ABI, to submit required import data and payments to CBP. Meanwhile, 
CBP will maintain a consistent formal notification and remedy process 
with importers regarding post-release and other trade-related issues 
following the Centers' establishment. Trade members will only incur 
costs from this rule when appealing a Center assignment.
    Importers may choose to appeal their Center assignment for a number 
of reasons, including the expectation of better service or product 
knowledge at another Center. As previously discussed, if an importer 
chooses to appeal their Center assignment, they must submit a written 
appeal to CBP by mail or email that includes information about their 
current and preferred Center assignments (see ``Finalization of the 
Centers of Excellence and Expertise Test'' for specific appeal 
requirements). CBP estimates that each appeal will take 60 minutes (1 
hour) for an importer to complete,\8\ at an opportunity cost of $30.05 
based on an importer's $30.05 hourly value of time.9 10 Due 
to the relative affordability of submitting a Center assignment appeal 
via email rather than mail, CBP believes that the vast majority of 
importers will file appeals electronically. Therefore, CBP does not 
consider the printing or mailing costs for an importer to submit a 
Center assignment appeal in this analysis. By applying the cost for 
importers to complete and submit a Center assignment appeal to the 
previously mentioned expected number of Center assignment appeals filed 
annually, CBP finds that this rule's appeals process will generate 
$1,803 in yearly costs to the trade community.
---------------------------------------------------------------------------

    \8\ Source: CBP's Office of Field Operations, January 26, 2015.
    \9\ CBP bases the $30.05 wage rate on the Bureau of Labor 
Statistics' (BLS) 2014 median hourly wage rate for Cargo and Freight 
Agents ($19.89), which CBP assumes best represents the wage for 
importers, multiplied by the ratio of BLS' average 2014 total 
compensation to wages and salaries for Office and Administrative 
Support occupations (1.4813), the assumed occupational group for 
importers. CBP then rounded and adjusted this figure, which was in 
2014 U.S. dollars, to 2016 U.S. dollars using a 1.0 percent annual 
growth rate, as recommended by the U.S. Department of 
Transportation's value of travel time guidance. Source of median 
wage rate: U.S. Bureau of Labor Statistics. Occupational Employment 
Statistics, ``May 2014 National Occupational Employment and Wage 
Estimates, United States- Median Hourly Wage by Occupation Code: 
Occupation Code 43-5011.'' Updated March 25, 2015. Available at 
http://www.bls.gov/oes/2014/may/oes435011.htm. Accessed June 15, 
2015. Source of total compensation to wages and salaries ratio: U.S. 
Bureau of Labor Statistics. Employer Costs for Employee 
Compensation. Employer Costs for Employee Compensation Historical 
Listing March 2004--December 2015, ``Table 3. Civilian workers, by 
occupational group: Employer costs per hours worked for employee 
compensation and costs as a percentage of total compensation, 2004-
2015 by Respondent Type: Office and administrative support 
occupations.'' June 10, 2015. Available at http://www.bls.gov/ncs/ect/sp/ececqrtn.pdf. Accessed June 15, 2015. The total compensation 
to wages and salaries ratio used is equal to the average of the 2014 
quarterly estimates (shown under Mar., June, Sep., Dec.) of the 
total compensation cost per hour worked for Office and 
Administrative Support occupations ($24.66) divided by the 
calculated average of the 2014 quarterly estimates (shown under 
Mar., June, Sep., Dec.) of wages and salaries cost per hour worked 
for the same occupation category ($16.6475). Source of suggested 
growth rate: U.S. Department of Transportation, Office of 
Transportation Policy. The Value of Travel Time Savings: 
Departmental Guidance for Conducting Economic Evaluations Revision 2 
(2015 Update), ``Table 4 (Revision 2-corrected): Recommended Hourly 
Values of Travel Time Savings.'' April 29, 2015. Available at http://www.transportation.gov/sites/dot.gov/files/docs/Revised%20Departmental%20Guidance%20on%20Valuation%20of%20Travel%20Time%20in%20Economic%20Analysis.pdf. Accessed June 15, 2015.
    \10\ The opportunity cost estimate is equal to the median hourly 
wage of an importer ($30.05) multiplied by the hourly time burden 
for an importer to complete and submit a Center assignment appeal (1 
hour), and then rounded.
---------------------------------------------------------------------------

    Certain trade members, particularly Customs-accredited laboratories 
and Customs-approved gaugers, may incur added costs with this rule's 
amendments to their obligations outlined in 19 CFR 151.12(c)(5)-(6) and 
19 CFR 151.13(b)(5)-(6). As amended, CBP will require Customs-
accredited laboratories to notify an additional CBP representative, the 
Center director, of ``any circumstance which might affect the accuracy 
of work performed as an accredited laboratory, . . . their 
consequences, and any corrective action taken or that needs to be 
taken'' and ``. . . of any attempt to impede, influence, or coerce 
laboratory personnel in the performance of their duties, or of any 
decision to terminate laboratory operations or accredited status.'' 
\11\ Similarly, CBP will require Customs-approved gaugers to notify an 
additional CBP representative, the Center director, of ``any 
circumstance which might affect the accuracy of work performed as an 
approved gauger, . . . their consequences, and any corrective action 
taken or that needs to be taken'' and ``. . . of any attempt to impede, 
influence, or coerce gauger personnel in the performance of their 
duties, or of any decision to terminate gauger operations or approval 
status.'' \12\ Under current regulations, CBP mandates Customs-
accredited laboratories and Customs-approved gaugers to contact the 
port director and Executive Director on these matters described. Given 
that CBP has not received any notifications currently required under 19 
CFR

[[Page 93006]]

151.12(c)(5)-(6) and 19 CFR 151.13(b)(5)-(6) in the past 20 years, CBP 
assumes in this analysis that the Centers rule's additional CBP 
notification step for Customs-accredited laboratories and Customs-
approved gaugers will not introduce any costs to these parties.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 151.12(c)(5) and 151.12(c)(6).
    \12\ See 19 CFR 151.13(b)(5) and 151.13(b)(6).
    \13\ Based on the number of notifications received by CBP's 
Laboratories and Scientific Services as of January 2015. Source: 
CBP's Office of Field Operations, January 15, 2015.
---------------------------------------------------------------------------

    In all, the Centers rule will introduce a time burden of 1,260 
hours to CBP each year and an annual cost of $1,803 to trade members.
b. Benefits
    This rule will likely produce valuable benefits to CBP and the 
trade community. This section of the analysis largely discusses the 
benefits of the rule qualitatively due to quantitative data 
limitations. Based on the success of the Centers test, CBP believes 
that as permanent organizational components, the Centers will continue 
to provide uniform post-release processing and trade-related decision-
making, strengthen critical agency knowledge of industry practices and 
products, heighten CBP's trade enforcement skills, and improve trade 
communication, though on a much grander scale than observed during the 
test phase because of the expansion of the Centers concept to all 
importers.
    The Centers allow CBP to conduct uniform entry summary processing 
and trade-related decision-making nationwide on an industry-specific, 
importer account basis by transitioning the post-release processing of 
an importer's goods from a transactional level at each port of entry to 
one assigned Center. Such organization has already benefited at least 
one Center test participant, who claims that they have gained numerous 
administrative efficiencies since joining the Center, including time 
and cost savings from reduced paperwork submission requirements.\14\ 
Once established as permanent CBP components, the Centers will 
presumably require fewer information requests and conduct better 
informed trade compliance actions than in the current environment, 
leading to time and cost savings to CBP and trade members. Currently, 
when a non-Center test participating importer enters similar 
merchandise at different U.S. ports of entry that requires supplemental 
information for entry summary processing, CBP personnel at each port of 
entry will generally submit a CBP Form 28: Request for Information to 
the importer. In this case, the importer must respond to each request, 
even if the responses are identical, and CBP personnel at each port of 
entry must review the duplicative information received from the 
importer. With the Centers, the importer will receive only one CBP Form 
28 for the merchandise's entry summary processing, requiring CBP 
personnel to review the importer's supplemental information only once. 
For each avoidance of a CBP Form 28, CBP will save 10 minutes (0.17 
hours) of time in issuing the request and reviewing the requested 
information.\15\ Importers can expect to save an estimated 120 minutes 
(2 hours) in preparation time for each avoided CBP Form 28 response 
\16\ and $60.10 in averted opportunity costs.\17\ CBP and some 
importers may experience additional printing and mailing cost savings 
through reduced CBP Form 28 submissions, though the extent of these 
savings is unknown.
---------------------------------------------------------------------------

    \14\ Source: Teleconference with CBP's Pharmaceuticals, Health & 
Chemicals Center test participant on December 19, 2013.
    \15\ Source: U.S. Office of Management and Budget, Office of 
Information and Regulatory Affairs. RegInfo.gov. ``Supporting 
Statement Request for Information 1651-0023.'' June 20, 2014. 
Available at http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201403-1651-004. Accessed January 20, 2015.
    \16\ Source: U.S. Office of Management and Budget, Office of 
Information and Regulatory Affairs. RegInfo.gov. ``Supporting 
Statement Request for Information 1651-0023.'' June 20, 2014. 
Available at http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201403-1651-004. Accessed January 20, 2015.
    \17\ The opportunity cost estimate is equal to the previously-
discussed median hourly wage of an importer ($30.05) multiplied by 
the hourly time burden for an importer to complete a CBP Form 28 
response (2 hours), and then rounded.
---------------------------------------------------------------------------

    With a single Center conducting all post-release processing for a 
particular importer, determinations on protests, marking, and 
classification matters will also now be consistent rather than 
sometimes contrasting as in the current environment, where importers 
occasionally receive different determinations on similar trade 
compliance issues depending on the port of entry where their 
merchandise is processed that sometimes requires duplicative action on 
behalf of CBP and the importer. This consistency may enhance importers' 
awareness of CBP's positions on trade compliance issues, which may lead 
to improved compliance and an unknown amount of subsequent savings to 
both parties in the future. To the extent that this rule's uniform 
processing and determinations also decrease post-entry amendments, 
post-summary corrections, exams, hold times, and other trade obstacles, 
the benefits of this rule will be higher.
    In addition to creating uniform post-release processing and 
determinations, the Centers will strengthen CBP trade personnel's 
industry knowledge by concentrating their expertise into a specific 
import industry set as opposed to the entire range of import 
industries. According to outreach conducted while evaluating this rule, 
such focused expertise has already enriched CBP-Trade relations, as 
demonstrated through a Centers test participant's claim that Center 
account managers are very knowledgeable of their industry and are now 
more familiar with their imports and trade issues.\18\ As Centers staff 
increase their awareness of importers and their merchandise, they may 
issue fewer requests for information, exams, or holds, which would 
provide significant time and cost savings to CBP and trade members. The 
Centers' industry focus has also enriched trade enforcement. Using 
knowledge gathered through processing solely entry summaries for the 
electronics industry, Electronics Center employees uncovered a 
counterfeit electronic adapter import operation. Since discovering the 
counterfeiting operation, the Electronics Center has worked with the 
rights holder to add a trademark onto their electronic device to 
prevent future intellectual property rights (IPR) violations and 
subsequent economic losses.\19\ Based on the benefits of enhanced 
industry knowledge gained during the Centers test phase, the permanent 
establishment of the Centers will likely enhance CBP-Trade relations, 
facilitate trade, and result in an improved ability to identify high-
risk commercial importations that could enhance import safety, increase 
revenue protection, and reduce economic losses associated with trade 
violations.
---------------------------------------------------------------------------

    \18\ Source: Teleconference with CBP's Pharmaceuticals, Health & 
Chemicals Center test participant on December 19, 2013.
    \19\ Source: Teleconference with CBP's Electronics Center test 
on December 3, 2013.
---------------------------------------------------------------------------

    Furthermore, the Centers will improve communication among CBP and 
the entire U.S. importing universe by replacing communication with each 
port of entry with communication with one Center. The Centers will 
serve as a single source for trade members to contact regarding such 
subjects as importing requirements, IPR infringement or other trade 
violations, merchandise holds, and PGA issues, eliminating the need for 
trade members to contact multiple CBP employees and for multiple CBP 
employees to share duplicative information with members of the trade. 
Such a decrease in redundant information requests and

[[Page 93007]]

sharing will produce time and cost savings to the trade community and 
CBP. The Centers will also allow for enhanced communication with 
importers by offering extended hours of service compared to port of 
entry service hours, which may expedite trade. Without information on 
the amount of duplicative communication eliminated with the emergence 
of the Centers or the volume of trade expedited through the Centers' 
extended hours of service, the overall value of these communication 
benefits is unknown.
c. Net Impact of Rule
    In summary, this rule's formal establishment of the Centers of 
Excellence and Expertise will introduce costs and benefits. CBP will 
sustain 1,260 added work hours each year from rerouting paper 
documentation and reviewing Center assignment appeals, while trade 
members will bear an annual cost of $1,803 attributable to Center 
assignment appeals. CBP and trade members will also experience benefits 
from this rule's decreased import costs and time burdens, streamlined 
trade processing, broadened industry and trade compliance knowledge, 
enhanced trade enforcement posture, and improved communication, though 
the overall value of these benefits is unknown. Although not fully 
quantified, CBP believes this rule's benefits to CBP and the trade 
community will be considerable, while its costs to these parties will 
be relatively negligible. For these reasons, CBP asserts that the 
benefits of this rule will outweigh its costs, thus providing an 
overall net benefit to the agency and members of the trade community.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires agencies to assess the impact of regulations on small 
entities. A small entity may be a small business (defined as any 
independently owned and operated business not dominant in its field 
that qualifies as a small business concern per the Small Business Act); 
a small not-for-profit organization; or a small governmental 
jurisdiction (locality with fewer than 50,000 people). CBP is issuing 
this rule as an interim final rule under the agency management and 
personnel and procedural rule exceptions of the Administrative 
Procedure Act. Thus, a Regulatory Flexibility Act analysis is not 
required. See 5 U.S.C. 553. Nonetheless, CBP considered the economic 
impact of this rule on small entities.
    Through this rule, CBP will formally transition certain trade 
enforcement responsibilities in addition to the majority of post-
release trade functions from the purview of port directors to Center 
directors.\20\ Port directors will continue to retain singular 
authority over regulations pertaining to the control, movement, 
examination, and release of cargo. Because the Centers will introduce a 
new post-release processing method for all U.S. imports, this rule's 
regulatory changes will affect all importers and related members of the 
trade who enter goods into the United States, including those 
considered ``small'' under the Small Business Administration's (SBA) 
size standards.\21\ For this reason, CBP believes that this rule will 
impact a substantial number of small entities.
---------------------------------------------------------------------------

    \20\ See the ``Explanation of Amendments'' section for a 
detailed list of trade function transitions occurring with this 
rule.
    \21\ See 13 CFR 121.101-13 CFR 121.201.
---------------------------------------------------------------------------

    This rule will generate costs and benefits to importers and related 
members of the trade. As outlined throughout this rule, the 
responsibilities of the trade community remain largely unchanged after 
the Centers' regulatory implementation. However, trade members may 
experience costs when filing a Center assignment appeal and when 
notifying a Center under amended 19 CFR 151.12(c)(5)-(6) and 19 CFR 
151.13(b)(5)-(6) requirements.
    As previously mentioned in the ``Executive Order 13563 (Improving 
Regulation and Regulatory Review) and Executive Order 12866 (Regulatory 
Planning and Review)'' section, importers will incur an opportunity 
cost of $30.05 per Center assignment appeal. With 60 appeals expected 
each year, the annual cost of Center assignment appeals to the entire 
trade community will equal $1,803. It is likely that some small 
entities will file Center assignment appeals, though the exact number 
is unknown. Regardless of the number of small entities impacted by this 
requirement, CBP does not believe that a cost of $30.05 to file a 
Center assignment appeal will amount to a ``significant'' level to 
these entities.
    Under current regulations, CBP mandates Customs-accredited 
laboratories and Customs-approved gaugers to contact the port director 
and Executive Director on the matters described in 19 CFR 151.12(c)(5)-
(6) and 19 CFR 151.13(b)(5)-(6). Given that CBP has not received any 
such notifications in the past 20 years, CBP assumes that this rule's 
added requirement to contact a Center director per 19 CFR 151.12(c)(5)-
(6) and 19 CFR 151.13(b)(5)-(6)'s amendments will not impact a 
substantial number of small entities. In the event that a Customs-
accredited laboratory or Customs-approved gauger considered ``small'' 
has to notify an additional CBP representative according to these 
regulatory changes, CBP does not believe that requiring one more phone 
call, letter, or email will cause a significant economic impact to the 
entity.
    Besides costs, importers and related members of the trade will 
experience benefits from this rule, though the value of these benefits 
is unknown due to data limitations. The trade community will likely 
benefit from this rule's uniform post-release processing and decision-
making, increased agency knowledge of industry practices and products, 
and improved communication with CBP, based on observations from the 
Centers test. CBP expects the Centers' uniform post-release processing 
and trade-related determinations to decrease administrative burdens on 
the trade, resulting in time and cost savings. This uniformity may also 
enhance the trade community's awareness of CBP's position on trade 
compliance issues, which may improve compliance and generate an unknown 
amount of subsequent savings to trade members in the future. The 
Centers' strengthened industry focus will likely enhance CBP-Trade 
relations, facilitate trade, and result in an improved ability to 
identify high-risk commercial importations that could increase import 
safety, increase revenue protection, and reduce economic loss 
associated with trade violations. By replacing port-by-port 
communication with communication with one Center, the Centers will 
serve as a single source for trade members to contact regarding such 
subjects as importing requirements, IPR or other trade violation 
reports, merchandise holds, and PGA issues. This sole communication 
source will eliminate the need for trade members to contact multiple 
CBP resources, which will likely produce additional time and cost 
savings. The Centers will also allow for enhanced communication between 
CBP and the trade community by offering extended hours of service 
compared to port of entry service hours, which may expedite trade. 
Despite their unknown value, CBP notes that the economic impact of 
these changes on small entities, if any, will be entirely beneficial.
    Although CBP presumes that this rule will affect a substantial 
number of small entities, CBP does not believe that the

[[Page 93008]]

economic impact of this rule on small entities will be significant. 
Accordingly, CBP believes that this regulation will not have a 
significant economic impact on a substantial number of small entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that CBP consider the impact of paperwork and other information 
collection burdens imposed on the public. As this document does not 
involve any collections of information under the Act, the provisions of 
the Act are inapplicable.

V. Administrative Procedure Act

    The Administrative Procedure Act (APA) requires agencies to provide 
advance public notice and seek public comment on substantive 
regulations. See 5 U.S.C. 553. The APA, however, provides several 
exceptions to these requirements.
    Pursuant to 5 U.S.C. 553(a)(2), public notice and the opportunity 
to provide public comment are inapplicable to matters relating to 
``agency management or personnel.'' This interim final rule relates to 
agency management and personnel because it involves the transitioning 
of certain work functions from the port directors and the port director 
personnel to the Center directors and the Center director personnel.
    Pursuant to 5 U.S.C. 553(b)(A), rules of ``agency organization, 
procedure, and practice'' are also exempted from the notice-and-comment 
requirements of the APA. This interim final rule permanently creates 
the Centers, which have been operating under a test period that began 
in 2012 and have been implemented through Federal Register Notices and 
a CBP Delegation Order. Through this interim final rule, CBP is ending 
the test period and establishing the Centers as a permanent 
organizational component of the agency.
    Finally, 5 U.S.C. 553(b)(B) of the APA authorizes CBP to dispense 
with notice and comment requirements when CBP for good cause finds that 
notice and comment is ``impracticable, unnecessary, or contrary to the 
public interest.'' CBP has been operating the Centers as a test for 
several years pursuant to 19 CFR 101.9(a), which authorizes CBP to 
conduct test programs or procedures to evaluate the effectiveness of 
certain operational procedures. The Centers have been staffed with CBP 
employees who facilitate trade by providing account management for 
members in the identified industries; engaging in risk segmentation; 
and strengthening trade outreach. This interim final rule codifies CBP 
personnel adjustments and internal agency procedures that reflect a 
realignment of certain trade functions within CBP, rather than a 
substantive change in policy. Therefore, advance notice and comment is 
unnecessary.

VI. Signing Authority

    This document is being issued in accordance with 19 CFR 0.2(a), 
which provides that the authority of the Secretary of the Treasury with 
respect to CBP regulations that are not related to customs revenue 
functions was transferred to the Secretary of Homeland Security 
pursuant to section 403(1) of the Homeland Security Act of 2002. 
Accordingly, this interim final rule to amend such regulations may be 
signed by the Secretary of Homeland Security (or his delegate).

List of Subjects

19 CFR Part 4

    Customs duties and inspection, Exports, Freight, Harbors, Maritime 
carriers, Oil pollution, Reporting and recordkeeping requirements, 
Vessels.

19 CFR Part 7

    American Samoa, Coffee, Cuba, Customs duties and inspection, Guam, 
Guantanamo Bay Naval Station, Kingman Reef, Liquors, Midway Islands, 
Puerto Rico, Wake Island, Wine.

19 CFR Part 10

    Caribbean Basin initiative, Customs duties and inspection, Exports, 
Reporting and recordkeeping requirements.

19 CFR Part 11

    Customs duties and inspection, Labeling, Packaging and containers.

19 CFR Part 12

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

19 CFR Part 24

    Accounting, Claims, Customs duties and inspection, Harbors, 
Reporting and recordkeeping requirements, Taxes.

19 CFR Part 54

    Customs duties and inspection, Metals, Reporting and recordkeeping 
requirements.

19 CFR Part 101

    Customs duties and inspection, Harbors, Organization and functions 
(Government agencies), Seals and insignia, Vessels.

19 CFR Part 102

    Canada, Customs duties and inspection, Imports, Mexico, Reporting 
and recordkeeping requirements, Trade agreements.

19 CFR Part 103

    Administrative practice and procedure, Confidential business 
information, Courts, Freedom of information, Law enforcement, Privacy, 
Reporting and recordkeeping requirements.

19 CFR Part 113

    Common carriers, Customs duties and inspection, Exports, Freight, 
Laboratories, Reporting and recordkeeping requirements, Surety bonds.

19 CFR Part 132

    Customs duties and inspection.

19 CFR Part 133

    Copyright, Customs duties and inspection, Reporting and 
recordkeeping requirements Trade names, Trademarks.

19 CFR Part 134

    Customs duties and inspection, Labeling, Packaging and containers.

19 CFR Part 141

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

19 CFR Part 142

    Canada, Customs duties and inspection, Mexico, Reporting and 
recordkeeping requirements.

19 CFR Part 143

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

19 CFR Part 144

    Customs duties and inspection, Reporting and recordkeeping 
requirements, Warehouses.

19 CFR Part 145

    Mail importations.

19 CFR Part 146

    Administrative practice and procedure, Customs duties and 
inspection, Exports, Foreign trade zones, Penalties, Petroleum, 
Reporting and recordkeeping requirements.

19 CFR Part 147

    Customs duties and inspection, Fairs and expositions, Reporting and 
recordkeeping requirements, Surety bonds.

[[Page 93009]]

19 CFR Part 151

    Cigars and cigarettes, Cotton, Customs duties and inspection, Fruit 
juices, Laboratories, Metals, Oil imports, Reporting and recordkeeping 
requirements, Sugar, Wool.

19 CFR Part 152

    Customs duties and inspection.

19 CFR Part 158

    Customs duties and inspection, Exports, Freight, Reporting and 
recordkeeping requirements.

19 CFR Part 159

    Antidumping, Countervailing duties, Customs duties and inspection, 
Foreign currencies.

19 CFR Part 161

    Customs duties and inspection, Exports, Law enforcement.

19 CFR Part 162

    Administrative practice and procedure, Customs duties and 
inspection, Drug traffic control, Exports, Law enforcement, Marihuana, 
Penalties, Reporting and recordkeeping requirements, Search warrants, 
Seizures and forfeitures.

19 CFR Part 163

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

19 CFR Part 173

    Administrative practice and procedure, Customs duties and 
inspection.

19 CFR Part 174

    Administrative practice and procedure, Customs duties and 
inspection.

19 CFR Part 176

    Courts, Customs duties and inspection.

19 CFR Part 181

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

Amendments to the Regulations

0
For the reasons given above and under the authority of 19 U.S.C. 2, 66, 
1202 (General Note 3(i), Harmonized Tariff Schedule of the United 
States), and 1624, CBP amends parts 4, 7, 10, 11, 12, 24, 54, 101, 102, 
103, 113, 132, 133, 134, 141, 142, 143, 144, 145, 146, 147, 151, 152, 
158, 159, 161, 162, 163, 173, 174, 176, and 181 of the CBP regulations 
(19 CFR Parts 4, 7, 10, 11, 12, 24, 54, 101, 102, 103, 113, 132, 133, 
134, 141, 142, 143, 144, 145, 146, 147, 151, 152, 158, 159, 161, 162, 
163, 173, 174, 176, and 181) as set forth below: Also, for the reasons 
given above and under the authority of 19 U.S.C. 2, 66, 1202 (General 
Note 3(i), Harmonized Tariff Schedule of the United States), and 1624, 
those parts of Chapter I of the CBP regulations (chapter I) listed 
below are amended as set forth below:

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general authority citation for part 4 and the specific authority 
citation for section 4.94a continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 501, 60105.
* * * * *
    Section 4.94a also issued under 19 U.S.C. 1484b;
* * * * *

0
2. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

----------------------------------------------------------------------------------------------------------------
                Section                             Remove                                 Add
----------------------------------------------------------------------------------------------------------------
4.94a(d)..............................  appropriate port director.....  Center director.
----------------------------------------------------------------------------------------------------------------

PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO 
BAY NAVAL STATION

0
3. The authority citation for part 7 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i.


0
4. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

----------------------------------------------------------------------------------------------------------------
                Section                             Remove                                 Add
----------------------------------------------------------------------------------------------------------------
7.3(e)(1)(iii)(B).....................  port director.................  Center director.
7.3(e)(2).............................  port director.................  Center director.
7.3(f)(1).............................  port director.................  Center director.
7.3(f)(2).............................  port director.................  Center director.
----------------------------------------------------------------------------------------------------------------

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

0
5. The general authority citation for part 10 and the specific 
authority citations for Sec. Sec.  10.804, 10.864, 10.866, 10.906, 
10.1006, and 10.3006 continue to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 3314.
* * * * *
    Sections 10.801 through 10.829 also issued under 19 U.S.C. 1202 
(General Note 30, HTSUS) and Pub. L. 109-169, 119 Stat. 3581 (19 U.S.C. 
3805 note).
* * * * *
    Sections 10.861 through 10.890 also issued under 19 U.S.C. 1202 
(General Note 31, HTSUS) and Pub. L. 109-283, 120 Stat. 1191 (19 U.S.C. 
3805 note).
* * * * *
    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).
* * * * *
    Sections 10.1001 through 10.1034 also issued under 19 U.S.C. 1202 
(General Note 33, HTSUS), 19 U.S.C. 1520(d),

[[Page 93010]]

and Pub. L. 112-41, 125 Stat. 428 (19 U.S.C. 3805 note).
* * * * *
    Sections 10.3001 through 10.3034 also issued under 19 U.S.C. 1202 
(General Note 34, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 112-42, 125 
Stat. 462 (19 U.S.C. 3805 note).
* * * * *

0
6. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
10.1(b).....................  port director.......  Center director.
10.1(d).....................  port director.......  Center director.
10.3(a).....................  port director.......  Center director.
10.3(c)(3)..................  port director.......  Center director.
10.8(b).....................  port director.......  Center director.
10.8(c).....................  port director.......  Center director.
10.8(d).....................  port director.......  port director or
                                                     Center director.
10.8a(c)....................  port director.......  Center director.
10.9(b).....................  port director.......  Center director.
10.9(c).....................  port director.......  Center director.
10.9(d).....................  port director.......  port director or
                                                     Center director
10.21.......................  port director.......  Center director.
10.24(b)....................  port director.......  Center director.
10.24(c)....................  port director.......  Center director.
10.24(d)....................  port director.......  Center director.
10.24(e)....................  port director.......  Center director.
10.31(a)(3)(ii).............  port director.......  Center director.
10.31(f)....................  port director.......  Center director.
10.37.......................  director of the port  Center director.
                               where the entry was
                               filed.
10.37.......................  CBP form 3173,......  CBP form 3173, which
                                                     may be submitted to
                                                     CBP, either at the
                                                     port of entry or
                                                     electronically.
10.39(a)....................  port director.......  Center director.
10.39(b)....................  port director.......  Center director.
10.41a(a)(2)................  port director.......  Center director.
10.41a(e)...................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
10.43(a)....................  port director.......  Center director.
10.48(c)....................  port director.......  Center director.
10.48(d)....................  port director.......  Center director.
10.49(b)....................  port director.......  Center director.
10.49(d)....................  director of the port  CBP, either at the
                               of entry.             port of entry or
                                                     electronically.
10.52.......................  port director.......  Center director.
10.53(g)....................  port director.......  Center director.
10.56(e)....................  port director.......  Center director.
10.70(a)....................  port director.......  Center director.
10.71(c)....................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
10.83(a)....................  port director.......  Center director.
10.84(d)....................  port director.......  Center director.
10.84(e)....................  director of the port  CBP, either at the
                               where entry was       port of entry or
                               made.                 electronically.
10.91(a)(2)(i)..............  port director.......  Center director.
10.91(a)(2)(ii) introductory  port director.......  Center director.
 text.
10.91(a)(2)(ii)(A)..........  port director.......  Center director.
10.91(e)(1).................  port director.......  Center director.
10.91(f)(2)(ii).............  port director.......  Center director.
10.102(d)...................  port director.......  Center director.
10.104......................  port director.......  Center director.
10.108......................  port director.......  Center director.
10.121(b)...................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
10.134......................  port director.......  Center director.
10.172......................  port director.......  Center director.
10.173(a)...................  port director.......  Center director.
10.173(b)...................  port director.......  Center director.
10.173(c)...................  port director.......  Center director.
10.174(a)...................  port director.......  Center director.
10.174(b)...................  port director.......  Center director.
10.175(d)(2)................  port director.......  Center director.
10.177(b)...................  port director.......  Center director.
10.179(b)(1)................  the director of the   CBP, either at the
                               port where the        port of entry or
                               original entry was    electronically.
                               made.
10.183(e)...................  port director.......  Center director.
10.183(g)...................  port director.......  Center director.

[[Page 93011]]

 
10.192......................  port director.......  Center director.
10.193(c)(2)................  port director.......  Center director.
10.194(a)...................  port director.......  Center director.
10.194(b)...................  port director.......  Center director.
10.196(b)...................  port director.......  Center director.
10.198(a)(1)(i).............  port director.......  Center director.
10.198(a)(1)(ii)............  port director.......  Center director.
10.198(b)...................  port director.......  Center director.
10.198(c)...................  port director.......  Center director.
10.199(c)(1)(iii)(B)........  port director.......  Center director.
10.199(d)(1)................  port director.......  Center director.
10.199(d)(2)................  port director.......  Center director.
10.199(e)(2)(i).............  port director.......  Center director.
10.199(e)(2)(ii)............  port director.......  Center director.
10.199(f)(1)................  port director.......  Center director.
10.199 (f)(2)...............  port director.......  Center director.
10.199(h)...................  port director.......  Center director.
10.206(d)(2)................  port director.......  Center director.
10.207(b)(1)(i).............  port director.......  Center director.
10.207(b)(1)(ii)............  port director.......  Center director.
10.207(c)...................  port director.......  Center director.
10.207(d)(1)................  port director.......  Center director.
10.207(d)(2)................  port director.......  Center director.
10.207(e)...................  port director.......  Center director.
10.213(d)(3)(ii)............  port director.......  Center director.
10.216(b)...................  port director.......  Center director.
10.216(c)...................  port director.......  Center director.
10.216(d)(1)(i).............  port director.......  Center director.
10.216(d)(1)(iii)...........  port director.......  Center director.
10.216(d)(2)................  port director.......  Center director.
10.217(a)...................  port director.......  Center director.
10.223(d)(3)(ii)............  port director.......  Center director.
10.226(b) introductory text.  port director.......  Center director.
10.226(c)...................  port director.......  Center director.
10.226(d)(1)(i).............  port director.......  Center director.
10.226(d)(1)(iii)...........  port director.......  Center director.
10.226(d)(2)................  port director.......  Center director.
10.227(a)...................  port director.......  Center director.
10.233(d)(3)(ii)............  port director.......  Center director.
10.235(b)...................  the Customs port      CBP, either at the
                               where the             port of entry or
                               declaration was       electronically.
                               originally filed.
10.236(b) introductory text.  port director.......  Center director.
10.236(c)...................  port director.......  Center director.
10.236(d)(1)(i).............  port director.......  Center director.
10.236(d)(1)(iii)...........  port director.......  Center director.
10.236(d)(2)................  port director.......  Center director.
10.237(a) introductory text.  port director.......  Center director.
10.243(d)(3)(ii)............  port director.......  Center director.
10.245(b)...................  the CBP port where    CBP, either at the
                               the declaration was   port of entry or
                               originally filed.     electronically.
10.246(b) introductory text.  port director.......  Center director.
10.246(c)...................  port director.......  Center director.
10.246(d)(1)(i).............  port director.......  Center director.
10.246(d)(1)(iii)...........  port director.......  Center director.
10.246(d)(2)................  port director.......  Center director.
10.247(a)...................  port director.......  Center director.
10.253(b)(3)(ii)............  port director.......  Center director.
10.256(b) introductory text.  port director.......  Center director.
10.256(c)...................  port director.......  Center director.
10.256(d)(1)(i).............  port director.......  Center director.
10.256(d)(1)(iii)...........  port director.......  Center director.
10.256(d)(2)................  port director.......  Center director.
10.257(a) introductory text.  port director.......  Center director.
10.307(c)...................  port director.......  Center director.
10.307(e) introductory text.  port director.......  Center director.
10.307(e)(2)................  port director.......  Center director.
10.309......................  port director.......  Center director.
10.411(a) introductory text.  port director.......  Center director.
10.411(d)...................  port director.......  Center director.
10.413......................  port director.......  Center director.
10.414(b)...................  port director.......  Center director.
10.416(a)...................  port director.......  Center director.
10.416(b)...................  port director.......  Center director.
10.422(a) introductory text.  port director.......  Center director.

[[Page 93012]]

 
10.422(c)...................  port director.......  Center director.
10.423(b)...................  port director.......  Center director.
10.424(a)...................  port director.......  Center director.
10.424(b)...................  port director.......  Center director.
10.430(c)(3)................  port director.......  Center director.
10.431......................  port director.......  Center director.
10.441(a)...................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.442(a)...................  port director.......  Center director.
10.442(b)...................  port director.......  Center director.
10.442(c)(1)................  port director.......  Center director.
10.442(c)(2)................  port director.......  Center director.
10.442(d)(1)................  port director.......  Center director.
10.442(d)(2)................  port director.......  Center director.
10.442(d)(3)................  port director.......  Center director.
10.470(a) introductory text.  port director.......  Center director.
10.511(a) introductory text.  port director.......  Center director.
10.513(b)...................  port director.......  Center director.
10.515(a)...................  port director.......  Center director.
10.515(b)...................  port director.......  Center director.
10.550(a) introductory text.  port director.......  Center director.
10.584(a) introductory text.  port director.......  Center director.
10.584(c)...................  port director.......  Center director.
10.586(b)...................  port director.......  Center director.
10.588(a)...................  port director.......  Center director.
10.588(b)...................  port director.......  Center director.
10.589(c)(3)................  port director.......  Center director.
10.591(a)...................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.592(a)...................  port director.......  Center director.
10.592(b)...................  port director.......  Center director.
10.592(c)(1)................  port director.......  Center director.
10.592(c)(2)................  port director.......  Center director.
10.592(d)(1)................  port director.......  Center director.
10.592(d)(2)................  port director.......  Center director.
10.592(d)(3)................  port director.......  Center director.
10.610(a)...................  port director.......  Center director.
10.610(b)...................  port director.......  Center director.
10.616(a) introductory text.  port director.......  Center director.
10.704(a) introductory text.  port director.......  Center director.
10.706(b)...................  port director.......  Center director.
10.708(a)...................  port director.......  Center director.
10.708(b)...................  port director.......  Center director.
10.710(c)(2)(iii)...........  port director.......  Center director.
10.712......................  port director.......  Center director.
10.764(a) introductory text.  port director.......  Center director.
10.766(b)...................  port director.......  Center director.
10.768(a)...................  port director.......  Center director.
10.768(b)...................  port director.......  Center director.
10.781(a)...................  port director.......  Center director.
10.781(b)...................  port director.......  Center director.
10.784(a)...................  port director.......  Center director.
10.806(b)...................  port director.......  Center director.
10.808(a)...................  port director.......  Center director.
10.808(b)...................  port director.......  Center director.
10.821(a) introductory text.  port director.......  Center director.
10.823(a)...................  port director.......  Center director.
10.823(b)...................  port director.......  Center director.
10.824(a)...................  port director.......  Center director.
10.847(c)...................  the CBP port where    CBP, either at the
                               the claim was         port of entry or
                               originally filed.     electronically.
10.868(a)...................  port director.......  Center director.
10.868(b)...................  port director.......  Center director.
10.870(a)...................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.871(a)...................  port director.......  Center director.
10.871(b)...................  port director.......  Center director.
10.871(c)(1)................  port director.......  Center director.
10.871(c)(2)................  port director.......  Center director.
10.871(d)(1)................  port director.......  Center director.
10.871(d)(2)................  port director.......  Center director.
10.871(d)(3)................  port director.......  Center director.
10.884(a) introductory text.  port director.......  Center director.
10.886(a)...................  port director.......  Center director.

[[Page 93013]]

 
10.886(b)...................  port director.......  Center director.
10.887(a)...................  port director.......  Center director.
10.904(a) introductory text.  port director.......  Center director.
10.904(c)...................  port director.......  Center director.
10.908(a)...................  port director.......  Center director.
10.908(b)...................  port director.......  Center director.
10.909(c)(3)................  port director.......  Center director.
10.911(a)...................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.912(a)...................  port director.......  Center director.
10.912(b)...................  port director.......  Center director.
10.912(c)(1)................  port director.......  Center director.
10.912(c)(2)................  port director.......  Center director.
10.912(d)(1)................  port director.......  Center director.
10.912(d)(2)................  port director.......  Center director.
10.912(d)(3)................  port director.......  Center director.
10.926(a) introductory text.  port director.......  Center director.
10.1004(a) introductory text  port director.......  Center director.
10.1004(c)..................  port director.......  Center director.
10.1004(d)(2)...............  port director.......  Center director.
10.1008(a)..................  port director.......  Center director.
10.1008(b)..................  port director.......  Center director.
10.1009(c)(3)...............  port director.......  Center director.
10.1011(a)..................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.1012(a)..................  port director.......  Center director.
10.1012(b)..................  port director.......  Center director.
10.1012(c)(1)...............  port director.......  Center director.
10.1012(c)(2)...............  port director.......  Center director.
10.1012(d)(1)...............  port director.......  Center director.
10.1012(d)(2)...............  port director.......  Center director.
10.1012(d)(3)...............  port director.......  Center director.
10.1026(a) introductory text  port director.......  Center director.
10.2004(a) introductory text  port director.......  Center director.
10.2004(c)..................  port director.......  Center director.
10.2004(d)(2)...............  port director.......  Center director.
10.2006(b)..................  port director.......  Center director.
10.2008(a)..................  port director.......  Center director.
10.2008(b)..................  port director.......  Center director.
10.2009(c)(3)...............  port director.......  Center director.
10.2011(a)..................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.2012(a)..................  port director.......  Center director.
10.2012(b)..................  port director.......  Center director.
10.2012(c)(1)...............  port director.......  Center director.
10.2012(c)(2)...............  port director.......  Center director.
10.2012(d)(1)...............  port director.......  Center director.
10.2012(d)(2)...............  port director.......  Center director.
10.2012(d)(3)...............  port director.......  Center director.
10.2026(a) introductory text  port director.......  Center director.
10.3004(a) introductory text  port director.......  Center director.
10.3004(c)..................  port director.......  Center director.
10.3004(d)(2)...............  port director.......  Center director.
10.3008(a)..................  port director.......  Center director.
10.3008(b)..................  port director.......  Center director.
10.3009(c)(3)...............  port director.......  Center director.
10.3011(a)..................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
10.3012(a)..................  port director.......  Center director.
10.3012(b)..................  port director.......  Center director.
10.3012(c)(1)...............  port director.......  Center director.
10.3012(c)(2)...............  port director.......  Center director.
10.3012(d)(1)...............  port director.......  Center director.
10.3012(d)(2)...............  port director.......  Center director.
10.3012(d)(3)...............  port director.......  Center director.
10.3026(a) introductory text  port director.......  Center director.
------------------------------------------------------------------------


0
7. Section 10.40(b) is revised to read as follows:


Sec.  10.40  Refund of cash deposits.

* * * * *
    (b) If any article entered under Chapter 98, subchapter XIII, 
Harmonized Tariff Schedule of the United States, is not exported or 
destroyed within the period of time during which articles may remain in 
the

[[Page 93014]]

customs territory of the United States under bond (including any lawful 
extension), the Center director shall notify the importer in writing 
that the entire cash deposit will be transferred to the regular account 
as liquidated damages unless a written application for relief from the 
payment of the full liquidated damages is filed with the Center 
director within 60 days after the date of the notice. If such an 
application is timely filed, the transfer of the cash deposit to the 
regular account as liquidated damages shall be deferred pending the 
decision of the Headquarters, U.S. Customs and Border Protection or, in 
appropriate cases, the Center director on the application.


Sec.  10.91  [Amended]

0
8. Section 10.91(c)(2) is amended by removing the words ``the port 
director where the entry or withdrawal of the prototype was made'' in 
the first sentence and adding in their place the words ``CBP, either at 
the port of entry or electronically'' and by removing the words ``port 
director'' in the last sentence and adding in their place the words 
``Center director''.


Sec.  10.102  [Amended]

0
9. Section 10.102(a) is amended by removing the words ``port director'' 
and adding in their place the words ``Center director'' and by removing 
the words ``upon the receipt'' and adding in their place the words 
``upon the receipt, either at the port of entry or electronically,''.


Sec.  10.804  [Amended]

0
10. Section 10.804(a) introductory text is amended by removing the 
words ``to CBP'' and by removing the words ``port director'' and adding 
in their place the words ``Center director''.


Sec.  10.864  [Amended]

0
11. Section 10.864(a) introductory text is amended by removing the 
words ``to CBP'' and by removing the words ``port director'' and adding 
in their place the words ``Center director''.


Sec.  10.866  [Amended]

0
12. Section 10.866(b) is amended by removing the words ``port 
director'' each place that it appears and adding in their place the 
words ``Center director'' and by removing the words ``to CBP''.


Sec.  10.906  [Amended]

0
13. Section 10.906(b) is amended by removing the words ``port 
director'' each place that it appears and adding in their place the 
words ``Center director'' and by removing the words ``to CBP''.


Sec.  10.1006  [Amended]

0
14. Section 10.1006(b) is amended by removing the words ``port 
director'' each place that it appears and adding in their place the 
words ``Center director'' and by removing the words ``to CBP''.


Sec.  10.3006  [Amended]

0
15. Section 10.3006(b) is amended by removing the words ``port 
director'' each place that it appears and adding in their place the 
words ``Center director'' and by removing the words ``to CBP''.

PART 11--PACKING AND STAMPING; MARKING

0
16. The authority citation for part 11 continues to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i) 
and (j), Harmonized Tariff Schedule of the United States), 1624.


0
17. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
11.12(b)....................  port director.......  Center director.
11.12(c)....................  port director.......  Center director.
11.12(d)....................  port director.......  Center director.
11.12(e)....................  port director.......  Center director.
11.12(f)....................  port director.......  Center director.
11.12a(b)...................  port director.......  Center director.
11.12a(c)...................  port director.......  Center director.
11.12a(d)...................  port director.......  Center director.
11.12a(e)...................  port director.......  Center director.
11.12a(f)...................  port director.......  Center director.
11.12b(b)...................  port director.......  Center director.
11.12b(c)...................  port director.......  Center director.
11.12b(d)...................  port director.......  Center director.
11.12b(e)...................  port director.......  Center director.
11.12b(f)...................  port director.......  Center director.
------------------------------------------------------------------------

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
18. The general authority citation for part 12 and the specific 
authority citations for Sec.  12.73 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
    Sections 12.73 and 12.74 also issued under 19 U.S.C. 1484, 42 
U.S.C. 7522, 7601;
* * * * *

0
19. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
12.26(f)....................  the port director...  an authorized CBP
                                                     official.
12.39(b)(2)(i)..............  the port director...  CBP.
12.39(b)(3).................  Port directors......  CBP.
12.39(b)(4).................  under bond, port      under bond, CBP.
                               directors.
12.39(b)(4).................  20436 by port         20436.
                               directors.

[[Page 93015]]

 
12.39(c)(1)(iii)............  the port director of  CBP.
                               the port in which
                               the entry was
                               attempted.
12.39(e)(2).................  The port director...  CBP.
12.121(a)(2)(ii)              port director.......  Center director.
 introductory text.
12.121(a)(2)(ii)(A).........  port director.......  CBP, either at the
                                                     port of entry or
                                                     electronically.
12.121(a)(2)(ii)(B).........  port director.......  Center director.
------------------------------------------------------------------------


0
20. Section 12.73(j) is revised to read as follows:


Sec.  12.73  Motor vehicle and engine compliance with Federal 
antipollution emission requirements.

* * * * *
    (j) Release under bond. If a declaration filed in accordance with 
paragraph (i)(2) of this section states that the entry is being filed 
under circumstances described in either paragraph (c)(4), (h)(1), 
(h)(2), (h)(3) or (h)(4) of this section, the entry shall be accepted 
only if the importer or consignee gives a bond on Customs Form 301, 
containing the bond condition set forth in Sec.  113.62 of this chapter 
for the production of an EPA statement that the vehicle or engine is in 
conformity with Federal emission requirements. Within the period in 
paragraph (h)(2), (h)(3) or (c)(4) of this section, or in the case of 
paragraph (h)(1) or (h)(4) of this section, the period specified by EPA 
in its authorization for an exemption, or such additional period as the 
Center director may allow for good cause shown, the importer or 
consignee shall deliver to CBP, either at the port of entry or 
electronically, the prescribed statement. If the statement is not 
delivered to CBP within the specified period, the importer or consignee 
shall deliver or cause to be delivered to the port director those 
vehicles which were released under a bond required by this paragraph. 
In the event that the vehicle or engine is not redelivered within five 
days following the date specified in the preceding sentence, liquidated 
damages shall be assessed in the full amount of the bond, if it is a 
single entry bond, or if a continuous bond is used, the amount that 
would have been taken under a single entry bond.
* * * * *

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

0
21. The general authority citation for part 24 continues 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.).
* * * * *

0
22. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right colum:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
24.1(a)(3)(ii)..............  the port director...  an authorized CBP
                                                     official.
24.4(a).....................  director of each      Center director,
                               port at which he      either at a port of
                               wishes to defer       entry or
                               payment.              electronically.
24.4(a).....................  a port director.....  the Center director.
24.4(b).....................  port director.......  Center director.
24.4(d)(1)..................  port director.......  Center director.
24.14(c)....................  port director's.....  CBP's.
------------------------------------------------------------------------


0
23. Section 24.1(a)(3)(i) is revised to read as follows:


Sec.  24.1  Collection of Customs duties, taxes, fees, interest, and 
other charges.

* * * * *
    (a) * * *
    (3)(i) An uncertified check drawn by an interested party on a 
national or state bank or trust company of the United States or a bank 
in Puerto Rico or any possession of the United States if such checks 
are acceptable for deposit by a Federal Reserve bank, branch Federal 
Reserve bank, or other designated depositary shall be accepted if there 
is on file with CBP a bond to secure the payment of the duties, taxes, 
fees, interest, or other charges, or if a bond has not been filed, the 
organization or individual drawing and tendering the uncertified check 
has been approved by an authorized CBP official to make payment in such 
manner. In determining whether an uncertified check shall be accepted 
in the absence of a bond, an authorized CBP official shall use 
available credit data obtainable without cost to the Government, such 
as that furnished by banks, local business firms, better business 
bureaus, or local credit exchanges, sufficient to satisfy him of the 
credit standing or reliability of the drawer of the check. For purposes 
of this paragraph, a customs broker who does not have a permit for the 
district (see the definition of ``district'' at Sec.  111.1 of this 
chapter) where the entry is filed, is an interested party for the 
purpose of CBP's acceptance of such broker's own check, provided the 
broker has on file the necessary power of attorney which is 
unconditioned geographically for the performance of ministerial acts. 
CBP may look to the principal (importer) or to the surety should the 
check be dishonored.
* * * * *

0
24. Section 24.2 is revised to read as follows:


Sec.  24.2  Persons authorized to receive Customs collections.

    Center directors, port directors, CBP cashiers, CBP officers, CBP 
dock tellers, and such other officers and employees as the Center 
director or port director will designate will receive Customs 
collections.

0
25. Section 24.4(c) and (i) are revised to read as follows:


Sec.  24.4  Optional method for payment of estimated import taxes on 
alcoholic beverages upon entry, or withdrawal from warehouse, for 
consumption.

* * * * *
    (c) Content of application and supporting documents. (1) An 
importer must state his estimate of the largest amount of taxes to be 
deferred in any semimonthly period based on the largest amount of 
import taxes on alcoholic

[[Page 93016]]

beverages deposited with CBP in such a period during the year preceding 
his application. He must also identify any existing bond or bonds that 
he has on file with CBP and shall submit in support of his application 
the approval of the surety on his bond or bonds to the use of the 
procedure and to the increase of such bond or bonds to such larger 
amount or amounts as may be found necessary by the Center director.
    (2) Each application must include a declaration in substantially 
the following language:

    I declare that I am not presently barred by CBP from using the 
deferred payment procedure for payment of estimated taxes upon 
imports of alcoholic beverages, and that if I am notified by a 
Center director to such effect I shall advise any future Center 
director where approval has been given to me to use such procedure.

* * * * *
    (i) Duration of deferred payment privilege. The deferred payment 
privilege once approved by the port director or Center director before 
January 19, 2017, or the Center director on or after January 19, 2017, 
will remain in effect until terminated under the provisions of 
paragraph (h) or the importer or surety requests termination.
* * * * *

PART 54--CERTAIN IMPORTATIONS TEMPORARILY FREE OF DUTY

0
26. The authority citation for part 54 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i); Section XV, 
Note 5, Harmonized Tariff Schedule of the United States), 1623, 
1624.


0
27. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
54.5(b).....................  port director.......  Center director.
54.6(c)(4)..................  port director.......  Center director.
------------------------------------------------------------------------

Sec.  54.6  [Amended]

0
28. Section 54.6(c) introductory text is amended by removing the words 
``the director of the port of entry'' and adding in their place the 
words ``CBP, either at the port of entry or electronically,''.

PART 101--GENERAL PROVISIONS

0
29. The general authority citation for part 101 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.
* * * * *

0
30. In Sec.  101.1:
0
a. Add in alphabetical order, definitions of Center director, Centers 
of Excellence and Expertise or Centers, and Port director.
0
b. Revise the definitions of Port and port of entry
    The additions and revision read as follows:


Sec.  101.1  Definitions.

* * * * *
    Center director. The term ``Center director'' means the person who 
manages their designated Center and is responsible for certain trade 
decisions and functions concerning that Center and the importers that 
are processed by that Center.
* * * * *
    Centers of Excellence and Expertise or Centers. The terms ``Centers 
of Excellence and Expertise'' or ``Centers'' refer to national CBP 
offices that are responsible for performing certain trade functions and 
making certain determinations as set forth in particular regulatory 
provisions regarding importations by importers that are considered by 
CBP to be in the industry sector, regardless of the ports of entry at 
which the importations occur. Industry sectors are categorized by the 
Harmonized Tariff Schedule of the United States (HTSUS) numbers 
representing an industry sector. The list of HTSUS numbers will be 
published in a Federal Register document and any change made to that 
list will be announced in a subsequent Federal Register document.
* * * * *
    Port and port of entry. The terms ``port'' and ``port of entry'' 
refer to any place designated by Executive Order of the President, by 
order of the Secretary of the Treasury, or by Act of Congress, at which 
a U.S. Customs and Border Protection (``CBP'') officer is authorized to 
accept entries of merchandise to collect duties, and to enforce the 
various provisions of the customs and navigation laws. The terms 
``port'' and ``port of entry'' incorporate the geographical area under 
the jurisdiction of a port director. (The customs ports in the Virgin 
Islands, although under the jurisdiction of the Secretary of the 
Treasury, have their own customs laws (48 U.S.C. 1406(i)). These ports, 
therefore, are outside the customs territory of the United States and 
the ports thereof are not ``ports of entry'' within the meaning of 
these regulations).
* * * * *
    Port director. The term ``port director'' means the person who has 
jurisdiction within the geographical boundaries of their port of entry 
unless the regulations provide that particular trade functions or 
determinations are exclusively within the purview of a Center Director 
or other CBP personnel.
* * * * *

0
31. Add Sec.  101.10 to read as follows:


Sec.  101.10  Centers of Excellence and Expertise.

    (a) Center Management Offices. The Centers of Excellence and 
Expertise (Centers) (see definition in Sec.  101.1) are managed out of 
the following locations:

------------------------------------------------------------------------
    Centers of Excellence and Expertise
                 (Centers)                       Management offices
------------------------------------------------------------------------
Agriculture & Prepared Products...........  Miami, Florida.
Apparel, Footwear & Textiles..............  San Francisco, California.
Automotive & Aerospace....................  Detroit, Michigan.
Base Metals...............................  Chicago, Illinois.
Consumer Products & Mass Merchandising....  Atlanta, Georgia.
Electronics...............................  Long Beach, California.
Industrial & Manufacturing Materials......  Buffalo, New York.
Machinery.................................  Laredo, Texas.
Petroleum, Natural Gas & Minerals.........  Houston, Texas.
Pharmaceuticals, Health & Chemicals.......  New York, New York.
------------------------------------------------------------------------

    (b) Assignment of importers to the Centers. Generally, each 
importer will be assigned to an industry-category administered by a 
specific Center based on the tariff classification in the HTSUS of the 
predominant number of goods imported. The list of HTSUS numbers that 
will be used by CBP for the importer's placement in a Center is the 
same list of HTSUS numbers that are referenced in the definition for 
Centers

[[Page 93017]]

(see Sec.  101.1). Factors that may cause CBP to place an importer in a 
Center not based on the tariff classification of the predominant number 
of goods imported include the importer's associated business practices 
within an industry, the intended use of the predominant number of goods 
imported, or the high relative value of goods imported.
    (c) Appeal of Center assignment. An importer may appeal the Center 
assignment at any time by submitting a written appeal, with a subject 
line identifier reading ``Appeal Regarding Center Assignment'', to U.S. 
Customs and Border Protection, Office of Field Operations, Executive 
Director, Cargo and Conveyance Security (CCS), 1300 Pennsylvania Ave. 
NW., Suite 2.3D, Washington, DC 20229-1015 or by email to 
[email protected]. Appeals must include the following information:
    (1) Current Center assignment;
    (2) Preferred Center assignment;
    (3) All affected Importer of Record (IOR) numbers and associated 
bond numbers;
    (4) Written justification for the change in Center assignments; and
    (5) Import data:
    (i) For new importers. Projected importations at the four (4) digit 
HTSUS heading level during the current year; or
    (ii) For importers with less than one year of prior import history. 
Projected importations and prior import data with entry summary lines 
and value at the four (4) digit HTSUS heading level; or
    (iii) For importers with more than one year of prior import 
history. One year of prior import data with entry summary lines and 
value at the four (4) digit HTSUS heading level.

PART 102--RULES OF ORIGIN

0
32. The authority citation for part 102 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624, 3314, 3592.


0
33. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
102.23(a)...................  port director.......  Center director.
102.23(b)...................  port director.......  Center director.
102.25......................  port director.......  Center director.
------------------------------------------------------------------------

PART 103--AVAILABILITY OF INFORMATION

0
34. The general authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 
U.S.C. 9701.
* * * * *

0
35. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
103.32......................  port directors and    port directors,
                               other CBP officers.   Center directors,
                                                     and other CBP
                                                     officers.
------------------------------------------------------------------------

Sec.  103.26   [Amended]

0
36. Section 103.26 is amended by removing the words ``Port directors'' 
and adding in their place the words ``Center directors, port 
directors''.

PART 113--CBP BONDS

0
37. The general authority citation for part 113 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1623, 1624.
* * * * *

0
38. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
Appendix B to Part 113......  port director of CBP  CBP.
Appendix B to Part 113......  port director's.....  CBP's.
Appendix C to Part 113......  the port director of  CBP.
                               customs.
------------------------------------------------------------------------

PART 132--QUOTAS

0
39. The general authority citation for part 132 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624.
* * * * *

0
40. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
132.11a(c)..................  port director.......  Center director.
132.12(a)...................  port director.......  Center director.
132.13(a)(1)(i).............  port director.......  Center director.
132.13(a)(1)(ii)............  presented...........  presented to CBP,
                                                     either at the port
                                                     of entry or
                                                     electronically,.
132.13(a)(2)................  at a port of entry..  to CBP, either at
                                                     the port of entry
                                                     or electronically.
------------------------------------------------------------------------


[[Page 93018]]


0
41. Section 132.14 is amended by revising paragraphs (a)(4)(i)(A) and 
(B) and (a)(4)(ii)(A) to read as follows:


Sec.  132.14  Special permits for immediate delivery; entry of 
merchandise before presenting entry summary for consumption; permits of 
delivery.

* * * * *
    (a) * * *
    4) * * *
    (i) * * *
    (A) An authorized CBP official may demand the return to Customs 
custody of the released merchandise in accordance with Sec.  141.113 of 
this chapter;
    (B) The Center director shall require the timely presentation to 
CBP, either at the port of entry or electronically, of the entry 
summary for consumption, or a withdrawal for consumption, with the 
estimated duties attached;
     * * *
    (ii) * * *
    (A) The Center director shall require the timely presentation to 
CBP, either at the port of entry or electronically, of the entry 
summary for consumption, or a withdrawal for consumption, with 
estimated duties attached;
* * * * *

PART 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS

0
42. The authority citation for part 133 continues to read as follows:

    Authority: 15 U.S.C. 1124, 1125, 1127; 17 U.S.C. 101, 601, 602, 
603; 19 U.S.C. 66, 1202, 1499, 1526, 1624; 31 U.S.C. 9701. Sections 
133.21 through 133.25 also issued under 18 U.S.C. 1905; Sec. 818(g), 
Pub. L. 112-81 (10 U.S.C. 2302).


0
43. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column;:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
133.26......................  the port director...  an authorized CBP
                                                     official.
133.46......................  the director of the   an authorized CBP
                               port of entry.        official.
------------------------------------------------------------------------

PART 134--COUNTRY OF ORIGIN MARKING

0
44. The authority citation for part 134 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1304, 1624.


0
45. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
134.3(b) introductory text..  The port director...  An authorized CBP
                                                     official.
134.25(c)...................  port director.......  Center director.
134.26(c)...................  port director.......  Center director.
134.34(a) introductory text.  port director.......  Center director.
134.34(b)...................  port director.......  Center director.
134.51(a)...................  port director.......  Center director.
134.51(a)...................  port director's       Center director's
                               office.               office.
134.51(b)...................  port director.......  Center director.
134.51(c)...................  port director.......  Center director.
134.52(a)...................  Port directors......  Center directors.
134.52(c)...................  port director.......  Center director.
134.52(d)...................  port director.......  Center director.
134.52(e)...................  port director.......  Center director.
134.53(a)(2)................  port director.......  Center director.
------------------------------------------------------------------------

Sec.  134.25   [Amended]

0
46. Section 134.25(a) is amended by:
0
a. Removing the words ``port director having custody of the article,'' 
and adding in their place the words ``Center director'';
0
b. Removing the words ``the port director'' and adding in their place 
the words ``the Center director''; and
0
c. Removing the words ``at each port where the article is entered'' and 
adding their place the words ``with CBP, either at the port of entry or 
electronically''.


Sec.  134.26   [Amended]

0
47. Section 134.26(a) is amended by:
0
a. Removing the words ``port director having custody of the article,'' 
and adding in their place the words ``Center director'';
0
b. Removing the words ``the port director'' and adding in their place 
the words ``the Center director''; and
0
c. Removing the words ``at each port where the article(s) is entered'' 
and adding their place the words ``with CBP, either at the port of 
entry or electronically''.


Sec.  134.52   [Amended]

0
48. Section 134.52(b) is amended by removing the words ``the port 
director'' in the first sentence and adding in their place the words 
``CBP, either at the port of entry or electronically'' and by removing 
``The port director'' in the second sentence and adding in their place 
the words ``The Center director''.


Sec.  134.54   [Amended]

0
49. Section 133.54(a) is amended by removing the words ``port 
director'' in the first instance and adding in their place the words 
``Center director''.

PART 141--ENTRY OF MERCHANDISE

0
50. The general authority citation for part 141 and the specific 
authority citations for Sec. Sec.  141.83 and 141.105 continue to read 
as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1498, 1624.

* * * * *
    Subpart F also issued under 19 U.S.C. 1481;
    Subpart G also issued under 19 U.S.C. 1505;
* * * * *

0
51. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the

[[Page 93019]]

section, and add, in their place, the words indicated in the right 
column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
141.20(a)(1)................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
141.20(a)(2)................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
141.35......................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
141.38......................  the port director...  CBP.
141.45......................  port director.......  Center director or
                                                     port director.
141.46......................  a port director.....  CBP.
141.52 introductory text....  port director.......  Center director.
141.52(i)...................  port director.......  Center director.
141.56(a)...................  Port directors may    CBP may accept,
                               accept.               either at the port
                                                     of entry or
                                                     electronically.
141.61(e)(2) introductory     port director.......  Center director.
 text.
141.61(e)(2)(ii)............  port director.......  Center director.
141.61(e)(4)................  port director.......  Center director.
141.63(a) introductory text.  port director.......  Center director.
141.63(b)...................  port director.......  Center director.
141.69(c)...................  the port director...  CBP.
141.83(c)(2)................  The port director...  CBP.
141.85......................  Advices of the Port   Advice by CBP.
                               Director.
141.85......................  file it with the      file it with an
                               Port Director.        authorized CBP
                                                     official.
141.86(a)(11)...............  port director.......  Center director.
141.88......................  port director.......  Center director.
141.91(a)...................  The port director...  CBP.
141.91(d)...................  port director.......  Center director.
141.92(a) introductory text.  The port director...  CBP.
141.92(b)(4)................  port director.......  Center director.
141.113(a)(2)...............  port director may...  Center director may.
141.113(a)(2)...............  port director.......  port director or
                                                     Center director.
141.113(b)..................
141.113(d)..................  the port director...  an authorized CBP
                                                     official.
141.113(d)..................  he..................  an authorized CBP
                                                     official.
141.113(e)..................  the port director...  an authorized CBP
                                                     official.
141.113(g)..................  the port director...  an authorized CBP
                                                     official.
141.113(i)..................  the port director...  an authorized CBP
                                                     official.
------------------------------------------------------------------------


0
52. Section 141.44 is revised to read as follows:


Sec.  141.44  Designation of Center and Customs ports in which power of 
attorney is valid.

    Unless a power of attorney specifically authorizes the agent to act 
thereunder at the appropriate Center and at all CBP ports, the name of 
the appropriate Center or each port where the agent is authorized to 
act thereunder shall be stated in the power of attorney. The power of 
attorney shall be filed with CBP, either at the port of entry or 
electronically, in a sufficient number of copies for distribution to 
the appropriate Center and each port where the agent is to act, unless 
exempted from filing by Sec.  141.46. The Center director or port 
director with whom a power of attorney is filed, irrespective of 
whether his Center or port is named, shall approve it, if it is in the 
correct form and the provisions of this subpart are complied with, and 
forward any copies intended for other ports or another Center as 
appropriate.


Sec.  141.105   [Amended]

0
53. Section 141.105 is amended by:
0
a. Removing the words ``from the port director'' and adding in their 
place the words ``from the Center director'';
0
b. Removing the words ``with the port director'' and adding in their 
place the words ``with CBP, either at the port of entry or 
electronically''; and
0
c. Removing the words ``To the Port Director'' and adding in their 
place the words ``To CBP''.


Sec.  141.113   [Amended]

0
54. Section 141.113(c)(3) is amended by removing the words ``CBP port 
director who will demand the redelivery of the product to CBP custody'' 
and adding in their place the words ``Center director. An authorized 
CBP official will demand the redelivery of the product to CBP 
custody''.

PART 142--ENTRY PROCESS

0
55. The authority citation for part 142 continues to read as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.


0
56. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
142.3(c)....................  port director.......  CBP.
142.11(b)...................  port director.......  CBP.
142.17(a) introductory text.  port director.......  Center director.
142.17a(a) introductory text  port director.......  Center director.
142.18(a) introductory text.  the port director...  an authorized CBP
                                                     official.

[[Page 93020]]

 
142.28(a) introductory text.  the port director...  an authorized CBP
                                                     official.
------------------------------------------------------------------------

Sec.  142. 13   [Amended]

0
57. Section 142.13(a) is amended in its heading and in its introductory 
text by removing the words ``port director'' and adding in their place 
``CBP''.

PART 143--SPECIAL ENTRY PROCEDURES

0
58. The authority citation for part 143 continues to read as follows:

    Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624, 
1641.


0
59. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
143.22......................  The port director...  CBP.
143.23 introductory text....  port director.......  Center director.
------------------------------------------------------------------------

PART 144--WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS

0
60. The general authority citation for part 144 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1484, 1557, 1559, 1624.

* * * * *

0
61. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
144.5.......................  port director.......  Center director.
144.12......................  port director.......  Center director.
144.13......................  port director.......  Center director.
144.38(d)...................  port director.......  Center director.
------------------------------------------------------------------------


0
62. Section 144.41(h) is revised to read as follows:


Sec.  144.41  Entry for rewarehouse.

* * * * *
    (h) Protest. A protest may be filed with CBP, either at the port of 
entry or electronically, against a liquidation made under Sec.  
159.7(a) or (b) of this chapter, or against a refusal to liquidate 
pursuant to said sections. In all other cases, any protest shall be 
filed against the original warehouse entry.

PART 145--MAIL IMPORTATIONS

0
63. The general authority citation for part 145 and the sectional 
authority for Sec.  145.12 continue to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States, 1624.
* * * * *
    Section 145.12 also issued under 19 U.S.C. 1315, 1484, 1498;
* * * * *

0
64. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
145.12(a)(1)................  The port director...  CBP.
145.12(a)(1)................  if in his opinion...  if
145.14(b)...................  port director.......  CBP.
------------------------------------------------------------------------

PART 146--FOREIGN TRADE ZONES

0
65. The authority citation for part 146 continues to read as follows:

    Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1623, 1624.


0
66. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
146.65(b)(3)................  port director.......  Center director.
146.65(c)...................  port director.......  Center director.
------------------------------------------------------------------------

PART 147--TRADE FAIRS

0
67. The authority citation for part 147 continues to read as follows:

    Authority: 19 U.S.C. 66, 1623, 1624, 1751-1756, unless otherwise 
noted.


0
68. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column

[[Page 93021]]

from wherever they appear in the section, and add, in their place, the 
words indicated in the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
147.32......................  port director.......  Center director.
147.41......................  on demand by the      on the Center
                               port director.        director's demand
                                                     to CBP, either at
                                                     the port of entry
                                                     or electronically.
------------------------------------------------------------------------


0
69. Section 147.33 is revised to read as follows:


Sec.  147.33  Reimbursement by fair operator.

    All actual and necessary charges for labor, services, and other 
expenses in connection with the entry, examination, appraisement, 
custody, abandonment, destruction, or release of articles entered under 
the regulations of this part, together with the necessary charges for 
salaries of Customs officers and employees in connection with the 
accounting for, custody of, and supervision over, such articles, shall 
be reimbursed by the fair operator to the Government, payment to be 
made to CBP, either at the port of entry or electronically, on the port 
director's or Center director's demand made before January 19, 2017 or 
on the Center director's demand made on or after January 19, 2017, for 
deposit to the appropriation from which paid.

PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE

0
70. The general authority citation for part 151 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i) and (j), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

0
71. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
151.10......................  the port director...  an authorized CBP
                                                     official.
151.11......................  the port director...  an authorized CBP
                                                     official.
151.11......................  he shall............  an authorized CBP
                                                     official will.
151.12(c)(5)................  both the port         the port director,
                               director and the      the Executive
                               Executive Director.   Director, and the
                                                     Center director.
151.12(c)(6)................  both the port         the port director,
                               director and the      the Executive
                               Executive Director.   Director, and the
                                                     Center director.
151.13(b)(5)................  both the port         the port director,
                               director and the      the Executive
                               Executive Director.   Director, and the
                                                     Center director.
151.13(b)(6)................  both the port         the port director,
                               director and the      the Executive
                               Executive Director.   Director, and the
                                                     Center director.
151.51(b)...................  port director.......  Center director.
151.52(c)...................  the port director...  an authorized CBP
                                                     official.
151.54......................  The port director...  An authorized CBP
                                                     official.
151.55......................  port director.......  Center director.
151.65......................  port director.......  Center director.
151.65......................  port director's.....  Center director's.
151.68(c)...................  the port director...  an authorized CBP
                                                     official.
151.69(b)...................  port director.......  Center director.
151.70......................  port director.......  Center director.
151.71(a)...................  port director.......  Center director.
151.71(b)...................  port director.......  Center director.
151.73(c)...................  port director.......  Center director.
151.75......................  port director.......  Center director.
151.76(a)...................  port director.......  Center director.
151.76(b)...................  port director.......  Center director.
151.84......................  port director.......  Center director.
------------------------------------------------------------------------


0
72. Section 151.71(c) is revised to read as follows:


Sec.  151.71  Laboratory testing for clean yield.

* * * * *
    (c) Importer's request for retest. If the importer is dissatisfied 
with the port director's or Center director's finding of clean yield, 
made before January 19, 2017, or the Center director's finding of clean 
yield made on or after January 19, 2017, he may file with CBP, either 
at the port of entry or electronically, a written request in duplicate 
for another laboratory test for percentage clean yield. Such request 
shall be filed within 14 calendar days after the date of mailing of the 
notice of the port director's or Center director's finding of clean 
yield. The request shall be granted if it appears to the Center 
director to be made in good faith and if a second general sample as 
provided for in Sec.  151.70 is available for testing, or if all 
packages or, in the opinion of the Commissioner of Customs, an adequate 
number of the packages represented by the general sample are available 
and in their original imported condition.
* * * * *

0
73. Section 151.73(b) is revised to read as follows:


Sec.  151.73  Importer's request for commercial laboratory test.

* * * * *
    (b) Time for filing request. The importer's request shall be filed 
in writing with the Center director within 14 calendar days after the 
date of mailing of the notice of the port

[[Page 93022]]

director's or Center director's findings based on the retest mailed 
before January 19, 2017, or within 14 calendar days after the date of 
mailing of the notice of the Center director's findings based on the 
retest mailed on or after January 19, 2017.
* * * * *

0
74. Section 151.74 is revised to read as follows:


Sec.  151.74  Retest at Center director's request.

    If the Center director is not satisfied with the results of any 
test provided for in Sec.  151.71 or Sec.  151.73, he may, within 14 
calendar days after receiving the report of the results of such test, 
proceed to have another test made upon a suitable sample of the wool or 
hair at the expense of the Government. When the Center director is 
proceeding to have another test made, he shall, within the 14-day 
period specified in this paragraph, notify the importer by mail of that 
fact.

0
75. Section 151.76(c) is revised to read as follows:


Sec.  151.76  Grading of wool.

* * * * *
    (c) Importer's request for reexamination. If the importer is 
dissatisfied with the port director's or Center director's findings as 
to the grade or grades of the wool, made before January 19, 2017, or 
the Center director's findings as to the grade or grades of wool made 
on or after January 19, 2017, he may, within 14 calendar days after the 
date of mailing of the notice of the port director's or Center 
director's findings, file in duplicate a written request with the 
Center director for another determination of grade or grades, stating 
the reason for the request. Notice of the Center director's findings on 
the basis of the reexamination of the wool shall be mailed to the 
importer.

0
76. Section 151.85 is revised to read as follows:


Sec.  151.85  Importer's request for redetermination.

    If the importer is dissatisfied with the port director's or Center 
director's determination made before January 19, 2017, or the Center 
director's determination made on or after January 19, 2017, he may file 
with the Center director, within 14 calendar days after the mailing of 
the notice, a written request in duplicate for a redetermination of the 
staple length. Each such request shall include a statement of the 
claimed staple length for the cotton in question and a clear statement 
of the basis for the claim. The request shall be granted if it appears 
to the Center director to be made in good faith. In making the 
redetermination of staple length, the Center director may obtain an 
opinion of a board of cotton examiners from the U.S. Department of 
Agriculture, if he deems such action advisable. All expenses occasioned 
by any redetermination of staple length, exclusive of the compensation 
of CBP officers, shall be reimbursed to the Government by the importer.

PART 152--CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE

0
77. The general authority citation for part 152 and the specific 
authority citation for Sec.  152.26 continue to read as follows:

    Authority:  19 U.S.C. 66, 1401a, 1500, 1502, 1624;
* * * * *
    Subpart C also issued under 19 U.S.C. 1503;
* * * * *

0
78. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
152.1(c)....................  port director.......  Center director.
152.2.......................  port director.......  Center director.
152.13(a)...................  port director.......  Center director.
152.13(c)(1)................  port director.......  Center director.
152.13(c)(3)................  port director.......  Center director.
152.13(d)...................  port director.......  Center director.
152.13(d)...................  application.........  application to the
                                                     Center director.
152.101(c)..................  the port director...  CBP, either at the
                                                     port of entry or
                                                     electronically.
152.101(d)..................  port director.......  Center director.
152.103(d) introductory text  port director.......  Center director.
152.103(l)(1) introductory    port director.......  Center director.
 text.
152.103(l)(2)(iii)..........  port director.......  Center director.
152.105(i)(2)...............  port director.......  Center director.
152.106(f)(2) introductory    port director.......  Center director.
 text.
------------------------------------------------------------------------


0
79. Section 152.16(c) is revised to read as follows:


Sec.  152.16  Judicial changes in classification.

* * * * *
    (c) Higher rate. If a court decision overruling a protest contains 
a definite statement that a higher rate than that assessed by the port 
director or Center director before January 19, 2017, or the Center 
director on or after January 19, 2017, was properly chargeable, such 
higher rate shall be applied to all merchandise, whether identical or 
similar to that passed on by the court, which is affected by the 
principles of the court's decision and which is entered or withdrawn 
for consumption after 30 days from the date of the publication of the 
court's decision in the Customs Bulletin.
* * * * *

0
80. Section 152.26 is revised to read as follows:


Sec.  152.26  Furnishing value information to importer.

    The Center director will furnish to importers the latest 
information as to values in his possession, subject to the following 
conditions:
    (a) Before appraisement. Value information will be given before 
appraisement only in response to a specific oral or written request by 
the importer, supported by an adequate reason for the request, or where 
required by CBP purposes, such as in determining proper estimated 
duties to be deposited or notification of increased duties in 
accordance with Sec.  152.2.
    (b) Only for merchandise under Center director's jurisdiction. The 
information will be given only in regard to merchandise to be appraised 
by, or under the jurisdiction of, the Center director who receives the 
request, and

[[Page 93023]]

only with respect to merchandise for which there is presented evidence 
of a firm commitment or intent to import such merchandise into the 
United States.
    (c) Information by importer. Each request must be accompanied by 
the latest information as to the values in question which the importer 
has or can reasonably obtain.
    (d) Information not binding. Value information will be given by the 
Center director only with an understanding and agreement in each case 
that the information is in no sense an appraisement and is not binding 
upon the Center director's action when he appraises the merchandise.
    (e) No reply required after entry. The Center director will not be 
required to reply to a written request for value information after a 
value for the merchandise has been declared on entry unless he has 
information indicating a probable appraised value different from such 
entered value.


Sec.  152.103   [Amended]

0
81. In Sec.  152.103:
0
a. Paragraph (a)(5)(iii) is amended by removing ``the port director'' 
in the first sentence and adding in their place the words ``CBP, either 
at the port of entry or electronically'' and by removing the words 
``port director'' in the second sentence and adding in their place the 
words ``Center director''; and
0
b. Paragraph (m) is amended by removing the word ``Customs'' each place 
it appears and adding in its place the term ``CBP'' and by removing the 
words ``port director'' each place it appears and adding in their place 
the words ``Center director''.

PART 158--RELIEF FROM DUTIES ON MERCHANDISE LOST, DAMAGED, 
ABANDONED, OR EXPORTED

0
82. The authority citation for part 158 continues to read as follows:

    Authority:  19 U.S.C. 66, 1624, unless otherwise noted. Subpart 
C also issued under 19 U.S.C. 1563.

0
83. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
158.3.......................  port director.......  Center director.
158.5(a)....................  port director         Center director is
                               satisfies himself.    satisfied.
------------------------------------------------------------------------


0
84. Section 158.13(b) is revised to read as follows:


Sec.  158.13  Allowance for moisture and impurities.

* * * * *
    (b) Allowance by Center director. If the port director is satisfied 
after any necessary investigation that the merchandise contains 
moisture or impurities as described in paragraph (a) of this section, 
the Center director will make allowance for the amount thereof in the 
liquidation of the entry.

PART 159--LIQUIDATION OF DUTIES

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

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

* * * * *

0
86. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
159.7(b)....................  at the port where     by the Center
                               the merchandise is    director.
                               held in CBP custody.
159.7(c)....................  port director of the  Center director.
                               port where the
                               merchandise is
                               entered for
                               rewarehouse.
159.12(a)(1) introductory     port director.......  Center director.
 text.
159.12(a)(1)(ii)............  port director.......  Center director.
159.12(b)...................  port director.......  Center director.
159.12(c)...................  port director.......  Center director.
159.12(d)(1)................  port director.......  Center director.
159.12(d)(2)................  port director.......  Center director.
159.12(e)...................  port director.......  Center director.
159.22(d)(2)................  port director.......  Center director.
159.36(b)...................  port director.......  Center director.
159.36(c)...................  port director.......  Center director.
159.36(d)...................  port director.......  Center director.
159.38......................  port director.......  Center director.
159.44......................  port director.......  Center director.
------------------------------------------------------------------------


0
87. Section 159.58 is revised to read as follows:


Sec.  159.58  Dumping and countervailing duties; action by Center 
director.

    (a) Antidumping matters. Upon receipt of notification from the 
Commissioner, the Center director will suspend liquidation on 
merchandise entered, or withdrawn from warehouse, for consumption, on 
or after the date of publication of the ``Notice of Preliminary 
Affirmative Antidumping Determination,'' ``Notice of Final Affirmative 
Antidumping Determination'' or ``Notice of Violation of Agreement'' as 
provided by part 353, chapter III, of this title. The Center director 
will immediately notify the importer, consignee, or agent of each entry 
of merchandise in question with respect to which liquidation is 
suspended. The notice will indicate the relevant ascertained and 
determined or estimated antidumping duty.
    (b) Countervailing matters. Upon receipt of notification from the 
Commissioner, the Center director will suspend liquidation on 
merchandise entered, or withdrawn from warehouse, for consumption, on 
or after the date of publication of the ``Notice of Preliminary 
Affirmative Countervailing Duty Determination,'' ``Notice of Final 
Affirmative Countervailing Duty

[[Page 93024]]

Determination'' or ``Notice of Violation of Agreement,'' as provided by 
part 355, Chapter III, of this title. The Center director will 
immediately notify the importer, consignee, or agent of each entry of 
merchandise in question with respect to which liquidation is suspended. 
The notice will indicate the relevant ascertained and determined or 
estimated countervailing duty.

PART 161--GENERAL ENFORCEMENT PROVISIONS

0
88. The general authority citation for part 161 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1600, 1619, 1624.

* * * * *

0
89. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
161.16(b)...................  port director.......  Center director.
------------------------------------------------------------------------

PART 162--INSPECTION, SEARCH, AND SEIZURE

0
90. The general authority citation for part 162 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624, 6 
U.S.C. 101, 8 U.S.C. 1324(b).

* * * * *

0
91. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
162.74(c)...................  CBP port............  Center director.
162.80(a)(2)(i).............  port director.......  Center director.
162.80(a)(2)(iii)...........  port director.......  Center director.
------------------------------------------------------------------------

Sec.  162.80   [Amended]

0
92. Section 162.80(a)(1) is amended by:
0
a. Removing the words ``port director'' and adding in their place the 
words ``Center director'';
0
b. Removing the words ``and collect duties'' and adding in their place 
the words ``and CBP, either at the port of entry or electronically, may 
collect duties''; and
0
c. Removing the word ``he'' and adding in its place the words ``the 
Center director''.

PART 163--RECORDKEEPING

0
93. The general authority citation for part 163 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 
1624.

* * * * *

0
94. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
163.7(a) introductory text..  port director, field  port director,
                               director of           Center director,
                               regulatory audit.     field director of
                                                     regulatory audit.
------------------------------------------------------------------------


0
95. Section 163.1(a)(2)(vii) is revised to read as follows:


Sec.  163.1  Definitions.

* * * * *
    (a) * * *
    (2) * * *
    (vii) The maintenance of any documentation that the importer may 
have in support of a claim for preferential tariff treatment under the 
United States-Singapore Free Trade Agreement (SFTA), including a SFTA 
importer's supporting statement if previously required by the port 
director or Center director before January 19, 2017, or the Center 
director on or after January 19, 2017.
* * * * *

0
96. The Appendix to Part 163 is amended under section IV by revising 
the entry for ``Sec.  10.512'' to read as follows:

Appendix to Part 163--Interim (a)(1)(A) List

* * * * *
    IV. * * *


Sec.  10.512  SFTA records that the importer may have in support of a 
SFTA claim for preferential tariff treatment, including an importer's 
supporting statement if previously required by the port director or 
Center director before January 19, 2017 or the Center director on or 
after January 19, 2017.

* * * * *

PART 173--ADMINISTRATIVE REVIEW IN GENERAL

0
97. The authority citation for part 173 continues to read as follows:

    Authority:  19 U.S.C. 66, 1501, 1520, 1624.


0
98. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
173.1.......................  Port directors......  Center directors.

[[Page 93025]]

 
173.2 introductory text.....  port director.......  Center director.
173.3(a)....................  port director.......  Center director.
173.4(a) introductory text..  port director.......  Center director.
173.4(a)(2).................  director of the port  Center director.
                               of entry.
173.4a......................  port director.......  Center director.
------------------------------------------------------------------------

PART 174--PROTESTS

0
99. The general authority citation for part 174 and the specific 
authority citation for Sec.  174.21 continue to read as follows:

    Authority: 19 U.S.C. 66, 1514, 1515, 1624.
    Section 174.21 also issued under 19 U.S.C. 1499.



0
100. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
174.0.......................  port director.......  port director and
                                                     Center director.
174.12(d)...................  the port director     CBP, either at the
                               whose decision is     port of entry or
                               protested.            electronically.
174.13(b)...................  at any port.........  with CBP, either at
                                                     any port or
                                                     electronically,.
174.21(a)...................  port director.......  Center director.
174.21(b)...................  port director.......  Center director.
174.22(a)...................  the port director or  the port director,
                               other CBP officer     Center director, or
                               with whom the         other CBP officer
                               protest was filed.    with whom the
                                                     protest was filed.
174.22(c)...................  port director.......  Center director.
174.22(d)...................  port director.......  Center director.
174.24 introductory text....  port director.......  Center director.
174.24(a)...................  Commissioner of       Commissioner of CBP.
                               Customs.
174.24(a)...................  at any port.........  by CBP.
174.24(b)...................  Commissioner of       Commissioner of CBP.
                               Customs.
174.24(c)...................  Commissioner of       Commissioner of CBP.
                               Customs.
174.24(d)...................  United States         U.S. Customs and
                               Customs Service.      Border Protection.
174.26(a)...................  port director.......  Center director.
174.26(b) introductory text.  port director.......  Center director.
174.26(b) introductory text.  he shall............  the Center director
                                                     will.
174.26(b)(2)................  port director.......  Center director.
174.27......................  port director.......  Center director.
174.29......................  port director.......  Center director.
174.29......................  19 U.S.C. 1514).....  (19 U.S.C. 1514).
------------------------------------------------------------------------

Sec.  174.3   [Amended]

0
101. In Sec.  174.3:
0
a. Paragraph (b)(1) is amended by removing the words ``port director'' 
and adding in their place the words ``Center director'';
0
b. Paragraph (c) is amended by removing the words ``port director'' and 
adding in their place the words ``Center director''; and
0
c. Paragraph (d) is amended by removing the words ``the port director'' 
and adding in their place the words ``CBP, either at the port of entry 
or electronically''.


Sec.  174.14   [Amended]

0
102. Section 174.14(e) is amended by removing the words ``the port 
director with whom the protest was filed'' and adding in their place 
the words ``CBP, either at the port of entry or electronically'', and 
by removing the words ``with whom it is required to be filed''.


Sec.  174.15   [Amended]

0
103. Section 174.15(b)(2) is amended by removing the words ``port 
director'' and adding in their place the words ``port director or 
Center director, before January 19, 2017, or the Center director on or 
after January 19, 2017,''.

0
104. Section 174.16 is revised to read as follows:


Sec.  174.16  Limitation on protests after reliquidation.

    A protest shall not be filed against the reliquidation decision of 
the port director or Center director made before January 19, 2017, or 
the reliquidation decision of the Center director made on or after 
January 19, 2017, upon any question not involved in the reliquidation.

0
105. Section 174.23 is revised to read as follows:


Sec.  174.23  Further review of protests.

    A protesting party may seek further review of a protest in lieu of 
review by the Center director by filing, on the form prescribed in 
Sec.  174.25, an application for such review within the time allowed 
and in the manner prescribed by Sec.  174.12 for the filing of a 
protest. The filing of an application for further review shall not 
preclude a preliminary examination by the Center director for the 
purpose of determining whether the protest may be allowed in full. If 
such preliminary examination indicates that the protest would be denied 
in whole or in part by the Center director in the absence of an 
application for further review; however, he shall forward the protest 
and application for consideration in accordance with Sec.  174.26.


Sec.  174.30   [Amended]

0
106. In Sec.  174.30:
0
a. Paragraph (b) is amended by removing ``the port director'' the first 
time it appears and adding in their place the words ``CBP, either at 
the port of entry or electronically,'', and by removing the words ``the 
port director'' the second time it appears and adding in their place 
the term ``CBP''; and

[[Page 93026]]

0
b. Paragraph (c) is amended by removing the words ``port director'' and 
adding in their place the words ``Center director''.

PART 176--PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE

0
107. The authority citation for part 176 continues to read as follows:

    Authority:  R.S. 251, as amended, sec. 624, 46 Stat. 759; 19 
U.S.C. 66, 1624, unless otherwise noted.


0
108. Section 176.1 is revised to read as follows:


Sec.  176.1  Service of summons.

    When an action is initiated in the Court of International Trade a 
copy of the summons will be served in the manner prescribed by the 
Court of International Trade upon the CBP official(s) who denied the 
protest(s), and an additional copy will be served upon the Assistant 
Chief Counsel for Court of International Trade Litigation, United 
States Customs and Border Protection, 26 Federal Plaza, New York, N.Y. 
10007.

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

0
109. The general 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), 1624, 3314;

* * * * *

0
110. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever they 
appear in the section, and add, in their place, the words indicated in 
the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
181.12(b)(1)................  port director.......  Center director.
181.22(b) introductory text.  port director.......  Center director.
181.22(b)(3)................  port director.......  Center director.
181.22(c)...................  port director.......  Center director.
181.22(d)(1)(iii)...........  port director.......  Center director.
181.22(d)(2)................  port director.......  Center director.
181.23(a)...................  port director.......  Center director.
181.23(b)...................  port director.......  Center director.
181.32(a)...................  the director of the   CBP, either at the
                               port at which the     port of entry or
                               entry covering the    electronically.
                               good was filed.
181.33(a)...................  port director.......  Center director.
181.33(b)...................  port director.......  Center director.
181.33(c)(1)................  port director.......  Center director.
181.33(c)(2)................  port director         Center director.
                               concerned.
181.33(c)(3)................  port director.......  Center director.
181.33(d)(1)................  port director.......  Center director.
181.33(d)(2)................  port director.......  Center director.
181.33(d)(3)................  port director.......  Center director.
181.64(c)(2)................  port director.......  Center director.
181.64(c)(3)................  port director.......  Center director.
181.64(c)(4)................  port director.......  Center director.
181.64(c)(4)................  duties..............  duties to CBP,
                                                     either at the port
                                                     of entry or
                                                     electronically.
181.113(a)..................  the port director     CBP, either at the
                               who issued the        port of entry or
                               decision.             electronically.
181.114(a)..................  port director.......  Center director.
181.114(b) introductory text  port director.......  Center director.
181.115(b)..................  port director with    Center director.
                               whom the protest
                               was filed.
181.116(a)..................  port director.......  Center director.
181.116(b)..................  the port director     with the port of
                               who issued the        entry or filed
                               adverse marking       electronically with
                               decision.             CBP.
181.121.....................  port director or      port director,
                               other Customs         Center director, or
                               officer.              other CBP officer.
------------------------------------------------------------------------


0
111. Section 181.22(d)(1)(i) is revised to read as follows:


Sec.  181.22  Maintenance of records and submission of Certificate by 
importer.

* * * * *
    (d) * * *
    (1) * * *
    (i) An importation of a good for which the port director or Center 
director before January 19, 2017, or the Center director on or after 
January 19, 2017, has in writing waived the requirement for a 
Certificate of Origin because the port director or Center director is 
otherwise satisfied that the good qualifies for preferential tariff 
treatment under the NAFTA;
* * * * *

0
112. Section 181.112(a) is revised to read as follows:


Sec.  181.112  Definitions.

* * * * *
    (a) Adverse marking decision means a decision made by the port 
director or Center director before January 19, 2017, or the Center 
director on or after January 19, 2017, which an exporter or producer of 
merchandise believes to be contrary to the provisions of Annex 311 of 
the NAFTA and which may be protested by the importer pursuant to Sec.  
514, Tariff Act of 1930, as amended (19 U.S.C. 1514), and part 174 of 
this chapter. Notification of an adverse marking decision is given to 
an importer in the form of a CBP Form 4647, or its electronic 
equivalent, (Notice to Mark and/or Notice to Redeliver) and/or by 
assessing marking duties on improperly marked merchandise. Examples of 
adverse marking decisions include determinations by the port director 
or Center director before December 20, 2016, or the Center director on 
or after January 19, 2017: That an imported article is not a good of a 
NAFTA country, as determined under the Marking Rules, and that it 
therefore

[[Page 93027]]

cannot be marked ``Canada'' or ``Mexico''; that a good of a NAFTA 
country is not marked in a manner which is sufficiently permanent; and 
that a good of a NAFTA country does not qualify for an exception from 
marking specified in Annex 311 of the NAFTA. Adverse marking decisions 
do not include: Decisions issued in response to requests for advance 
rulings under subpart I of this part or for internal advice under part 
177 of this chapter; decisions on protests under part 174 of this 
chapter; and determinations that an article does not qualify as an 
originating good under General Note 12, HTSUS, and the appendix to this 
part.
* * * * *


Sec.  181.115   [Amended]

0
113. Section 181.115(e) is amended by removing the words ``port 
director'', in its heading and in its text, each place that they appear 
and adding in their place the words ``Center director''.


Sec.  181.116   [Amended]

0
114. Section 181.116(d)(1) is amended by removing the words ``port 
director'', in its heading and in its text, each place that they appear 
and adding in their place the words ``Center director'', and by 
removing the words ``port director's'' each place that they appear and 
adding in their place the words ``Center director's''.

    Dated: December 7, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-29719 Filed 12-19-16; 8:45 am]
 BILLING CODE 9111-14-P