[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17147]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 141 and 142
RIN 1515-AB21
Withdrawal Of Proposed Customs Regulations Amendments Relating To
Prefiling Of Entry Documentation
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of withdrawal.
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SUMMARY: This document withdraws proposed amendments to the Customs
Regulations which would have limited the privilege of prefiling
merchandise entry documentation to participants in the Automated Broker
Interface and to other entry filers where the carrier participates in,
or where transmission is otherwise through, the Automated Manifest
System. Customs has determined that the proposals should be withdrawn
based on concerns expressed by the trade community and because Customs
is not presently in a position to make the programming changes that
would be necessary to implement the proposals.
DATES: Withdrawal effective July 15, 1994.
FOR FURTHER INFORMATION CONTACT: Ernie Cunningham, Office of Inspection
and Control (202-927-0167).
SUPPLEMENTARY INFORMATION:
Background
On November 6, 1991, Customs published in the Federal Register (56
FR 56608) an Advance Notice of Proposed Rulemaking stating that Customs
was considering amending Parts 141 and 142 of the Customs Regulations
(19 CFR Parts 141 and 142) to limit merchandise entry prefiling (that
is, prior to arrival of the merchandise) privileges to: (1) entries
filed by entry filers who are participants in the Automated Broker
Interface (ABI); and (2) entries filed by non-ABI entry filers for
merchandise that is transported on carriers that are participants in
the Automated Manifest System (AMS). The document also gave advance
notice that if this proposal is adopted, Customs would within six
months of its adoption release selectivity results (that is, a
determination whether a general or intensive examination of merchandise
is necessary) prior to carriers' arrival only to entry filers whose
merchandise is transported on carriers that are participants in AMS.
Thus, in effect, while entry filers who are participants in ABI could
continue to prefile, provisional releases would only be issued by
Customs for merchandise transported on AMS carriers. The document
invited the public to submit written comments to assist Customs in
determining whether to proceed further with these proposals.
On December 13, 1993, Customs published in the Federal Register (58
FR 65135) a Notice of Proposed Rulemaking which, after discussing the
public comments submitted in response to the Advance Notice of Proposed
Rulemaking and noting that no regulatory change was necessary to
implement the proposal to narrow the category of entry filers to whom
selectivity results would be released prior to arrival, set forth
specific proposals to amend Secs. 141.68(a)(3) and 142.2(b)(1) of the
Customs Regulations (19 CFR 141.68(a)(3) and 142.2(b)(1)). The proposed
amendment to Sec. 141.68(a)(3) consisted essentially of a cross-
reference to Sec. 142.2(b)(1), and the proposed amendment to
Sec. 142.2(b)(1) involved setting forth three circumstances in which
entry documentation may be submitted before the merchandise arrives
within the limits of the port where entry is to be made. The first two
circumstances were essentially as outlined in the Advance Notice of
Proposed Rulemaking. The third circumstance, added in response to a
public comment, involved cases where, regardless of whether the carrier
transporting the merchandise for which the entry documentation is filed
is an AMS participant, there is an AMS transmission through the Express
Consignment Module of Air AMS regarding that carrier. The Notice of
Proposed Rulemaking invited public comments on the proposals which
would be considered before adoption of the proposals, and the public
comment period closed on February 11, 1994.
Ten letters were received setting forth comments on the proposed
regulatory amendments. Although the majority of these commenters
supported, in principle, one of the underlying Customs goals of
encouraging carriers to automate, a number of these commenters were of
the view that practical considerations militated against implementation
of the proposals under present circumstances. The cited circumstances
included the need for modifications to Air and Sea AMS to deal with
continuing operational problems, the need to provide access to AMS
through ABI, and the need to address the lack of adequate participation
in Air AMS on the part of freight forwarders and deconsolidators. Some
commenters objected in principle to the approach of encourging one
group to do something by taking a benefit away from another group, and
other commenters stated that the proposals would put small trucking
operators and small customs brokers at a competitive disadvantage vis-
a-vis larger entities that can more easily support the expense of
becoming operational in AMS and ABI.
Customs believes that the comments submitted in response to the
Notice of Proposed Rulemaking raise important issues that must be more
fully addressed before the published proposals are adopted. Those
comments, as well as further internal review of this matter by Customs,
demonstrate that the proposed changes to the existing prefiling policy
would require extensive programming changes in selectivity, AMS, the
Automated Air Arrival/Departure Log, and the yet to be developed
Automated Sea Arrival/Departure Log. Due to other programming
priorities, including the need to address unresolved problems in Air
AMS, and because of the unavailability of adequate personnel and
budgetary resources to devote to the task, Customs is not at the
present time in a position to pursue such large-scale programming
changes. Accordingly, the proposals set forth in the document published
in the Federal Register at 58 FR 65135 on December 13, 1993, are hereby
withdrawn.
George J. Weise,
Commissioner of Customs.
Approved: June 24, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-17147 Filed 7-14-94; 8:45 am]
BILLING CODE 4820-02-P
