[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 Customs has determined that the proposals should be withdrawn 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