Appendix to 19 CFR Part 0 - Treasury Department Order No. 100-16
19:1.0.1.1.1.0.1.3.1 :
Appendix to 19 CFR Part 0 - Treasury Department Order No. 100-16
Delegation from the Secretary of the Treasury to the Secretary
of Homeland Security of general authority over Customs revenue
functions vested in the Secretary of the Treasury as set forth in
the Homeland Security Act of 2002.
Treasury Department, Washington, DC, May 15, 2003.
By virtue of the authority vested in me as the Secretary of the
Treasury, including the authority vested by 31 U.S.C. 321(b) and
section 412 of the Homeland Security Act of 2002 (Pub. L. 107-296)
(Act), it is hereby ordered:
1. Consistent with the transfer of the functions, personnel,
assets, and liabilities of the United States Customs Service to the
Department of Homeland Security as set forth in section 403(1) of
the Act, there is hereby delegated to the Secretary of Homeland
Security the authority related to the Customs revenue functions
vested in the Secretary of the Treasury as set forth in sections
412 and 415 of the Act, subject to the following exceptions and to
paragraph 6 of this Delegation of Authority:
(a)(i) The Secretary of the Treasury retains the sole authority
to approve any regulations concerning import quotas or trade bans,
user fees, marking, labeling, copyright and trademark enforcement,
and the completion of entry or substance of entry summary including
duty assessment and collection, classification, valuation,
application of the U.S. Harmonized Tariff Schedules, eligibility or
requirements for preferential trade programs, and the establishment
of recordkeeping requirements relating thereto. The Secretary of
Homeland Security shall provide a copy of all regulations so
approved to the Chairman and Ranking Member of the Committee on
Ways and Means and the Chairman and Ranking Member of the Committee
on Finance every six months.
(ii) The Secretary of the Treasury shall retain the authority to
review, modify, or revoke any determination or ruling that falls
within the criteria set forth in paragraph 1(a)(i), and that is
under consideration pursuant to the procedures set forth in
sections 516 and 625(c) of the Tariff Act of 1930, as amended (19
U.S.C. 1516 and 1625(c)). The Secretary of Homeland Security
periodically shall identify and describe for the Secretary of the
Treasury such determinations and rulings that are under
consideration under sections 516 and 625(c) of the Tariff Act of
1930, as amended, in an appropriate and timely manner, with
consultation as necessary, prior to the Secretary of Homeland
Security's exercise of such authority. The Secretary of Homeland
Security shall provide a copy of these identifications and
descriptions so made to the Chairman and Ranking Member of the
Committee on Ways and Means and the Chairman and Ranking Member of
the Committee on Finance every six months. The Secretary of the
Treasury shall list any case where Treasury modified or revoked
such a determination or ruling.
(b) Paragraph 1(a) notwithstanding, if the Secretary of Homeland
Security finds an overriding, immediate, and extraordinary security
threat to public health and safety, the Secretary of Homeland
Security may take action described in paragraph 1(a) without the
prior approval of the Secretary of the Treasury. However,
immediately after taking any such action, the Secretary of Homeland
Security shall certify in writing to the Secretary of the Treasury
and to the Chairman and Ranking Member of the Committee on Ways and
Means and the Chairman and Ranking Member of the Committee on
Finance the specific reasons therefor. The action shall terminate
within 14 days or as long as the overriding, immediate, and
extraordinary security threat exists, whichever is shorter, unless
the Secretary of the Treasury approves the continued action and
provides notice of such approval to the Secretary of Homeland
Security.
(c) The Advisory Committee on Commercial Operations of the
Customs Service (COAC) shall be jointly appointed by the Secretary
of the Treasury and the Secretary of Homeland Security. Meetings of
COAC shall be presided over jointly by the Secretary of the
Treasury and the Secretary of Homeland Security. The COAC shall
advise the Secretary of the Treasury and the Secretary of Homeland
Security jointly.
2. Any references in this Delegation of Authority to the
Secretary of the Treasury or the Secretary of Homeland Security are
deemed to include their respective delegees, if any.
3. This Delegation of Authority is not intended to create or
confer any right, privilege, or benefit on any private person,
including any person in litigation with the United States.
4. Treasury Order No. 165-09, “Maintenance of delegation in
respect to general authority over Customs Revenue functions vested
in the Secretary of the Treasury, as set forth and defined in the
Homeland Security Act of 2002,” dated February 28, 2003, is
rescinded. To the extent this Delegation of Authority requires any
revocation of any other prior Order or Directive of the Secretary
of the Treasury, such prior Order or Directive is hereby
revoked.
5. This Delegation of Authority is effective May 15, 2003. This
Delegation is subject to review on May 14, 2004. By March 15, 2004,
the Secretary of the Treasury and the Secretary of Homeland
Security shall consult with the Chairman and Ranking Member of the
Committee on Ways and Means and the Chairman and Ranking Member of
the Committee on Finance to discuss the upcoming review of this
Delegation.
6. The Secretary of the Treasury reserves the right to rescind
or modify this Delegation of Authority, promulgate regulations, or
exercise authority at any time based upon the statutory authority
reserved to the Secretary by the Act.
John W. Snow,
Secretary of the Treasury.