[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31905]


[Federal Register: December 28, 1994]


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POSTAL SERVICE

39 CFR Part 20 and Part 111


Proposed Amendment of International Mail Manual Part 123, Customs 
Forms; and Domestic Mail Manual, Part E010, Overseas Military Mail

AGENCY: Postal Service.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Postal Service proposes amending International Mail Manual 
part 123 and Domestic Mail Manual part E010 to change the conditions 
under which customs declaration forms will be used on international and 
military mail items and the use of these forms by the Postal Service. 
Customs declaration forms will be required, with certain exceptions, 
for the following types of mail: International letters and letter 
packages weighing more than 16 ounces; printed matter weighing more 
than 16 ounces; small packets, matter for the blind, M-bags, parcel 
post packages, and Express Mail International Service items; and all 
domestic mail weighing more than 16 ounces sent to or from overseas 
military post offices (APO and FPO destinations). This change should 
enhance aviation security by establishing procedures that will 
discourage the use of the mails to send, knowingly or unknowingly, 
dangerous goods or explosives. The key aspects of the system are (1) 
the face-to-face interaction between the mailer and a postal employee; 
(2) the completion of a customs declaration form containing the 
mailer's name, address, and signature; (3) the inclusion of a statement 
on the form regarding the safety of the contents and the security 
controls to which that mail is subject; and (4) the retention of one 
copy of the form until such time as delivery would be completed.

DATES: Comments must be received on or before January 27, 1995.

ADDRESSES: Written comments should be mailed or delivered to the 
Manager, Pricing, U.S. Postal Service, 475 L'Enfant Plaza, SW, 
Washington, DC 20260-2406. Copies of all written comments will be 
available for public inspection and photocopying between 9 a.m. and 4 
p.m., Monday through Friday, in room 6670 at the above address.

FOR FURTHER INFORMATION CONTACT: Walter J. Grandjean, (202) 268-5180.

SUPPLEMENTARY INFORMATION: The United States is a member of the 
Universal Postal Union (UPU). By virtue of that membership, the U.S. 
Postal Service adheres to the agreements of the UPU to which it is 
signatory. Specifically, both the Universal Postal Convention 
(Convention) and the Postal Parcels Agreement (Parcels Agreement) 
provide for the use of customs declaration forms on certain 
international mail items to facilitate customs examination, collection 
of duties and taxes, and delivery to the addressee. The Convention and 
the Parcels Agreement provide formats for the forms given to mailers by 
postal administrations. With some exceptions, the Postal Service 
follows the format of these forms and provides them to the public for 
use on international mail, as appropriate.
    In most cases, customs declaration forms are required before items 
possibly subject to customs duties or taxes are accepted by the Postal 
Service for transmission to the destination foreign country. Currently, 
the mailer must declare the contents in detail and show the value of 
the articles in the mail. Some forms require the identities of the 
mailer and recipient and a signed declaration that the mail item does 
not contain harmful matter. As a matter of routine, the Postal Service 
does not keep a copy of the declaration or maintain any information 
about the item, except at the dispatching exchange office where records 
are maintained for accounting purposes. This information is limited to 
the number of the item if registered or insured, the origin and 
destination of the item, and the weight of the item.
    The Postal Service proposes changing these procedures and the 
documentation required for international mail weighing more than 16 
ounces, military mail weighing more than 16 ounces, and mail on which a 
customs declaration form must be attached as follows:
    (1) Mail requiring customs declaration forms may be deposited only 
at post office windows. Such mail found in collection boxes will be 
returned to the sender.
    (2) The revised Postal Service customs declaration forms will 
require the sender's name and address on the forms and will require the 
sender to sign a certification that the mail does not contain dangerous 
articles.
    (3) The Postal Service will retain a copy of the customs 
declaration form until the mail is delivered.
    (4) When the Postal Service determines that there is a credible 
threat that certain mail might contain explosives or other material 
that would endanger life or property, it may institute additional 
security measures such as requiring identification of the mailer before 
accepting mail weighing more than 16 ounces.
    This change should enhance aviation security by establishing 
procedures that discourage the use of the mails to send, knowingly or 
unknowingly, dangerous goods or explosives. It is neither designed nor 
intended to be a foolproof preventive measure. This change would, 
however, serve as an additional deterrent for an individual knowingly 
mailing dangerous items, while providing notice to an individual who is 
unaware of the prohibition against mailing dangerous or prohibited 
goods.
    The Postal Service also proposes to exempt known mailers from these 
requirements when alternative procedures will provide comparable levels 
of security, for example, a signed mailing statement for bulk mail 
certifying that all the mail covered by the mailing statement does not 
contain any dangerous material.
    As a part of this change, the Postal Service is reducing from four 
to two the number of different customs declaration forms provided to 
the mailing public. The UPU is expected to adopt new forms, and the 
Postal Service forms will conform to the UPU standards. Specimens of 
the proposed Postal Service forms are published with this notice.
    Although 39 U.S.C. 407 does not require advance notice and 
opportunity for submission of comments, and the Postal Service is 
exempted by 39 U.S.C. 410(a) from the advance notice requirements of 
the Administrative Procedure Act regarding rulemaking (5 U.S.C. 553), 
the Postal Service invites public comment at the above address.
    The Postal Service proposes to adopt the following amendments to 
the International Mail Manual and the Domestic Mail Manual, which are 
incorporated by reference in the Code of Federal Regulations. See 39 
CFR 20.1 and 39 CFR 111.1.

List of Subjects

39 CFR Part 20

    Foreign relations, Incorporation by reference, International postal 
services.

39 CFR Part 111

    Administrative practice and procedure, Postal Service.

PART 20--[AMENDED]

    1. The authority citation for 39 CFR part 20 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408.

    2. The International Mail Manual is amended by revising part 123, 
Customs Forms, to read as follows:
    123  Customs Forms.
    123.1  General. Two customs declaration forms are used on 
international mail: Form 2976, Customs-Douane C1; and Form 2976-A, 
Customs Declaration and Dispatch Note--C2/CP3/CP2. Form 2976-E, Customs 
Declaration Envelope, is used with Form 2976-A. Only editions printed 
after [DATE TO BE DETERMINED BY POSTAL SERVICE] may be used.
    123.2  Availability. Customs declaration forms are available at 
post offices without charge. On request, mailers may receive a 
reasonable supply for preparation of mail.
    123.3  Privately Printed Forms. Mailers may privately print Form 
2976 if it is an exact facsimile of the form printed by the Postal 
Service. Mailer information may be preprinted on the form. Mailers may 
privately print Form 2976-A only if authorized by the Manager, Business 
Mail Acceptance, USPS Headquarters, 475 L'Enfant Plaza, SW, Washington, 
DC 20260-6808. Mailers must submit a preproduction sample similar to 
the Form 2976-A printed by the Postal Service. If the mailer prefers 
using a manifest instead of printing the post office copy of Form 2976-
A, this use must be indicated with the request for privately printing 
the form.
    123.4  Nonpostal Forms. Certain items must bear one or more of the 
forms required by the nonpostal export regulations described in Chapter 
5.
    123.5  Place of Mailing. Items requiring customs declaration forms 
may be mailed only by presenting the items and completed forms at a 
post office; such items may not be deposited into street collection 
boxes. Express Mail items paid by corporate account may be deposited 
into collection boxes. The acceptance clerk removes the post office 
copy and forwards it to the appropriate location for storage. Items 
found in collection boxes or not presented to an acceptance clerk are 
returned to the sender for proper mailing and acceptance.
    123.6  Required Usage
    123.61  Conditions. Customs declaration forms, either Form 2976 or 
Form 2976-A, must be used as shown in Exhibit 123.61.

                                                                                                                
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           Item               Declared value         Required form           Placement           Observation    
----------------------------------------------------------------------------------------------------------------
Nondutiable letters and    ....................  None................  ....................  ...................
 letter packages 16                                                                                             
 ounces and under.                                                                                              
Dutiable letters and       Under $400..........  2976 or 2976-A* 2976- Outside, Inside.....  Known mailers may  
 letter packages and all   $400 and over.......   A*.                  Inside..............   be exempt from    
 letters and letter                                                                           using forms on    
 packages over 16 ounces.                                                                     nondutiable items 
                                                                                              over 16 ounces    
                                                                                              (see 123.62).     
Nondutiable printed        ....................  None................  ....................  ...................
 matter 16 ounces and                                                                                           
 under.                                                                                                         
Dutiable printed matter    Under $400..........  2976 or 2976-A*.....  Outside, Inside.....  Known mailers may  
 and all printed matter    $400 and over.......  2976-A*.............  Inside..............   be exempt from    
 over 16 ounces.                                                                              using forms on    
                                                                                              nondutiable items 
                                                                                              over 16 ounces    
                                                                                              (see 123.62).     
Matter for the blind.....  Under $400..........  2976 or 2976-A*.....  Outside, Inside.....  ...................
                           $400 and over.......  2976-A*.............  Inside..............                     
Small packets............  Under $400..........  2976 or 2976-A*.....  Outside, Inside.....  ...................
                           $400 and over.......  2976-A*.............  Inside..............                     
Parcel post..............  ....................  2976-A..............  Outside.............  Form 2976 may not  
                                                                                              be used on parcel 
                                                                                              post.             
Express Mail.............  ....................  2976 or 2976-A, as    Outside, Outside....  See Individual     
                                                  required.                                   Country Listings. 
M-bag....................  Under $400..........  2976 or 2976-A*.....  Outside, Inside.....  ...................
                           $400 and over.......  2976-A*.............  Inside..............                     
----------------------------------------------------------------------------------------------------------------
*When Form 2976-A is enclosed in the item, the top part of Form 2976 must be affixed to the outside of the item.

Customs Declaration Forms Usage

Exhibit 123.61
    123.62  Known Mailers. Known mailers having advance deposit 
accounts or customer identification numbers for international mailing 
programs (such as International Surface Air Lift, International 
Priority Airmail, or VALUEPOST/Canada) may be exempt from providing 
customs declaration forms as required in 123.61 on nondutiable letters, 
letter packages, and printed matter weighing more than 16 ounces. Such 
mailers must complete the declaration on the mailing statement, 
certifying that all mailpieces in the mailing do not contain hazardous 
material.
    123.63  Additional Security Controls. When the chief postal 
inspector determines that there is a unique, credible threat, a mailer 
can be required to provide photo identification at the time of mailing. 
The signature on the identification must match the signature on the 
customs declaration form.
    123.7  Completing Customs Forms.
    123.71  Form 2976 (Green Label).
    123.711  Preparation by Sender. The sender must complete Form 2976, 
Customs-Douane C1, and affix this form to the address side of each 
letter or letter package containing dutiable merchandise; each package 
of dutiable printed matter; each small packet; each item mailed as 
matter for the blind; each M-bag; and all items, whether dutiable or 
not, that weigh more than 16 ounces. Form 2976 may be used on Express 
Mail items as specified in the Individual Country Listings. (Form 2976 
may not be used on parcel post packages; Form 2976-A is used on such 
packages. Form 2976-A is also required on items valued at $400 or more 
(see 123.72)). A sender completes Form 2976 by:
    a. Providing a complete and accurate description in English of the 
contents of the item, even if it contains a gift, merchandise, or 
sample. General descriptions such as ``food,'' ``medicine,'' ``gift,'' 
or ``clothing'' are not permitted. An interline translation in another 
language is permitted. The exact quantity of each article in the item 
must be stated.
    b. Declaring the value of the item in U.S. dollars. The sender may 
declare that the contents have no value; however, indicating no value 
does not exempt the item from customs examination or charges in the 
destination country.
    c. Indicating in the appropriate box on the form whether the item 
is a gift, merchandise, or sample. If it is not, the sender does not 
check a box.
    d. Entering his or her full name and address in the block 
indicated.
    e. Signing his or her name in the blocks indicated on each part of 
the form. The sender's signature certifies that all entries are correct 
and that the mail does not contain any dangerous articles prohibited by 
postal regulations.
    f. Affixing the form to the address side of the mailpiece and 
presenting it for mailing.
    123.712  Preparation by Accepting Clerk. The clerk accepting the 
item for mailing must:
    a. Instruct the sender how to complete the customs declaration 
form, as required, legibly and accurately. Failure to complete the form 
properly can delay the mail or inconvenience the addressee. Moreover, a 
false, misleading, or incomplete declaration can result in the seizure 
or return of the item or can result in criminal or civil penalties. The 
U.S. Postal Service assumes no responsibility for the accuracy of 
information that the sender enters on the form.
    b. When the item is presented, verify that the required information 
is entered and that the sender has signed both parts (the part affixed 
to the item and the part separated for postal records).
    c. Enter the weight of the item on the form, if not already done.
    d. Remove the post office copy and retain it for 30 days.
    123.72  Form 2976-A.
    123.721  Preparation by Sender. The sender must complete Form 2976-
A, Customs-Declaration and Dispatch Note--C2/CP3/CP2; place it into 
Form 2976-E, Customs Declaration Envelope; and affix this envelope to 
the address side of each parcel post package. Form 2976-A may be used 
on Express Mail items as specified in the Individual Country Listings. 
(Other items (LC/AO) valued at $400 or more also use Form 2976-A, 
placed inside the item as required by 123.61. If the sender does not 
want to show the contents of these LC/AO items on the wrapper, only the 
top part of the form is affixed to the wrapper and Form 2976-A is 
completed and enclosed in the package.) A sender completes Form 2976-A 
by:
    a. Providing the names and addresses of the sender and addressee.
    b. Providing a complete and accurate description in English of the 
contents of the parcel or item, even if it contains a gift, 
merchandise, or sample. General descriptions such as ``food,'' 
``medicine,'' ``gift,'' or ``clothing'' are not permitted. An interline 
translation in another language is permitted. The exact quantity of 
each article in the parcel or item must be stated.
    c. Declaring the value of the item in U.S. dollars. The sender may 
declare that the contents have no value; however, indicating no value 
does not exempt the parcel or item from customs examination or charges 
in the destination country. If there is not sufficient space on the 
customs declaration form to give a complete list of the contents, a 
second form should be used to continue listing the contents. The first 
form must then be annotated to indicate that there are two forms. Both 
forms are placed into the envelope.
    d. Indicating in the appropriate box on the form whether the parcel 
or item is a gift, merchandise, or sample. If it is not, the sender 
does not check a box.
    e. Providing disposal instructions in the event that the parcel 
cannot be delivered. The sender checks the appropriate box on the form 
to indicate whether the parcel is to be returned, forwarded to an 
alternate address, or treated as abandoned. (Undeliverable parcels 
returned to the sender are subject to collection on delivery of return 
postage and any other charges assessed by the foreign postal 
authorities. The sender must mark the parcel ``Abandon'' if he or she 
is not willing to pay return postage.)
    f. Signing his or her name in the block indicated. The sender's 
signature certifies that all entries are correct and that the parcel or 
item does not contain any dangerous articles prohibited by postal 
regulations.
    g. Presenting the parcel or item for mailing at a post office. The 
sender must not place the customs declaration form into the envelope 
before the accepting clerk completes the required information.
    123.722  Preparation by Accepting Clerk. The clerk accepting the 
parcel or item for mailing must:
    a. Instruct the sender how to complete the customs declaration 
form, as required, legibly and accurately. Failure to complete the form 
properly can delay the mail or inconvenience the addressee. Moreover, a 
false, misleading, or incomplete declaration can result in the seizure 
or return of the parcel or item or can result in criminal or civil 
penalties. The U.S. Postal Service assumes no responsibility for the 
accuracy of information that the sender enters on the form.
    b. When the item is presented, verify that the required information 
is entered and that the sender has signed the declaration.
    c. Complete an insurance receipt and affix the insured number to 
the package, if the contents of a parcel post package are to be 
insured. Enter the insured number, insured amount in U.S. dollars and 
SDRs, postage, and gross weight (pounds and ounces) on Form 2976-A.
    d. Remove the post office copy and retain it for 30 days.
    e. Insert the customs declaration form (Form 2976-E) into the 
envelope and seal and affix the envelope to the parcel or item.
* * * * *
    242.3  Mailing Locations.
    242.31  General. Items requiring customs declaration forms may be 
mailed only by presenting the items and completed forms at a post 
office; such items may not be deposited into street collection boxes. 
Express Mail items paid by corporate account may be deposited into 
collection boxes. Items not requiring customs declaration forms and 
fully prepaid with postage stamps or meter postage may be deposited 
into post office drops or collection boxes. (See 123.61 for a summary 
of items requiring customs declaration forms.)
* * * * *

PART 111--[AMENDED]

    3. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

    4. The Domestic Mail Manual is amended by adding section 2.6 to 
part E010, Overseas Military Mail, to read as follows:
    E010.2.6  Customs Declarations.
    All mail items weighing more than 16 ounces that are addressed to 
overseas military post offices must bear Form 2976, Customs-Douane C1, 
and must be presented for mailing at a post office. Certain destination 
military post offices require Form 2976-A, Customs Declaration and 
Dispatch Note--C2/CP3/CP2. Refer to the chart ``Conditions Applied to 
Mail Addressed to Military Post Offices Overseas,'' published 
periodically in the Postal Bulletin. Known mailers presenting bulk 
mailings declared on a mailing statement are not required to use 
customs declaration forms unless required by the chart. See IMM 123 for 
information on completing these forms.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.

BILLING CODE 7710-02-P

TP28DE94.011


TP28DE94.012


[FR Doc. 94-31905 Filed 12-27-94; 8:45 am]
BILLING CODE 7710-02-C