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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
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producers the right to request administrative review and appeal of marking decisions, USMCA exporters and producers may not file a protest of a marking determination under the USMCA, unless the exporter or producer is acting as the IOR.
D. Tariff-Rate Quota for SugarContaining Products Originating in Canada Tariff-rate quotas permit a specified quantity in-quota quantity of merchandise to be entered or withdrawn for consumption at a reduced duty rate in-quota tariff rate of duty during a specified period. See 19 CFR 132.1b.
Appendix 2 to Annex 2B of Chapter 2
of the USMCA, entitled Tariff Schedule of the United StatesTariff Rate Quotas, reflects the tariff-rate quotas that the United States will apply to certain originating goods from Canada under the USMCA. These originating goods from Canada are permitted entry into the territory of the United States, at the in-quota quantity, subject to the reduced quota rates instead of the rates of duty specified in Chapter 1 through Chapter 97 of the HTSUS.
Paragraph 15 of Appendix 2 to Annex 2B of the USMCA sets out the tariffrate quota for sugar-containing products of Canada, including the aggregate quantity of originating goods of Canada permitted to enter free of duty in each calendar year and the article description of the qualifying originating goods.
Pursuant to section 103c4 of the USMCA Act, which authorizes the President to take necessary actions to implement the tariff-rate quotas in the Schedule of the United States to Annex 2B of the USMCA, the special classification provisions in Chapter 98
of the HTSUS have been modified to include the sugar-containing products subject to this tariff-rate quota.
The tariff-rate quota for sugarcontaining products of Canada under the USMCA will be administered using export certificates. When Canada provides the United States with the written notification of its intent to require export certificates for sugarcontaining products in accordance with paragraph 15d of Appendix 2 of Annex 2B of the USMCA, the USTR will publish a notice in the Federal Register announcing this determination. In any year for which the USTR has published such a determination in the Federal Register, imports of the sugarcontaining products of Canada, at the in-quota quantity, will only be eligible for the in-quota tariff rate of duty if the U.S. importer makes a declaration to CBP, in the form and manner determined by CBP, that a valid export
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certificate issued by the Government of Canada is in effect for the goods.
Section 132.17 of title 19 of the CFR
19 CFR 132.17 sets forth the form and manner determined by CBP to constitute a required declaration that a valid export certificate is in effect for the goods. Specifically, 132.17 governs the requirement for an export certificate for sugar-containing products to qualify for the tariff-rate quota and provides a description of the sugar-containing products subject to these requirements, when the export certificate is valid, and the recordkeeping retention and production requirements. For the sugarcontaining products described in 132.17a, the importer must possess a valid export certificate in order to claim the in-quota tariff rate of duty on the products at the time they are entered or withdrawn from warehouse for consumption. The importer must record the unique identifier of the export certificate for these products on the entry summary or warehouse withdrawal for consumption Customs Form 7501, column 34, or its electronic equivalent. The Government of Canada will issue the export certificates. A
certificate is valid if it meets the requirements of 15 CFR 2015.3b. If the export certificate is valid, it will authorize entry into the United States at the in-quota tariff rate of duty established under the USMCA.
III. Amendments to the Regulations Pursuant to 19 U.S.C. 4535a, the Secretary of the Treasury has the authority to prescribe such regulations as may be necessary to implement the USMCA. Section 103b1 of the USMCA Act 19 U.S.C. 4513b1
requires that initial regulations necessary or appropriate to carry out the actions required by or authorized under the USMCA Act or proposed in the Statement of Administrative Action approved under 19 U.S.C. 4511a2 to implement the USMCA shall, to the maximum extent feasible, be prescribed within one year after the date on which the USMCA enters into force. This IFR
amends the CBP regulations to implement significant portions of the USMCA. CBP will promulgate the remaining USMCA implementing regulations.
In order to provide transparency and facilitate their use, the majority of the USMCA implementing regulations are set forth in part 182 of title 19 of the CFR, entitled the United States-MexicoCanada Agreement. Part 182 sets forth the USMCA preferential tariff treatment and other customs related provisions.
This IFR amends part 182 to add regulations implementing significant
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portions of USMCA Chapters 1, 2, 5, and 7, as discussed above, in the existing part 182 regulatory framework.
Additionally, this document makes necessary amendments to other parts of title 19 of the CFR to implement relevant USMCA provisions and to apply the part 102 rules when determining the country of origin for marking purposes for goods imported from USMCA countries.
All of the regulatory amendments made in this document are consistent with the provisions of the USMCA, the Uniform Regulations regarding origin procedures, and the USMCA Act 19
U.S.C. Chapter 29.
A. Part 10
Section 10.8 sets forth the documentation requirements for articles exported for repairs or alterations. As explained further in Section III.F., Subpart JCommercial Samples and Goods Returned after Repair or Alteration below, CBP is applying the documentation provisions of 10.8a, b, and c to the entry of goods which are returned from Canada or Mexico after having been exported for repairs or alterations and which are claimed to be duty-free. Section 10.8a2 provides that a declaration must be completed by the owner, importer, consignee, or agent having knowledge of the pertinent facts and filed during entry of the articles that are returned after having been exported for repairs or alterations. Currently, this declaration requires the individual completing it to state that such articles were exported from the United States for repairs or alterations and without benefit of drawback. This portion of the declaration is necessary because ordinarily these re-entered goods do not qualify for a reduced duty rate with the benefit of drawback. However, there is an exception provided in U.S. Note 1 of Subchapter II, Chapter 98, HTSUS, for NAFTA and USMCA drawback. Goods re-entered after repair or alteration are eligible for duty-free treatment even if subject to NAFTA or USMCA drawback.
Accordingly, CBP is amending the declaration in 10.8a2 to clarify this distinction by adding unless subject to USMCA drawback after without the benefit of drawback.
B. Part 102
Part 102, Rules of Origin, sets forth rules for determining the country of origin of certain imported goods. CBP is amending part 102 of title 19 of the CFR
19 CFR part 102 to apply its rules of origin to determine the country of origin for marking purposes of goods imported from Canada or Mexico under the
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