[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
[[Page 12996]]
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