[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1593]
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DEPARTMENT OF THE TREASURY
Announcement of National Customs Automation Test Regarding
Electronic Protest Filing
AGENCY: Customs Service, Department of the Treasury.
ACTION: General notice.
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SUMMARY: This notice announces Customs plan to conduct a test regarding
the electronic filing of protests. This notice invites public comments
concerning any aspect of the test, informs interested members of the
public of the eligibility requirements for voluntary participation in
the test, and describes the basis on which Customs will select
participants.
EFFECTIVE DATE: The test will commence no earlier than May 1, 1996, and
will run for approximately six months. Comments must be received on or
before February 29, 1996. Anyone interested in participating in the
test should contact Customs on or before February 29, 1996.
ADDRESSES: Written comments regarding this notice and information
submitted to be considered for voluntary participation in the test,
should be addressed to the Chief, Commercial Compliance Branch, U.S.
Customs Service, 1301 Constitution Avenue, N.W. Room 1313, Washington
D.C. 20229-0001.
FOR FURTHER INFORMATION CONTACT:
For protest systems or automation issues: Steve Linnemann (202) 927-
0436.
For information on how to become ABI operational: Kris Crane (202) 927-
0452.
For operational or policy issues: Jim Casler (713) 313-2876.
SUPPLEMENTARY INFORMATION:
Background
Title VI of the North American Free Trade Agreement Implementation
Act (the Act), Public Law 103-182, 107 Stat. 2057 (December 8, 1993),
contains provisions pertaining to Customs Modernization (107 Stat.
2170). Subtitle B of title VI establishes the National Customs
Automation Program (NCAP)--an automated and electronic system for the
processing of commercial importations. Section 631 in Subtitle B of the
Act creates sections 411 through 414 of the Tariff Act of 1930 (19
U.S.C. 1411-1414), which define and list the existing and planned
components of the NCAP (section 411), promulgate program goals (section
412), and provide for the implementation and evaluation of the program
(section 413). In addition section 645 of the Act provides for the
electronic filing of protests. Section 411 (2) (A) defines the
``electronic filing and status of protests'' as a ``Planned Component''
of the NCAP. Section 101.9(b) of the Customs Regulations (19 CFR
101.9(b)), implements the testing of NCAP components. See T.D. 95-21
(60 FR 14211, March 16,1995).
I. Description of the Test
The Concept of Electronic Protest Filing
The Customs Service has developed transaction sets for the
Automated Broker Interface (ABI) system which will allow the following
to be filed electronically and their status tracked electronically:
(1) Protests against decisions of the Customs Service under 19
U.S.C. 1514;
(2) Claims for refunds of Customs duties or corrections of errors
requiring reliquidation pursuant to 19 U.S.C. 1520(c) and (d); and
(3) Interventions in an importer's protest by an exporter or
producer of merchandise from a country that is a party to the North
American Free Trade Agreement under Sec. 181.115 of the Customs
Regulations.
Customs Regulations regarding who has the right to file a protest
and the port having jurisdiction over the protest remain the same. For
the purposes of the test, the date of filing for a protest will be
determined by the date of ABI input of the protest based on midnight
eastern standard time. A customhouse broker will be able to input the
protest from any computer processing location, but will still have to
be licensed to transact business at the port where the protest is
filed.
The test will be implemented at selected ports. Ports selected will
depend in part upon the number of volunteers who transact Customs
business at those ports and the anticipated volume of protests filed at
those ports.
II. Eligibility Criteria
In order to qualify for the electronic protest test, volunteers
must be currently ABI operational, or become ABI operational, and
willing to develop or acquire the software necessary to input protests
into and interact with the electronic protest programming which has
been established within Customs Automated Commercial System (ACS).
Note that participation in this testing will not constitute
confidential information and lists of participants will be made
available to the public upon written request.
Test Participation Application
This notice requests volunteers for the test. Protest filers who
wish to volunteer for the test should contact the Trade Compliance
Branch, U.S. Customs Service, 1301 Constitution Avenue, N.W., Room
1322, Washington D.C. 20229-0001 on or after the date set forth in the
effective date paragraph at the beginning of this notice.
Basis for Participation Selection
Eligible filers will be considered for participation in the test.
Those not selected for participation will be invited to comment on the
design, conduct, and evaluation of the test. Selections will be based
on anticipated volume of protests, ports identified as having
jurisdiction over those protests, and the selectee's electronic
abilities to interface with Customs ABI electronic protest programming.
Participants selected will be notified by means of the Customs
Electronic Bulletin Board and the Customs Administrative Message System
and by letter of notification.
III. Test Evaluation Criteria
Once participants are selected, Customs and the participants will
meet to review all public comments received concerning any aspect of
the test program or procedures, finalize procedures in light of those
comments, form problem solving teams, and establish baseline measures
and evaluation methods and criteria. At 90 days and 180 days after
commencement, evaluations of the test will be conducted with the final
results published in the Federal Register as required by Sec. 101.9(b)
of the Customs Regulations.
Dated: January 22, 1996.
Samuel H. Banks,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 96-1593 Filed 1-29-96; 8:45 am]
BILLING CODE 4820-02-P
