CBP Makes Wide-Ranging Technical Corrections in Final Rule
CBP issued a final rule, effective Dec. 10, amending several sections of its regulations to remove outdated references and grammatical errors.
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The following are highlights of the final rule:
Obsolete References to the Great Lakes Endorsement
Sections 4.7, 4.21 and 4.83 contain references to a Great Lakes license endorsement. The statutory provision providing for a Great Lakes endorsement, formerly found in 46 U.S.C. 12107, was repealed by § 1115(a) of the Coast Guard Authorization Act of 1996. The final rule makes conforming amendments to 19 CFR Part 4 by removing references to the Great Lakes endorsement.
Sections 4.80 and 4.80a of the CBP regulations (19 CFR 4.80 and 4.80a) concern coastwise transportation of passengers or merchandise and outdated statutory references. The Jones Act, formerly 46 U.S.C. App. 883, is recodified as 46 U.S.C. 55102. The Passenger Vessel Services Act, formerly 46 U.S.C. App. 289, is now recodified as 46 U.S.C. 55103. Former 46 U.S.C. App. 289c is recodified and now found at 46 U.S.C. 55104. Former 46 U.S.C. 12106(d) is recodified and now found at 46 U.S.C. 12117.
(19 CFR 4 is available here.)
Outdated Office Names
CBP's final rule also updated 19 CFR Part 24 to account for new office names.
(19 CFR Part 24 is available here.)
Typographical Errors
Section 101.9 of the CBP regulations (19 CFR 101.9) sets forth the test programs or procedures for evaluating the effectiveness of new technologies or operational procedures and included a typographical error in a citation, which is now fixed.
(19 CFR Part 101 is available here.)
Duplicative Tariff Numbers
Section 102.20(f) is amended by removing the tariff numbers “2933.11 - 2934.99:” that are set forth before the sentence that begins with the words, “A change to” in the column headed, “tariff shift and/or other requirements”. A typographical error in the chapter was also fixed.
(19 CFR Part 102 is available here.)
Corrected Nomenclature
Parts 127 and 159 were updated to include the correct names of various government offices.
(19 CFR Part 127 is available here.) (19 CFR Part 159 is available here.)
Informant Compensation
Section 161.16 of the CBP regulations (19 CFR 161.16) pertains to filing a claim for informant compensation. This section contains an outdated reference to a Customs form that was abolished and replaced by a DHS form and an outdated reference to an investigative position.
(19 CFR Part 161 is available here.)
Updated Citation, Etc.
The final rule also makes several changes to Part 177. Section 177.13 of the CBP regulations (19 CFR 177.13) pertains to inconsistent customs decisions. This section contains an incorrect statutory citation. Accordingly, the first sentence in paragraph (a)(2)(i) of § 177.13 is amended by removing the incorrect reference to “(19 U.S.C. 1514(c) (1))” and replacing it with the reference to “(19 U.S.C. 1514(c)(2))”. Also, section 177.13 is amended by making non-substantive editorial and nomenclature amendments. As appropriate, the word “Customs” is replaced with the term “CBP” in the context of either a CBP official(s), CBP offices or CBP Headquarters in the title of the section, paragraph (a), the first sentence of paragraph (b)(2), and paragraph (d) of § 177.13. The words “Customs Service” are replaced with the term “CBP” in paragraphs (b)(2), (d), and (f) of § 177.13. Additionally, the word “shall” is replaced with the word “will” in paragraphs (a)(2), (c), and (f) of § 177.13. Finally, paragraph (b)(1) of § 177.13 is amended, by replacing the word “shall” with the word “must”.
(19 CFR Part 177 is available here.)
CBP contact- Maria Lloyd (202) 325-0369