[Federal Register: January 8, 1999 (Volume 64, Number 5)]
[Rules and Regulations]               
[Page 1122-1123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja99-11]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

[T.D. 99-4]
RIN 1515-AC33

 
Mandatory Seizure of Certain Plastic Explosives

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations regarding the 
types of merchandise that are required to be seized and forfeited if 
introduced or attempted to be introduced into the United States 
contrary to law. The Customs Regulations reflect the statutory list of 
such merchandise set forth in 19 U.S.C. 1595a(c)(1). That statute was 
amended to add plastic explosives not containing a detection agent to 
the list of merchandise required to be seized and forfeited. This 
document conforms the Customs Regulations to that statutory change.

EFFECTIVE DATE: January 8, 1999.

FOR FURTHER INFORMATION CONTACT: Todd J. Schneider, Penalties Branch, 
202-927-1694.

SUPPLEMENTARY INFORMATION:

[[Page 1123]]

Background

    Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1)) 
sets forth a list of merchandise which, if introduced or attempted to 
be introduced into the United States contrary to law, are required to 
be seized and forfeited.
    Section 162.23(a), Customs Regulations (19 CFR 162.23(a)), reflects 
the list of merchandise that must be mandatorily seized if introduced 
or attempted to be introduced into the United States contrary to law as 
set forth in 19 U.S.C. 1595a(c).
    Title VI, section 606 of Pub. L. 104-132, the ``Antiterrorism and 
Effective Death Penalty Act of 1996,'' amended 19 U.S.C. 1595a(c)(1), 
effective April 24, 1997, to add to the list of merchandise required to 
be seized, merchandise that ``is a plastic explosive, as defined in 
section 841(q) of Title 18, United States Code, which does not contain 
a detection agent, as defined in section 841(p) of such title.'' This 
amendment was made to implement the Convention on the Marking of 
Plastic Explosives for the Purpose of Detection, which the United 
States entered into at Montreal, Canada, in 1991.
    This document amends Sec. 162.23(a), Customs Regulations, to 
reflect that amendment to 19 U.S.C. 1595a(c)(1).

Inapplicability of Public Notice and Comment Requirements and 
Delayed Effective Date Requirements

    Inasmuch as this amendment merely conforms the Customs Regulations 
to existing law, pursuant to 5 U.S.C. 553(b)(3)(B), good cause exists 
for dispensing with notice and public procedure for this amendment as 
they are unnecessary. For the same reason, pursuant to 5 U.S.C. 
553(d)(3), a delayed effective date is not required.

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 document does not meet the criteria for a significant 
regulatory action under Executive Order 12866.
    Drafting Information: The principal author of this document was 
Janet Johnson, Regulations Branch, Office of Regulations and Rulings, 
U.S. Customs Service. However, personnel from other offices 
participated in its development.

List of Subjects in 19 CFR Part 162

    Customs duties and inspection, Imports, Inspection, Law 
enforcement, Prohibited merchandise, Restricted merchandise, Seizures 
and forfeitures.

Amendment to the Regulations

    For the reasons set forth in the preamble, part 162 of the Customs 
Regulations (19 CFR part 162) is amended as set forth below.

PART 162--INSPECTION, SEARCH AND SEIZURE

    1. The general authority citation for part 162 and the specific 
authority citation for Sec. 162.23 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1624.
* * * * *
    Section 162.23 also issued under 19 U.S.C. 1595a(c).
* * * * *
    2. Section 162.23(a) is amended by removing the word ``or'' at the 
end of paragraph (a)(2); by removing the period at the end of paragraph 
(a)(3) and adding ``; or'' in its place; and by adding a new paragraph 
(a)(4) to read as follows:


Sec. 162.23  Seizure under section 596(c) Tariff Act of 1930, as 
amended (19 U.S.C. 1595a(c)).

    (a) Mandatory seizures. * * *
* * * * *
    (4) A plastic explosive, as defined in section 841(q) of title 18, 
United States Code, which does not contain a detection agent, as 
defined in section 841(p) of that title.
* * * * *
    Approved: December 1, 1998.
Raymond W. Kelly,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-376 Filed 1-7-99; 8:45 am]
BILLING CODE 4820-02-P