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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations part 174, unless CBP determines that there is a pattern of conduct of false or unsupported representations pursuant to 19 U.S.C. 1514f. CBP will be amending part 174 to allow exporters and producers to exercise their protest rights in a subsequent rulemaking to be published in the Federal Register at a later date.
Section 182.76, Repeated false or unsupported preference claims, states that, in accordance with USMCA Article 5.9.17, if a verification reveals a pattern of conduct by the importer, exporter, or producer of false or unsupported representations that a good imported into the United States qualifies for USMCA preferential tariff treatment, CBP may withhold preferential tariff treatment for entries of identical goods until CBP determines that representations of that person are in conformity with part 182 and with General Note 11, HTSUS.
As explained in more detail above in Section III.F., Subpart AGeneral Provisions, CBP has a duty to ensure the protection of confidential business information. In order to ensure compliance with the applicable U.S.
statutory and regulatory provisions, CBP
has decided to apply the confidentiality regulations in 182.2 to any of the notifications made during a verification that potentially involve information disclosures to third parties. These include CBPs notification of the initiation of a verification to the importer 182.73c, sending a request for information to the exporter or producer prior to issuing a negative determination 182.75c1, the issuance of a positive or negative determination of origin 182.75, and the issuance of the intent to deny 182.75c3. The provision that allows the importer, exporter, or producer to send information directly to CBP to protect its proprietary information is set forth in 182.72c.

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Subpart IAutomotive Goods Subpart I of part 182 pertains to automotive goods. The regulations in subpart I, which are currently reserved as 182.91182.93, may be more expansive than previously anticipated.
To allow for this possibility, the numbering structure of the regulations in subpart J has been modified, as explained below. The actual text of the subpart I regulations will be included in a subsequent rulemaking to be published in the Federal Register at a later date.

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Subpart JCommercial Samples and Goods Returned After Repair or Alteration Subpart J 19 CFR 182.111182.112
provides for the duty-free treatment of commercial samples of negligible value and goods re-entered after repair or alteration in Canada or Mexico. The regulations in subpart J, which were previously reserved as 182.101 and 182.102, are redesignated as 182.111
and 182.112 due to changes in the numbering structure of subpart I of part 182, discussed above.
Commercial Samples Section 182.111 defines commercial samples of negligible value, based on Article 2.1 of the USMCA, as commercial samples which have a value, individually or in the aggregate as shipped, of not more than one U.S.
dollar, or the equivalent amount in the currency of Canada or Mexico; or which are so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples. These commercial samples of negligible value qualify for duty-free entry from Canada or Mexico, in accordance with Article 2.9 of the USMCA, only if the samples are imported solely for the purpose of soliciting orders for foreign goods or services.
Goods Re-Entered After Repair or Alteration in Canada or Mexico Section 182.112 sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Canada or Mexico. This section also contains the conditions under which these goods are not eligible for duty-free treatment and provides the documentation requirements. The documentary requirements set forth in 10.8a, b, and c apply to goods claiming dutyfree treatment under 182.112. While CBP is aware that under ordinary circumstances 10.8 applies to articles claimed to be subject to duty on the value of the repairs or alterations performed abroad, for purposes of the USMCA, the same documentation requirements in 10.8a, b, and c apply in connection with the entry of goods returned after repairs or alterations from Canada or Mexico which are claimed to be duty-free under the USMCA.
Subpart KPenalties Subpart K of part 182 19 CFR
182.121182.124 sets forth penalties provisions, including those related to general penalties under the USMCA
182.121, corrected claim or
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certification of origin by importers 182.122, corrected certification of origin by U.S. exporters or producers 182.123, and the framework for correcting claims or certifications of origin 182.124. The regulations in subpart K, which were previously reserved as 182.111182.114, are redesignated as 182.121182.124 due to changes in the numbering structure of subparts I and J of part 182, as discussed above. These provisions are in accordance with Articles 5.13, 5.4.2, 5.6.3, and 7.18 of the USMCA.
As stated in 182.121, except as otherwise provided in subpart K, all criminal, civil, or administrative penalties which may be imposed on U.S. importers, exporters, and producers for violations of the customs and related U.S. laws and regulations will also apply to U.S. importers, exporters, and producers for violations of the U.S. laws and regulations relating to the USMCA.
An importer who makes a corrected claim or certification of origin, and an exporter or producer who provides written notification of an incorrect certification of origin will not be subject to civil or administrative penalties under 19 U.S.C. 1592 if the corrected claim, certification of origin, or written notification is made promptly and voluntarily. Section 182.124, Framework for correcting claims or certifications of origin, defines promptly and voluntarily for these purposes, provides that in cases involving fraud or subsequent incorrect claims a person may not voluntarily correct a claim or certification of origin, sets forth the requirements for the statement that must accompany each corrected claim or certification of origin, and requires that a U.S. importer who makes a corrected claim must tender any actual loss of duties and merchandise processing fees, if applicable.
G. Part 190
Part 190, Modernized Drawback, sets forth the general provisions applicable to all drawback claims and specialized provisions applicable to specific types of drawback claims filed under 19
U.S.C. 1313, as amended. CBP is amending part 190 to make conforming edits to include USMCA drawback claims. The scope provision in 190.0
is amended to clarify that additional drawback provisions relating to the USMCA are contained in subpart E of part 182. Section 190.0a addresses claims filed under NAFTA and CBP is amending the paragraph heading of 190.0a to reflect that this section is applicable to claims filed under both NAFTA and the USMCA. Section 190.0a
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