[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16544]


[[Page Unknown]]

[Federal Register: July 8, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 174

[T.D. 94-55]
RIN 1515-AB52

 

Permitted Forms of Signatures on Protests

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations regarding what 
Customs will consider to be an acceptable method of identifying the 
filer of a protest filed to contest a Customs decision regarding 
imported merchandise. The current regulations require that a protest be 
signed by the person filing the protest. In light of advances in 
methods of communication and the movement of Customs toward automation 
in all aspects of its operations, Customs will now accept methods of 
identification on protests and amendments to protest forms other than 
those which are handwritten in ink. The document also amends the 
regulations to allow amendments of protests to have the same types of 
identification as original protests.

EFFECTIVE DATE: August 8, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Rose Johnson, Office of Trade 
Operations, (202) 927-0376.

SUPPLEMENTARY INFORMATION:

Background

    Section 514 of the Tariff Act of 1930, as amended (19 U.S.C. 1514), 
establishes the procedures which the public can use to administratively 
contest Customs decisions with respect to imported merchandise. 
Procedures for filing protests of decisions of district directors, 
including the legality of all orders and findings, are set forth in 
Secs. 174.11-174.16 of the Customs Regulations. Section 174.12 (c) 
currently requires that protests ``be signed by the person filing the 
protest, or his agent, or attorney.''
    Customs has determined that requiring handwritten signatures on 
protests is unnecessary. Customs published a Notice of Proposed 
Rulemaking which appeared in the Federal Register (58 FR 50300) on 
September 27, 1993, proposing to permit filing of protests without 
requiring actual handwritten signatures on the protest. Customs stated, 
in the proposal, that as long as a protest contains all the pertinent 
information (see Sec. 174.13, Customs Regulations), and is filed in 
accordance with all other requirements of Secs. 174.11 and 174.12, 
Customs Regulations, including identifying the filer, the requirement 
of a handwritten signature serves no other purpose than to sometimes 
delay the filing of an already prepared protest by a protestant. A 
protest must be submitted within the time limit set forth in 
Sec. 174.12(e), Customs Regulations.
    As indicated in the proposal, another reason for no longer 
requiring a handwritten signature on protests is that Customs is 
developing, as part of its Automated Commercial System (ACS), a protest 
module which will enable protests to be filed electronically. Requiring 
a handwritten signature on an electronic transmission would be self-
defeating, if not impossible. Although the module is not presently 
available, reference to the module (electronic certification) was made 
in the proposal. This was done to prevent multiple changes to the same 
section within a short period of time. Before the ACS protest module 
does become available, another Notice of Proposed Rulemaking will be 
published which will provide detailed information and instructions for 
its use and how the electronic certification is intended to operate.

Analysis of Comments

    In response to the Notice of Proposed Rulemaking, Customs received 
no comments which addressed the amendment as proposed. Customs did 
receive comments which anticipated the introduction of the protest 
module in ACS. Because that issue will be the subject of a different 
regulatory initiative before that particular module is activated, those 
comments are premature.

Amendment of the Regulations

    In accordance with the above, Customs is now amending its 
regulations to permit the filing of a protest without requiring actual 
handwritten signatures on the protest. If the protest filer is not the 
importer of record or consignee, it will not be necessary, at this time 
for the protest filer to provide a filer number. Customs will accept 
protests which contain signatures which are facsimile, telefax, typed, 
or stamped, and, when the protest module is available for use, 
electronic certification in ACS.
    Because Customs already accepts similar formats of signatures in 
certain situations, it is not anticipated that any abuses or great 
confusion will arise, nor should it create any increased burden of any 
segment of the public.
    Customs is also amending Sec. 174.14(d) so that the requirements 
which apply to signatures on amendments of protests will conform to 
those for the original protest.

Executive Order 12866 and Regulatory Flexibility Act

    This document is not a ``significant regulatory action'' within the 
meaning of E.O. 12866. Based on the supplementary information set forth 
above and pursuant to the provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601, et seq.), it is certified that the amendment will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, it is not subject to the regulatory analysis or 
other requirements of 5 U.S.C. 603 and 604.

Drafting Information

    The principal author of this document was Peter T. Lynch, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 174

    Administrative practice and procedure, Customs duties and 
inspection.

Amendment

    Part 174, Customs Regulations (19 CFR part 174), is amended as set 
forth below.

PART 174--PROTESTS

    1. The general authority citation for part 174 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1514, 1515, 1624.

    2. Paragraph (c) of Sec. 174.12 is revised to read as follows:


Sec. 174.12  Filing of protests.

* * * * *
    (c) Identity of filer. The identity of the person filing the 
protest or his agent, or attorney shall be noted on the protest. This 
may be accomplished through a signature which is handwritten in ink, 
stamped, typed, facsimile, telefax, or by electronic certification in 
ACS. If the person filing the protest is not the importer of record or 
consignee, the filer shall include his address and importer number, if 
any.
* * * * *
    3. Paragraph (d) of Sec. 174.14 is revised to read as follows:


Sec. 174.14  Amendment of protests.

* * * * *
    (d) Identification of filer. An amendment to a protest may be filed 
only by the person who originally filed such protest or his agent or 
attorney subject to the provisions of Sec. 174.3. The identity of the 
filer shall be noted on the amendment to a protest. Any acceptable 
method used to identify the filer described in Sec. 174.12(c) as being 
acceptable on a protest will be acceptable on an amendment to a 
protest.
* * * * *
    Approved: June 17, 1994.
Michael H. Lane,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-16544 Filed 7-7-94; 8:45 am]
BILLING CODE 4820-02-P