[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Rules and Regulations]
[Page 12634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr08-3]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 4
[CBP Dec. 08-02]
Addition of Lithuania to the List of Nations Entitled to Special
Tonnage Tax Exemption
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: Pursuant to information provided by the Department of State,
Customs and Border Protection has found that no discriminating or
countervailing duties are imposed by the government of Lithuania on
vessels owned by citizens of the United States. Accordingly, vessels of
Lithuania are exempt from special tonnage taxes and light money in
ports of the United States. This document amends title 19 of the Code
of Federal Regulations by adding Lithuania to the list of nations whose
vessels are exempt from payment of any higher tonnage duties than are
applicable to vessels of the United States and from the payment of
light money.
DATES: This amendment is effective March 10, 2008. The exemption from
special tonnage taxes and light money for vessels registered in
Lithuania became applicable on February 13, 2002.
FOR FURTHER INFORMATION CONTACT: Glen Vereb, Regulations and Rulings,
Office of International Trade, (202) 572-8724.
SUPPLEMENTARY INFORMATION:
Background
Generally, the United States imposes regular and special tonnage
taxes, and a duty of a specified amount per ton, called ``light
money,'' on all foreign vessels which enter U.S. ports (46 U.S.C.
60301-60303). However, vessels of a foreign country may be exempted
from the payment of special tonnage taxes and light money upon
presentation of satisfactory proof that the government of that foreign
country does not impose discriminatory or countervailing duties to the
disadvantage of the United States (46 U.S.C. 60304).
Section 4.22, Customs and Border Protection (CBP) regulations (19
CFR 4.22), lists those countries whose vessels have been found to be
exempt from the payment of any higher tonnage duties than are
applicable to vessels of the United States and from the payment of
light money. The authority to amend this section of the CBP regulations
has been delegated to the Chief, Trade and Commercial Regulations
Branch, Regulations and Rulings, Office of International Trade.
By letter dated April 13, 2007, the Department of State informed
CBP that the government of Lithuania does not impose discriminating or
countervailing duties on vessels owned by citizens of the United
States. Accordingly, the Department of State recommended that Lithuania
be added to the list of countries whose vessels are exempt from special
tonnage taxes and light money in ports of the United States, effective
February 13, 2002.
Finding
On the basis of the above-mentioned information from the Department
of State regarding the absence of discriminating or countervailing
duties imposed by the government of Lithuania on vessels owned by
citizens of the United States, CBP has determined that vessels of
Lithuania are exempt from the payment of special tonnage tax and light
money, effective February 13, 2002. The CBP regulations are amended
accordingly.
Inapplicability of Notice and Delayed Effective Date
Because this amendment merely implements a statutory requirement
and confers a benefit upon the public, CBP has determined that notice
and public procedure are unnecessary pursuant to section 553(b)(B) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). Further,
for the same reasons, good cause exists for dispensing with a delayed
effective date under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)).
Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. This amendment does not meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866.
Signing Authority
This document is being issued by CBP in accordance with Sec.
0.1(b)(1) of the CBP regulations (19 CFR 0.1(b)(1)).
List of Subjects in 19 CFR Part 4
Cargo vessels, Customs duties and inspection, Maritime carriers,
Vessels.
Amendment to the CBP Regulations
0
For the reasons set forth above, part 4 of title of the Code of Federal
Regulations (19 CFR part 4) is amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 and the specific authority
for Sec. 4.22 are revised to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 501, 60105.
* * * * *
Section 4.22 also issued under 46 U.S.C. 60301, 60302, 60303,
60304, 60305, 60306, 60312, 60503;
* * * * *
Sec. 4.22 [Amended]
0
2. Section 4.22 is amended by adding ``Lithuania'' in appropriate
alphabetical order.
Dated: March 5, 2008.
Craig A. Walker
Acting Chief, Trade and Commercial Regulations Branch, Regulations and
Rulings, Office of International Trade.
[FR Doc. E8-4641 Filed 3-7-08; 8:45 am]
BILLING CODE 9111-14-P