CBP Final Rule Makes Technical Corrections to Certain Parts of 19 CFR
U.S. Customs and Border Protection (CBP) has issued a final rule which, effective August 27, 2004, makes certain technical corrections to 19 CFR.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CBP explains that it periodically reviews its regulations to ensure that they are as accurate and up-to-date as possible so that the importing and general public are aware of CBP programs, requirements, and procedures regarding import-related activities.
CBP states that through this review process, CBP noted several discrepancies and has determined that certain changes are necessary affecting the following Parts of 19 CFR: 4, 10, 12, 18, 19, 101, 102, 122, 123, 141, 162, 163, 171, 181.
The following are two of the more "interesting" technical corrections contained in the final rule (partial list):
The (a)(1)(A) List. CBP is correcting the List of Records Required for an Entry of Merchandise set forth in the Appendix to 19 CFR Part 163, which contains the interim (a)(1)(A) list.
CBP explains that Section IV incorrectly attributes 19 CFR 133.21(b)(6) as the authority for the entry records requirement "Consent from trademark or trade name holder to import otherwise restricted goods." CBP's final rule removes the incorrect citation and adds the correct citations of: 19 CFR 133.21(e) (Failure to make appropriate disposition), 133.22(c)(3) (Relief from detention of articles bearing copying or simulating trademarks), and 133.23(c) (Denial of entry).
19 CFR 162.76. CBP is amending 19 CFR 162.76 (Prepenalty notice for violations of 19 USC 1466 (Equipment and repairs of vessels) and 19 USC 1584(a)(1) (Falsity or lack of manifest; penalties - General Rule), as amended.)
CBP's final rule amends 19 CFR 162.76(c) (Exception) to state that no prepenalty notice shall be issued if the proposed penalty for an alleged violation of 19 USC 1584(a)(1) is $1,000 or less. (19 CFR 162.76(c) had previously stated that this threshold was $500 or less.)
CBP Contact - Christopher Pappas (202) 572-8769
CBP Final Rule (CBP Dec. 04-28, FR Pub 08/27/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19577.pdf