[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Rules and Regulations]
[Pages 12995-12996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6880]



[[Page 12995]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 142

[T.D. 98-25]
RIN 1515-AB27


Publication of Filer Codes

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to provide for 
the availability by electronic means of the code assigned by Customs to 
identify frequent entry filers. This action is expected to assist port 
authorities, sureties, carriers, customs brokers, bonded warehouse 
operators, and others involved with import transactions in identifying 
those who enter merchandise into the United States so that they can 
expedite their services regarding the importations. It is anticipated 
that the adoption of this amendment will eliminate paperwork burdens on 
those involved with import transactions by identifying who is 
responsible for the specific importation.

EFFECTIVE DATE: April 16, 1998.

FOR FURTHER INFORMATION CONTACT: For Operational matters: Angela 
Downey, Office of Trade Compliance, Office of Field Operations, (202) 
927-1082; For Legal matters: Jerry Laderberg, Entry Procedures & 
Carriers Branch, Office of Regulations and Rulings, (202) 927-2269.

SUPPLEMENTARY INFORMATION:

Background

    On January 13, 1993, in a document published in the Federal 
Register (58 FR 4113), Customs announced in an Advanced Notice of 
Proposed Rulemaking (ANPRM) that it was considering the amendment of 
the Customs Regulations to provide for the publication of a list of 
filer codes and the identity of the individuals, companies, licensed 
customs brokers, or importers assigned the specific filer codes. After 
analyzing comments received on the ANPRM, on April 22, 1997, Customs 
published a notice of proposed rulemaking in the Federal Register (62 
FR 19534) that proposed to amend the Customs Regulations to provide for 
the availability by electronic means of the code assigned by Customs to 
identify frequent entry filers. This action was proposed to assist port 
authorities, sureties, carriers, customs brokers, bonded warehouse 
operators, and others involved with import transactions in identifying 
those who enter merchandise into the United States so that they can 
expedite their services regarding the importations. It was expected 
that the proposal would eliminate paperwork burdens on those involved 
with import transactions by identifying the party responsible for the 
importation of specific merchandise. As the proposal set forth Customs' 
intention no longer to consider filer codes confidential, it was 
expected that the proposal, if adopted, would also relieve Customs of 
the administrative burden of entertaining requests of importers for 
confidential treatment of their filer codes. The notice proposed to 
amend Sec. 142.3a of the Customs Regulations (19 CFR 142.3a) by adding 
a new paragraph that would allow Customs to make available 
electronically a listing of the filer codes and identifying information 
regarding the importers, consignees, and customs brokers assigned those 
codes, and solicited comments concerning this action.
    The comment period closed on June 23, 1997. Five comments were 
received, one from an importer and four from entities involved in the 
importation, movement, or insurance of imported merchandise. The 
comments received and Customs' responses are discussed below.

Analysis of Comments

    Comment--The customs brokers who commented and the brokers 
association that commented indicated their approval of the proposal 
stating that identifying filers with their filer codes would facilitate 
and expedite the release of goods. It was also suggested that this 
filer code information be made available on the Customs Internet site.
    Customs response--Customs agrees that the publication of the filer 
code information will facilitate the flow of importations and expedite 
the release of goods. Customs also agrees that it would be useful for 
the filer code information to be made available electronically. 
Accordingly, Customs will make the filer code information available 
periodically on the Customs Electronic Bulletin Board ((703) 440-6155) 
and its Internet web site (www.customs.ustreas.gov).
    Comment--Two carrier/transportation companies supported the 
proposal stating that the publication of filer code information will 
improve notification procedures regarding the arrival of in-bond 
shipments. Further, it was stated that publication of filer code 
information would be useful in coordinating the release of all 
shipments, would facilitate the notification of parties in interest to 
resolve discrepancies or other problems or questions, and should 
enhance the efficiency and speed of import transactions.
    Customs response--Customs agrees with these expectations, which are 
consistent with the purpose for the publication of the filer code 
information.
    Comment--The sureties and surety associations stated that they are 
in favor of the proposal as the publication of the filer code 
information will be beneficial to the trade community.
    Customs response--Again, Customs agrees with this expectation.
    Comment--An importer opposed the proposal stating that publication 
of the filer code information will make proprietary business 
information known to competitors. The commenter further states that 
Customs should provide that importers can request confidentiality of 
this information.
    Customs response--As stated in the Notice of Proposed Rulemaking, 
after a comprehensive review of the operational situation in the 
commercial environment, Customs has concluded that filer code 
information is not proprietary and, therefore, not confidential. 
Information that is proprietary, such as entry-specific information, 
will continue to enjoy confidential treatment. Because Customs no 
longer considers the identity of filer code holders proprietary 
information, Customs believes there is no reason to allow importers to 
request confidentiality of this information or for Customs to assume 
the administrative burden of processing such requests.

Conclusion

    Having analyzed and discussed the five comments received and upon 
further consideration of the proposed action, Customs has decided to 
make the filer code information available electronically on its 
Internet web site (www.customs.ustreas.gov) and on the Customs 
Electronic Bulletin Board ((703) 440-6155). Accordingly, that portion 
of T.D. 88-38 that provides for the confidential treatment of filer 
code information upon the request of an importer is revoked and 
Sec. 142.3a of the Customs Regulations is amended to provide for the 
availability by electronic means of entry filer code information, which 
will be updated periodically.

Inapplicability of the Regulatory Flexibility Act, and Executive 
Order 12866

    Because this final rule document will confer a benefit on the 
public by improving access to frequently needed information by the 
trade industry

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without any action being required on its part, pursuant to provisions 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) it is 
certified that the amendment to the Customs Regulations 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. Further, this document does not 
meet the criteria for a ``significant regulatory action'' as specified 
in E.O. 12866.
    Drafting Information: The principal author of this document was 
Gregory R. Vilders, Attorney, Regulations Branch. However, personnel 
from other offices participated in its development.

List of Subjects in 19 CFR Part 142

    Administrative practice and procedure, Confidential business 
information, Customs duties and inspection, Imports, Reporting and 
recordkeeping requirements.

Amendment to the Regulations

    For the reasons set forth above, part 142 of the Customs 
Regulations (19 CFR part 142), is amended as set forth below:

PART 142--ENTRY PROCESS

    1. The authority citation for part 142 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.

    2. In Sec. 142.3a, paragraphs (c) and (d) are redesignated as 
paragraphs (d) and (e), respectively; in the first sentence of newly 
designated paragraph (e) the reference ``paragraph (c)'' is revised to 
read ``paragraph (d)''; and a new paragraph (c) is added to read as 
follows:


Sec. 142.3a  Entry numbers.

* * * * *
    (c) Publication of Entry Filer Codes. Customs shall make available 
electronically a listing of filer codes and the importers, consignees, 
and customs brokers assigned those filer codes. The listing will be 
updated periodically.
* * * * *


Samuel H. Banks,

Acting Commissioner of Customs.

    Approved: February 17, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-6880 Filed 3-16-98; 8:45 am]
BILLING CODE 4820-02-P