96-32586. Public Meeting on the Meaning of ``Customs Business''

[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67871-67872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32586]


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DEPARTMENT OF THE TREASURY

Customs Service


Public Meeting on the Meaning of ``Customs Business''

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of meeting.

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SUMMARY: This notice announces that a public meeting will be held in 
Hearing Room B of the Interstate Commerce Commission Building in 
Washington, D.C., commencing at 10:00 a.m. on Tuesday, January 28, 
1997. The purpose of this meeting is to (1) provide the public with a 
briefing on Customs interpretation of the meaning of ``customs 
business'' as provided in section 641(a)(2) of the Tariff Act of 1930 
(19 U.S.C. 1641 (a)(2)), as amended by Title VI of the North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182); (2) surface 
and discuss differing public interpretations of this definition and 
related issues; and, (3) explore options for clarifying the differing 
interpretations. Due to limitations on available seating, those 
planning to attend are requested to notify Customs in advance.

DATES: January 28, 1997, from 10:00 a.m. to 2:00 p.m.

ADDRESSES: Interstate Commerce Commission Building, Hearing Room B, 
12th Street & Constitution Avenue, N.W., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Dale Snell, ``Mod Act'' Task Force, 
U.S. Customs Service, Franklin Court, 1301 Constitution Avenue, N.W., 
Washington, D.C. 20229. Phone: [phone]; FAX: [phone].

SUPPLEMENTARY INFORMATION: On December 8, 1993, the President signed 
the ``North American Free Trade Agreement Implementation Act.'' The 
Customs modernization portion of this Act (Title VI of Public Law 103-
182), popularly known as the Customs Modernization Act or ``Mod Act,'' 
amended the definition of ``customs business'' as contained in 19 
U.S.C. 1641(a)(2) to provide, among other things, that such business 
includes the preparation of documents but does not include the mere 
transmission of data received for transmission to Customs. The amended 
definition in 19 U.S.C. 1641 (a)(2)now reads:

    The term ``customs business'' means those activities involving 
transactions with the Customs Service concerning the entry and 
admissibility of merchandise, its classification and valuation, the 
payment of duties, taxes, or other charges, assessed or collected by 
the Customs Service upon

[[Page 67872]]

merchandise by reason of its importation, or the refund, rebate, or 
drawback thereof. It also includes the preparation of documents or 
forms in any format and the electronic transmission of documents, 
invoices, bills, or parts thereof, intended to be filed with the 
Customs Service in furtherance of such activities, whether or not 
signed or filed by the preparer, or activities relating to such 
preparation, but does not include the mere electronic transmission 
of data received for transmission to Customs.

    As Customs has focussed on the development of regulations to 
implement the Customs broker provisions of the ``Mod Act,'' it has 
become clear that there are different opinions on how the definition of 
``customs business'' in 19 U.S.C. 1641, should be interpreted. Based on 
the language of the statute, discussion in the legislative history of 
the ``Mod Act,'' and input received from the trade community, Customs 
set forth its understanding of the term in a draft proposed regulatory 
document that was posted on the Customs Electronic Bulletin Board 
(CEBB) on October 7, 1996, and subsequently, on the Customs Web site.
    To share its understanding of ``customs business'' with interested 
parties and give those parties an opportunity to ask questions and 
express their reactions and interpretations in an environment conducive 
to meaningful dialogue, Customs has decided to hold a public meeting. 
It is anticipated that different trade interests (including, but not 
limited to brokers, consultants, attorneys, accountants, carriers, 
drawback preparers, and foreign trade zone operators) will come 
prepared to discuss perceived rights and obligations of licensed 
Customs brokerage businesses and individual brokers and perceived 
limitations on activities that unlicensed individuals can perform on 
behalf of clients. Because seating is limited, reservations will be 
required. Persons planning to attend are requested to notify Mr. Dale 
Snell by FAX at [phone] or by phone at [phone].

    Dated: December 17, 1996.
John Durant,
Director, ``Mod Act'' Task Force.
[FR Doc. 96-32586 Filed 12-23-96; 8:45 am]
BILLING CODE 4820-02-P