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CBP Final Rule Makes Technical Corrections to the Part 174 Protest Regs

U.S. Customs and Border Protection has issued a final rule, effective January 14, 2011, which amends 19 CFR by making technical corrections to certain protest provisions within Part 174 and certain related provisions in Parts 145, 159 and 173.

Needed to Conform Regs with Changes Made by 2004 Trade Act, Mod Act, Etc.

CBP states that the technical corrections are necessary to conform 19 CFR to reflect amendments to Part 174’s underlying statutory authority effected by the Miscellaneous Trade and Technical Corrections Act of 2004, the Miscellaneous Trade and Technical Corrections Act of 1999, and the Customs Modernization (Mod Act) provisions of the North American Free Trade Agreement (NAFTA) Implementation Act.

For example, these acts amended 19 USC to (partial list):

Examples of Technical Changes

The following are examples of the technical changes to the regulations in 19 CFR made by the final rule:

(The final rule also makes related conforming changes to other provisions within 19 CFR, as necessitated by these statutory amendments, as well as non-substantive editorial and nomenclature changes.)

Any Amendments Requiring Statutory Interpretation to be Proposed Separately

According to CBP, any amendments to the CBP regulations, including regulations amended by this notice, that require statutory interpretation are not be included in this final rule and will be published in a separate proposed rulemaking.

(Note that as the current final rule is technical in nature, there was no proposed rule.)

CBP contact - Julia Rieper (202) 325-0226

(FR Pub 01/14/11)