CBP Clarifies Centers of Excellence and Expertise Regulations
CBP will clarify the regulations for the Centers of Excellence and Expertise due to errors in the text, the agency said in a technical correction notice. "This technical correction clarifies two sections of CBP regulations that do not currently reflect CBP’s operational structure or the objective of the 'Regulatory Implementation of the Centers of Excellence and Expertise' interim final rule [IFR]," the agency said. "This document amends CBP regulations to correct the discrepancies."
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After CBP issued regulatory changes to formalize the Centers (see 1612190014), the Environmental Protection Agency issued separate regulations that resulted in "contradictory regulatory text," CBP said. The contradictory language "states that the importer or consignee must deliver documentation of EPA approval to CBP, either at the port of entry or electronically, but later requires that EPA approval must be delivered to the port director," CBP said. "Pursuant to the Centers IFR, the EPA document must be delivered to CBP, either to the port of entry or electronically, to extend the authority to collect the document to either the Center director or port director." Also, "if good cause is shown, the Center director, rather than the port director, has the authority to extend the period of time for submission of the EPA approval."
Also left out of the CBP regulation was language to say "that if the Center director, rather than the port director, finds during the conditional release period of an imported textile or textile product, that the textile or textile product is not entitled to admission into the commerce of the United States because the country of origin of the textile or textile product was not accurately represented to CBP, he or she shall promptly demand its return to CBP custody," CBP said. "Although this amendment was described in the preamble of the Centers IFR, due to an inadvertent error" it was left out of the actual regulatory language.
(Federal Register 09/05/19)