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



U.S. Customs and Border Protection


19 CFR Parts 159 and 181

[CBP Dec. 17-08]

Technical Corrections to U.S. Customs and Border Protection 

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

ACTION: Final rule.


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

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

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



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

Discussion of Changes

Part 159

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

[[Page 35065]]

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

Part 181

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

Inapplicability of Notice and Delayed Effective Date

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

Regulatory Flexibility Act

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

Executive Order 12866

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

Signing Authority

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

List of Subjects

19 CFR Part 159

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

19 CFR Part 181

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

Amendments to the Regulations

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


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

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

Sec.  159.58  [Amended]

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


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

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

Sec.  181.33  [Amended]

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

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