Quiero saber acerca de...

35574

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
This document amends part 182 to add the general definitions and confidentiality provisions to Subpart A
General Provisions, and to add the implementing regulations for Subparts B
Import Requirements, C Export Requirements, D Post-Importation Duty Refund Claims, E Restrictions on Drawback and Duty-Deferral Programs, G Origin Verifications and Determinations, J Commercial Samples and Goods Returned after Repair or Alteration, and K Penalties. The implementing regulations for the remaining part 182 subparts will be included in a subsequent rulemaking to be published in the Federal Register at a later date.
Subpart AGeneral Provisions Definitions Section 182.1 sets forth the general definitions applicable to this part.
Chapter 1 of the USMCA sets forth the general and country-specific definitions to be applied throughout the USMCA, unless otherwise noted. Since 182.1
contains the definitions of the common terms that are used in multiple places in part 182, it includes definitions from 19
U.S.C. 4502, several Chapters of the USMCA, and the Uniform Regulations regarding rules of origin set forth in Appendix A to part 182. Additional definitions that are not common terms throughout part 182 and are applicable on a more limited basis are set forth elsewhere with the substantive provisions to which they relate. For instance, Appendix A to part 182
contains many definitions that are applicable only to the Uniform Regulations regarding rules of origin.

jbell on DSKJLSW7X2PROD with RULES2

Confidentiality To ensure protection of confidential information provided to a USMCA
countrys customs administration and to prevent the unauthorized disclosure of this information to third parties and to other USMCA countries, the USMCA
contains confidentiality protections.
These confidentiality provisions are set forth in USMCA Articles 5.12, 7.22, 7.26, and 7.28. The USMCA also extends the confidentiality provisions in Articles 5.12 and 7.22 to textile and apparel goods under USMCA Chapter 6.
See USMCA Article 6.9.
Article 5.12 generally governs the treatment of confidential information exchanged by USMCA countries. A
USMCA country that receives information designated as confidential from another USMCA country or that is deemed confidential under the receiving USMCA countrys laws is required to maintain the confidentiality of this
VerDate Sep<11>2014

18:05 Jul 02, 2021

Jkt 253001

information pursuant to its respective laws. The receiving USMCA country may use or disclose the confidential information, however, for purposes of administration or enforcement of its customs laws or as otherwise provided for under its law, including in an administrative, quasi-judicial, or judicial proceeding. See USMCA Article 5.12.1 and 5.12.3. A USMCA country may decline to provide information requested by another USMCA country if it has failed to act to keep information confidential in accordance with its law.
See USMCA Article 5.12.2. USMCA
Article 7.28 extends these confidentiality protections to Section B
in USMCA Chapter 7 on cooperation and enforcement. USMCA Article 7.26
governs the exchange of specific confidential information between USMCA countries and sets forth the procedures for USMCA countries to request and provide information that is normally collected in connection with the importation, exportation, or transit of a good for purposes of enforcing or assisting in the enforcement of measures concerning customs offenses.
USMCA Article 7.22 governs the protection of information, related to members of the trade community traders, received by the USMCA
countrys customs administration. It requires that each USMCA countrys customs administration apply measures governing the collection, protection, use, disclosure, retention, correction, and disposal of information that it collects from traders. See USMCA
Article 7.22.1. Each USMCA countrys customs administration must protect confidential information from use or disclosure, in accordance with its laws, that could prejudice the competitive position of the trader to whom the confidential information relates. See USMCA Article 7.22.2. The customs administration may use or disclose confidential information, however, for the purposes of administration or enforcement of its customs laws or as otherwise provided under its law, including in an administrative, quasijudicial, or judicial proceeding. See USMCA Article 7.22.3. The confidentiality provisions as set forth in USMCA Articles 5.12, 7.22, 7.26, and 7.28 apply to all applicable exchanges of confidential information between the USMCA countries, including a USMCA
Article 7.27 verification report containing information obtained during a verification, such as data and documents, that is provided when a USMCA country requests another USMCA country conduct a verification in its territory. Additionally, to further
PO 00000

Frm 00010

Fmt 4701

Sfmt 4700

safeguard confidential information, the USMCA allows the importer, exporter, or producer to send information directly to the USMCA country conducting a verification, including documents, to allow the party to protect its proprietary information. See USMCA Article 5.9.3.
Several U.S. statutes and regulations govern CBPs treatment and disclosure of confidential information. The exchange of information between USMCA countries is governed by 19
U.S.C. 1628. Section 209c of the USMCA Act amended section 628 of the Tariff Act of 1930 19 U.S.C. 1628 by striking subsection c and inserting language applicable to the USMCA in accordance with USMCA Articles 5.12, 7.26, and 7.28. Pursuant to 19 U.S.C.
1628c, the Secretary may authorize CBP to exchange information with any government agency of a USMCA
country if the Secretary reasonably believes the exchange of information is necessary to implement USMCA
chapters 2, 4, 5, 6, or 7, and obtains assurances from such agency that the information will be held in confidence and used only for governmental purposes.
The Privacy Act 5 U.S.C. 552a governs the collection, maintenance, use, and dissemination of personally identifiable information PII in systems of records maintained by Federal agencies. PII is defined as information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual, regardless of whether the individual is a U.S. citizen, lawful permanent resident, visitor to the United States, or employee or contractor of the Department of Homeland Security.
The Freedom of Information Act FOIA 5 U.S.C. 552 provides that any person has the right to request access to records from any federal agency. Under FOIAs terms, federal agencies must disclose records upon receiving a written request for them, except for those records or portions of records protected from disclosure by any of the nine exemptions or three exclusions found in the statute.
Part 5 of title 6 of the CFR 6 CFR part 5 governs the disclosure of information created or maintained by CBP and requested pursuant to the FOIA and Privacy Act. Part 103 of title 19 of the CFR 19 CFR part 103 governs the production and disclosure of CBPmaintained information under other statutory or regulatory provisions and/or as requested through administrative and/or legal processes. Accordingly, part 5 of title 6 and part 103 of title 19

E:FRFM06JYR2.SGM

06JYR2