Quiero saber acerca de...

35580

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
is also amended to clarify that USMCA
drawback claims filed under the provisions of part 182 must be filed separately from claims filed under the provisions of part 190 currently it only lists NAFTA drawback claims filed under part 181. And lastly, 190.51
provides the process for completion of drawback claims and CBP is making conforming changes such as referencing the USMCA and part 182 to indicate that the same process is used for both NAFTA drawback and USMCA
drawback claims.
IV. Statutory and Regulatory Requirements
jbell on DSKJLSW7X2PROD with RULES2

A. Administrative Procedure Act Under section 553 of the Administrative Procedure Act APA 5
U.S.C. 553, agencies generally are required to publish a notice of proposed rulemaking in the Federal Register that solicits public comment on the proposed regulatory amendments, consider public comments in deciding on the content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. This rule is exempt from APA
rulemaking requirements pursuant to 5
U.S.C. 553a1 as a foreign affairs function of the United States because it is promulgating several of the U.S.
domestic regulations necessary to implement the preferential tariff treatment and customs related provisions of the USMCA, which is a trilateral agreement negotiated between the United States, Mexico, and Canada.
However, CBP is soliciting comments on this IFR and will consider all comments received before issuing a final rule.
For the same reasons, a delayed effective date is not required under 5
U.S.C. 553d3. The USMCA entered into force on July 1, 2020. CBP provided guidance to the public on how to comply with the requirements of the USMCA by posting on the CBP website, available at https www.cbp.gov/trade/
priority-issues/trade-agreements/freetrade-agreements/USMCA, the U.S.
USMCA Implementing Instructions, which were issued on March 25, 2020
and updated on June 30, 2020. The provisions of this IFR codify several of these Implementing Instructions. A
delayed effective date would cause additional confusion and would be impractical, unnecessary, and contrary to public interest.
B. Executive Orders 13563 and 12866
Executive Orders 13563 and 12866
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is
VerDate Sep<11>2014

18:05 Jul 02, 2021

Jkt 253001

necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.
Rules involving the foreign affairs function of the United States are exempt from the requirements of Executive Orders 13563 and 12866. Because this rule involves a foreign affairs function of the United States by implementing a trilaterally negotiated agreement between the United States, Mexico, and Canada, this rule is not subject to the provisions of Executive Orders 13563
and 12866.
C. Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities i.e., small businesses, small organizations, and small governmental jurisdictions when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule.
D. Paperwork Reduction Act The collection of information in this document has been approved by OMB
in accordance with the Paperwork Reduction Act 44 U.S.C. 3507 under OMB control numbers 16510117, 16510098, and 16510023. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. The collections of information and recordkeeping requirements related to this rule have been approved by OMB under an emergency revision and extension of collection number 16510117 Free Trade Agreements, an emergency revision of collection number 1651
0098 NAFTA Regulations and Certificate of Origin, and an emergency revision and extension of collection number 16510023 CBP Form 28
Request For Information. The revision of collection number 16510117 is necessary for CBP to collect the information needed to implement the USMCA. The revision of collection
PO 00000

Frm 00016

Fmt 4701

Sfmt 4700

number 16510023 is necessary to reflect an increase in burden hours due to the use of CBP Form 28 for an additional purpose: Requesting additional information needed for enforcing the USMCA. The revision of collection number 16510098 is necessary to reflect the reduction in burden hours that results from the USMCA superseding NAFTA and the repeal of the NAFTA Implementation Act, as of the USMCAs entry into force date of July 1, 2020. Importers, who did not claim preferential tariff treatment at the time of importation, have one year from the date of importation of the originating goods to file postimportation claims. These importers may need to use the NAFTA Certificate of Origin to file a post-importation claim for goods from Canada and Mexico entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020 during that one-year time period. Once one year has elapsed, CBP
will discontinue this information collection. The likely respondents for these information collections are importers, exporters, producers, and customs brokers.
The information collection requirements will result in the following estimated burden hours:
Free Trade Agreements Estimated Number of Annual Respondents: 4,699,460.
Estimated Number of Annual Responses per Respondent: 1.00034.
Estimated Total Annual Responses:
4,701,060.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden Hours: 9,402,120.
NAFTA Certificate of Origin Estimated Number of Annual Respondents: 13,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Total Annual Responses:
13,000.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden Hours: 26,000.
NAFTA Questionnaire Estimated Number of Annual Respondents: 400.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Total Annual Responses:
400.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden Hours: 800.

E:FRFM06JYR2.SGM

06JYR2