Common use of 36a Clause in Contracts

36a. 36a sets forth the provisions for the temporary importation of vehicles, pleasure boats, and aircraft brought into the United States by an operator for repair or alteration. Specifically, § 10.36a currently defines the phrase ‘‘for repair or alteration’’ with a reference to §§ 10.8, 10.490, 10.570, and 181.64 of title 19 of the CFR. The definition of ‘‘repairs or alterations’’ in §§ 10.490, 10.570, and 181.64 of title 19 of the CFR provides that ‘‘repairs or alterations’’ means restoration, addition, renovation, re-dyeing, cleaning, re-sterilizing, or other treatment that does not destroy the essential characteristics of, or create a new or commercially different good from, the good exported from the United States. This definition of ‘‘repairs or alterations’’ is included in 19 CFR 182.112, which contains the rules that apply for purposes of obtaining duty- free treatment of goods returned after repair or alteration in Canada or Mexico under the USMCA. CBP has decided that, rather than adding additional cross-references in § 10.36a to § 182.112 and the other relevant FTA regulations, CBP will add the definition of ‘‘repair or alteration’’ to § 10.36a to make it more transparent to the public. Thus, CBP is revising § 10.36a to remove the cross- references and to add the text of the definition of ‘‘repairs or alterations.’’

36a. 36a sets forth the provisions for the temporary importation importa- tion of vehicles, pleasure boats, and aircraft brought into the United States by an operator for repair or alteration. Specifically, § 10.36a currently defines the phrase ‘‘for repair or alteration’’ with a reference to §§ 10.8, 10.490, 10.570, and 181.64 of title 19 of the CFR. The definition of ‘‘repairs or alterations’’ in §§ 10.490, 10.570, and 181.64 of title 19 of the CFR provides that ‘‘repairs or alterations’’ means restoration, addition, renovation, re-dyeing, cleaning, re-sterilizing, or other treatment that does not destroy the essential characteristics of, or create a new or commercially different good from, the good exported from the United States. This definition of ‘‘repairs or alterationsaltera- tions’’ is included in 19 CFR 182.112, which contains the rules that apply for purposes of obtaining duty- duty-free treatment of goods returned after repair or alteration in Canada or Mexico under the USMCA. CBP has decided that, rather than adding additional cross-references in § 10.36a to § 182.112 and the other relevant FTA regulations, CBP will add the definition of ‘‘repair or alteration’’ to § 10.36a to make it more transparent to the public. Thus, CBP is revising § 10.36a to remove the cross- cross-references and to add the text of the definition of ‘‘repairs or alterations.’’