[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Rules and Regulations]
[Pages 50070-50071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23560]



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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-15]
RIN 1515-AE27


Removing the Prohibition on the Importation of Jadeite or Rubies 
Mined or Extracted From Burma, and Articles of Jewelry Containing 
Jadeite or Rubies Mined or Extracted From Burma

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

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to remove the provision relating to the prohibition 
on the importation of jadeite or rubies mined or extracted from Burma, 
and articles of jewelry containing jadeite or rubies mined or extracted 
from Burma. This reflects the termination of all Burmese sanctions by 
Executive Order 13742, of October 7, 2016.

DATES: This final rule is effective on October 30, 2017.

FOR FURTHER INFORMATION CONTACT: Daniel Collier, Partner Government 
Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863-
6225, [email protected]; or William Scopa, Branch Chief, 
Partner Government Agency Branch, Trade Policy and Programs, Office of 
Trade, (202) 863-6554, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 28, 2003, the President signed into law the Burmese Freedom 
and Democracy Act of 2003 (Pub. L. 108-61) (the ``BFDA'') to sanction 
the military junta then ruling Burma. Among other provisions, the BFDA 
required the imposition, subject to annual renewal, of a ban on the 
importation into the United States of any article that is a product of 
Burma. To implement the BFDA, the President issued Executive Order 
(``E.O.'') 13310 (68 FR 44853, July 30, 2003), which prohibited, among 
other things, the importation into the United States of any article 
that is a product of Burma.
    On July 29, 2008, the President signed into law the Tom Lantos 
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Pub. 
L. 110-286) (the ``JADE Act''), which, among other things, amended the 
BFDA to require a prohibition on the importation into the United States 
of jadeite or rubies mined or extracted from Burma and articles of 
jewelry containing such jadeite or rubies. Section 12.151 of the CBP 
regulations (Title 19, Code of Federal Regulations (``CFR'') section 
12.151) reflects this prohibition on the importation of jadeite or 
rubies mined or extracted from Burma and articles of jewelry containing 
such jadeite or rubies.
    The BFDA, as amended by the JADE Act, required annual renewal, 
which did not occur in 2013. As a result, the prohibition on the 
importation of jadeite or rubies mined or extracted from Burma and 
articles of jewelry containing jadeite or rubies mined or extracted 
from Burma expired on July 28, 2013. On August 6, 2013, the President 
signed E.O. 13651, titled ``Prohibiting Certain Imports of Burmese 
Jadeite and Rubies'' (78 FR 48793), which revoked the sections of E.O. 
13310 imposing a prohibition on the importation into the United States 
of any article that is a product of Burma. As a result, there was no 
longer a general ban on importing into the United States any article 
that is a product of Burma; however, the specific ban of jadeite and 
rubies mined or extracted from Burma as well as articles of jewelry 
containing jadeite or rubies mined or extracted from Burma was 
reinstituted by E.O. 13651. Consequently, on August 23, 2016, CBP 
published a final rule in the Federal Register (81 FR 57456) amending 
the CBP regulations to update the relevant provisions to reflect the 
import prohibitions set forth in E.O. 13651.

II. Termination of the Burmese Sanctions

    On October 7, 2016, the President signed E.O. 13742, titled 
``Termination of Emergency With Respect to the Actions and Policies of 
the Government of Burma'' (81 FR 70593), which revoked, among others, 
E.O. 13310 and 13651. The President found that the situation that gave 
rise to the declaration of a national emergency with respect to the 
actions and policies of the Government of Burma has been significantly 
altered by Burma's substantial advances in promoting democracy, 
including historic elections that resulted in the formation of a 
democratically elected, civilian-led government; the release of many 
political prisoners; and greater enjoyment of human rights and 
fundamental freedoms, including freedom of expression and freedom of 
association and peaceful assembly. As a result, President Obama revoked 
all the Burmese sanctions. This was accomplished by revoking, among 
others, E.O. 13651, which prohibited the importation of any jadeite or 
rubies mined or extracted from Burma as well as any articles of jewelry 
containing jadeite or rubies mined or extracted from Burma. As of 
October 7, 2016, CBP is no longer enforcing this import prohibition. To 
reflect this, CBP is removing the relevant provision, 19 CFR 12.151, 
from the CBP regulations.

III. Statutory and Regulatory Requirements

A. Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under section 553 of the Administrative Procedure Act (APA) (5 
U.S.C. 553), rulemaking generally requires prior notice and comment, 
and a 30-day delayed effective date, subject to specified exceptions. 
This document amends the regulations to remove 19 CFR 12.151 to reflect 
Executive Order 13742 of October 7, 2016, which terminated the import 
prohibitions on Burmese articles. Since this document removes a 
regulation that is no longer applicable or enforced by CBP in light of 
the Executive Order, CBP has determined it is a nondiscretionary action 
and that, pursuant to the provisions of 5 U.S.C. 553(b)(B), prior 
public notice and comment procedures on this regulation are 
impracticable, unnecessary, and contrary to the public interest and 
that there is good cause for this rule to become effective immediately 
upon publication. For these reasons, pursuant to the provision of 5 
U.S.C. 553(d)(3), CBP finds that there is good cause for dispensing 
with a delayed effective date.

B. Executive Orders 13563 and 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 is not a ``significant regulatory action,'' 
under section 3(f) of Executive Order 12866. Accordingly, the Office of 
Management and Budget has not reviewed this regulation.

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C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. As a notice 
of proposed rulemaking is not necessary for this rule, CBP is not 
required to prepare a regulatory flexibility analysis for this rule.

D. Signing Authority

    This regulation is being issued in accordance with 19 CFR 0.1(a)(1) 
pertaining to the Secretary of the Treasury's authority (or that of his 
delegate) to approve regulations related to certain customs revenue 
functions.

List of Subjects in 19 CFR Part 12

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

Amendments to the Regulations

    For the reasons set forth in the preamble, part 12 of title 19 of 
the Code of Federal Regulations (19 CFR part 12) is amended as set 
forth below.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 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 (HTSUS)), 1624.
* * * * *

0
2. The specific authority citation for Sec.  12.151 is removed.


Sec.  12.151   [Removed and Reserved]

0
3. Remove and reserve Sec.  12.151.

    Dated: October 25, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.

Approved:

Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-23560 Filed 10-27-17; 8:45 am]
BILLING CODE 9111-14-P