[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Proposed Rules]
[Pages 16664-16668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8218]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 141 and 142

RIN 1515-AC94


Single Entry for Unassembled or Disassembled Entities Imported on 
Multiple Conveyances

AGENCY: Customs Service, Department of the Treasury.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Customs Regulations to 
allow an importer of record, under certain conditions, to submit a 
single entry to cover multiple portions of a single entity which, due 
to its size or nature, arrives in the United States on separate 
conveyances. The proposed amendments would implement statutory changes 
made to the merchandise entry laws by the Tariff Suspension and Trade 
Act of 2000.

DATE: Comments must be received on or before June 7, 2002.

ADDRESSES: Written comments may be addressed to and inspected at the 
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, 
NW., 3rd Floor, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT:
    For operational matters: Tom Heffernan, Office of Field Operations, 
(202) 927-0360.
    For classification matters: Patricia Fitzpatrick, Office of Field 
Operations, (202) 927-1106.
    For legal matters: Larry L. Burton, Office of Regulations and 
Rulings, (202) 927-1287.

SUPPLEMENTARY INFORMATION:

Background

    Section 1460 of Public Law 106-476, popularly known as the Tariff 
Suspension and Trade Act of 2000, amended section 484 of the Tariff Act 
of 1930 (19 U.S.C. 1484) by adding a new subsection (j) in order to 
provide for the treatment of certain multiple shipments of merchandise 
as a single entry.
    The amended law, 19 U.S.C. 1484(j), is concerned with two issues. 
First, section 1484(j)(1) addresses a problem long encountered by the 
importing community in entering merchandise whose size or nature 
necessitates shipment in an unassembled or disassembled condition on 
more than one conveyance. Second, section 1484(j)(2) offers relief to 
importers whose shipments, which they intended to be carried on a 
single conveyance, are divided at the initiative of the carrier. As to 
both these matters, the legislation is silent as to the affected modes 
of transportation, thus indicating that the new law is to apply to 
merchandise shipped by air, land or sea.
    Customs determined to proceed first with proposed regulations 
relating only to shipments which are divided by carriers (19 U.S.C. 
1484(j)(2)); these are referred to as ``split shipments.'' Separate 
proposals were undertaken because Customs had already begun a project 
to amend the regulations to provide for one entry for such split 
shipments prior to the present statutory amendments.
    The proposed rule regarding split shipments (RIN 1515-AC91) was 
published in the Federal Register (66 FR 57688) for public comment on 
November 16, 2001.
    Customs now proposes regulations concerning a single entry for 
shipments of unassembled or disassembled merchandise that arrive on 
more than one conveyance (19 U.S.C. 1484(j)(1)). It is noted that where 
the proposed regulatory text in this document affects the same sections 
in the Customs Regulations that the document regarding split shipments 
affected, this document includes the proposed regulatory text changes 
in those sections that were previously published for split shipments, 
as appropriately modified consistent with the present proposal. 
Accordingly, this document should be read in conjunction with that 
proposal. It is particularly noted that the other proposal contains in 
proposed Sec. 141.57 the major requirements for split shipments. 
Comments with respect to the proposed amendments for split shipments 
should be submitted in connection with the Federal Register notice for 
split shipments, cited above. Only comments concerning the proposed 
amendments for single entities that are shipped unassembled or 
disassembled on multiple conveyances should be submitted in connection 
with this document.
    An application to file a single entry covering an unassembled or 
disassembled entity as described in this proposed rulemaking must be 
made by the importer of record, either by appropriately annotating a CF 
3461, a CF 3461 ALT, or electronic equivalent, or by submitting a 
letter to Customs. The required application must be made no later than 
5 working days in advance of the arrival of the first conveyance. 
Justification for the need for more than one conveyance must be 
provided in the application, which must include an affirmative 
statement that the entity cannot, due to its size or nature, be 
accommodated on one conveyance. A copy of the relevant invoice or 
purchase order, or its electronic equivalent, must accompany the 
application, along with the proposed appropriate single tariff number 
under the Harmonized Tariff Schedule of the United States (HTSUS). The 
port director will notify the applicant of the approval or denial of 
the application within 3 working days of the receipt of the 
application.

Unassembled or Disassembled Entity Defined

    For the purposes of this proposal, an unassembled or disassembled 
entity consists of merchandise which is not capable of being 
transported on a single conveyance, but which is purchased and invoiced 
as a single classifiable entity. By necessity, due to its size or 
nature, the entity is placed on multiple conveyances which arrive in 
the United States at the same port at different times. The subject 
arriving portions are consigned to the same person in the United 
States.
    The Customs Regulations ordinarily require, with certain exceptions 
not here relevant, that all merchandise arriving on one conveyance and 
consigned to one consignee be included on one entry (see Sec. 141.51, 
Customs Regulations (19 CFR 141.51)). There is no provision currently 
in the Customs Regulations authorizing the filing of a single entry to 
cover multiple portions of a single

[[Page 16665]]

entity arriving in the United States at different times on separate 
conveyances.
    Specifically, the proposed regulations would permit the filing of a 
single entry to cover the importation by separate conveyances of 
portions of a large unassembled or disassembled entity provided that: 
(1) The subject shipment is not capable of being transported on a 
single conveyance, but is purchased, invoiced and classified under a 
single provision of the Harmonized Tariff Schedule of the United States 
(HTSUS) as a single entity; (2) the arriving portions of the shipment 
are consigned to the same person in the United States; and (3) the 
portions covered under the entry arrive directly from abroad at the 
same port of importation in the United States within 10 calendar days 
of the date of the portion that arrives first.

Entry or Release of Merchandise

    Where a single entry is accepted for multiple portions of an entity 
which has arrived at different times, the legislation leaves open the 
question of whether the various portions may be released as they 
arrive, or whether their release must be delayed until the entire 
entity has been imported. Customs has determined to provide either 
option to importers of unassembled or disassembled entities whose 
portions arrive at different times. Under either option, the proposed 
regulations require the importer to file Customs Form (CF) 3461 or CF 
3461 alternate (CF 3461 ALT), or electronic equivalent, which will 
cover the entity named on the invoice. In addition, the manifest 
accompanying each conveyance will be supplemented by a packing list 
specifying the contents of the particular load.
    In the event that each portion of the unassembled or disassembled 
entity is to be released upon its arrival, and prior to the arrival of 
the entire shipment, the procedure for releasing merchandise under a 
special permit for immediate delivery will be used for this purpose, as 
more fully outlined below. As each portion arrives, the importer must 
submit a copy of the originally executed CF 3461/3461 ALT, annotated to 
reflect which portion of the entire invoiced entity is arriving at that 
time (e.g., third of six portions).

Special Permit for Immediate Delivery

    Customs law typically contemplates that merchandise will be 
imported before it is entered. This raises a potential obstacle to 
allowing an entry covering an entity to be filed and accepted when only 
a portion of the unassembled or disassembled entity has thus far 
arrived. It also presents the difficult question of whether a rate of 
duty, set at the time of the release of the first portion, may apply to 
goods not yet imported into the United States. The proposed resolution 
of these latter two issues lies in requiring the unassembled or 
disassembled entity to be released under a special permit for immediate 
delivery. Section 142.21(a)-(g), Customs Regulations (19 CFR 142.21(a)-
(g)), describes the circumstances and lists the types of merchandise 
that are currently eligible to be released under a special permit for 
immediate delivery. The proposed regulations would differ by not 
allowing the inclusion of quota class merchandise. In addition, 
Sec. 142.22(a), Customs Regulations (19 CFR 142.22(a)), permits the 
submission of a pro forma rather than a commercial invoice. The 
proposed regulations would require the submission of a commercial 
invoice only.
    Due to the fact that merchandise released under the special permit 
procedures set forth in Sec. 142.21 is not considered to be entered 
until the entry/entry summary is filed, all of the portions comprising 
the entire unassembled or disassembled entity will be imported by the 
time the entry/entry summary is filed. The rate of duty applied to the 
merchandise will be the rate in effect for all goods released under the 
immediate delivery procedures, that is, the rate in effect when the 
entry/entry summary is filed.
    It is proposed to create another category of immediate delivery 
releases by amending Sec. 142.21 to add a new paragraph (h), in order 
to provide for the filing of a special permit for immediate delivery 
when the importer ships an entity on different conveyances due to its 
size or nature and elects to have each portion separately released as 
it arrives.

Filing of Entry Summary

    Regarding the filing of the entry summary, the importer has two 
options if he waits until all portions of the entity have arrived. He 
can make entry of the entity when all portions arrive. If he does this, 
he must file the entry summary within 10 working days of the time of 
entry (see Sec. 142.12(b), Customs Regulations (19 CFR 142.12(b))). In 
the alternative, he may have the entity released under a special permit 
for immediate delivery after all portions arrive, provided the entity 
is eligible for the special permit. If he chooses this option, the 
entry summary, which would serve as both the entry and entry summary, 
must be filed within 10 working days after the first portion of the 
entity has been authorized for release under the special permit (see 
Sec. 142.23, Customs Regulations (19 CFR 142.23)).
    Under proposed Sec. 142.21(h), in the case of the arriving portions 
of a large entity released incrementally under the immediate delivery 
procedures, the entry summary, which would serve as both the entry and 
the entry summary, must be filed within 10 working days from the date 
of the first released portion. However, the entry/entry summary for the 
entity cannot be filed before the last portion of the entity which is 
to be included on the entry has arrived.
    At the time of filing of the entry summary, estimated duties, taxes 
and fees would be required to be attached. If the entry summary is 
filed electronically, the estimated duties, taxes and fees would be 
required to be scheduled at that time for payment pursuant to the 
Automated Clearinghouse requirements (see Sec. 24.25 of this chapter).

Tariff Classification

    While 19 U.S.C. 1484(j) addresses the entry of merchandise, the 
legislation is silent as to classification under the HTSUS. It is 
therefore proposed that for Customs classification purposes the 
separate portions of the subject entity placed on one entry be 
classified as if they had been imported together. Since the legislation 
restricts the inclusion on one entry to merchandise purchased and 
invoiced as a single entity, any spare parts accompanying a portion of 
the entity must be entered separately.

Failure To Arrive Within the 10 Day Period

    The importer of record would be responsible for verifying whether 
all portions of the entity have arrived within the specified 10 
calendar day period. In instances in which all portions have not 
arrived, the importer of record would be required to file separate 
entries, or applications for special permit for immediate delivery, as 
well as separate entry summaries, for the portions of the unassembled 
or disassembled entity that arrive on different conveyances. Each entry 
and/or entry summary would reflect the quantities, values, 
classifications and rates of duty, as appropriate, of the various 
components conveyed in each shipment, and not the value, classification 
and rate of duty of the ordered single entity. An importer of portions 
released incrementally would be required to recall the filed CF 3461/
3461ALT application for special permit for immediate delivery and to 
substitute separate entries, or applications for special permit for 
immediate delivery, in its place.

[[Page 16666]]

Exclusions From Procedure Under 19 U.S.C. 1484(j)(1)

    Quota and/or visa class merchandise will not be eligible for 
treatment under the provisions of 19 U.S.C. 1484(j)(1) and this 
regulation.
    Customs also proposes to reserve the right for the port director to 
deny use of the incremental release procedure under proposed 
Sec. 142.21(h) as circumstances warrant, such as in the case where a 
particular shipment has been selected for examination.
    In order to implement 19 U.S.C. 1484(j) insofar as it enables 
Customs to accept a single entry for separately arriving portions of a 
single large entity, as described, it is proposed to add a new 
Sec. 141.58 to the Customs Regulations (19 CFR 141.58). Also, in 
addition to proposed Sec. 142.21(h), as noted, minor conforming changes 
would be made to Secs. 141.51 and 142.12(b) of the Customs Regulations 
(19 CFR 141.51, 142.12(b)).

Comments

    Before adopting the proposed amendments that provide for a single 
entry for portions of an entity that arrive at different times, 
consideration will be given to any written comments that are timely 
submitted to Customs in this regard. Comments concerning the language 
in this package concerning split shipments should be submitted in 
connection with the previously published notice dealing with such 
shipments (see 66 FR 57688). Customs particularly requests comments on 
the clarity of this proposed rule and how it may be made easier to 
understand. Comments submitted will be available for public inspection 
in accordance with the Freedom of Information Act (5 U.S.C. 552), 
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
business days between the hours of 9:00 a.m. and 4:30 p.m. at the 
Regulations Branch, 1300 Pennsylvania Avenue, NW., 3rd Floor, 
Washington, DC.

Regulatory Flexibility Act and Executive Order 12866

    The proposed rule is intended to implement the amendment to 19 
U.S.C. 1484 by the Tariff Suspension and Trade Act of 2000. The 
proposed rule, if adopted, will engender cost savings by reducing 
paperwork for importers, and by reducing the number of entries required 
for separate shipments of unassembled or disassembled entities. Hence, 
pursuant to the provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), it is certified that the proposed rule, if adopted, 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. Nor does the proposed rule 
result in a ``significant regulatory action'' under E.O. 12866.

Paperwork Reduction Act

    The collections of information encompassed within this proposed 
rule have already been reviewed and approved by the Office of 
Management and Budget (OMB) in accordance with the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3507) and assigned OMB Control Numbers 1515-0065 
(Requirement to make entry unless specifically exempt; Requirement to 
file entry summary form); 1515-0167 (Statement processing and Automated 
Clearinghouse); 1515-0214 (General recordkeeping and record production 
requirements); and 1515-0001 (Transportation manifest; cargo 
declaration). This rule does not propose any substantive changes to the 
existing approved information collections. An agency may not conduct, 
and a person is not required to respond to, a collection of information 
unless the collection of information displays a valid control number 
assigned by OMB.

List of Subjects

19 CFR Part 141

    Customs duties and inspection, Entry of merchandise, Release of 
merchandise, Reporting and recordkeeping requirements.

19 CFR Part 142

    Computer technology, Customs duties and inspection, Entry of 
merchandise, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    It is proposed to amend parts 141 and 142, Customs Regulations (19 
CFR parts 141 and 142), as set forth below.

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for part 141 would continue to 
read as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
    2. It is proposed to revise Sec. 141.51 to read as follows:


Sec. 141.51  Quantity usually required to be in one entry.

    All merchandise arriving on one conveyance and consigned to one 
consignee must be included on one entry, except as provided in 
Sec. 141.52. In addition, a shipment of merchandise that arrives by 
separate conveyances at the same port of importation in multiple 
portions, either as a shipment split by the carrier or as components of 
a large unassembled or disassembled entity, may be processed under a 
single entry, as prescribed, respectively, in Secs. 141.57 and 141.58 
of this part.
    3. It is proposed to amend subpart D of part 141 by adding a new 
Sec. 141.58, to read as follows:


Sec. 141.58  Single entry for separately arriving portions of large 
unassembled or disassembled entities.

    (a) At election of importer of record. At the election of the 
importer of record, a large unassembled or disassembled entity arriving 
on multiple conveyances as contemplated under section 484(j)(1), Tariff 
Act of 1930 (19 U.S.C. 1484(j)(1)), may be processed as a single entry, 
as prescribed under the procedures set forth in this section.
    (b) Unassembled or disassembled entities covered. An unassembled or 
disassembled entity for purposes of this section is a large entity 
which:
    (1) Cannot, due to its size or nature, be accommodated on a single 
conveyance, and is thus imported in an unassembled or disassembled 
condition;
    (2) Is ordered, invoiced and is classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS), as a single entity and is 
consigned to one person in the United States;
    (3) Is imported on more than one conveyance; and
    (4) Involves the first portion and all succeeding portions arriving 
directly at the same United States port of importation within 10 
calendar days of the date of the first portion.
    (c) Application by importer. An application to file a single entry 
covering an entity described in paragraph (b) of this section must be 
made by the importer of record, either by appropriately annotating a CF 
3461, CF 3461 ALT, or electronic equivalent, or by submitting a letter 
to Customs. The required application must be made no later than 5 
working days in advance of the arrival of the first conveyance. 
Justification for the need for more than one conveyance must be 
provided in the application, which must include an affirmative 
statement that the entity cannot, due to its size or nature, be 
accommodated on one conveyance. A copy of the relevant invoice or 
purchase order, or electronic equivalent, must accompany the 
application, along with the proposed appropriate single tariff number 
under the HTSUS. The port director will notify the applicant of the

[[Page 16667]]

approval or denial of the application within 3 working days of the 
receipt of the application.
    (d) Entry or special permit for immediate delivery. In order to 
make a single entry for portions of an entity covered under this 
section that arrive at different times, an importer of record must 
follow the procedure prescribed in paragraph (d)(1) or (d)(2) of this 
section, as applicable.
    (1) Entry or special permit after arrival of all portions. An 
importer may file an entry at such time as all portions of the entity 
have arrived. In the alternative, the importer may file a special 
permit for immediate delivery after arrival of all portions of the 
entity provided that it is eligible for such a permit under 
Sec. 142.21(a)--(d), (f) and (i) of this chapter (see Sec. 142.21(e) of 
this chapter).
    (2) Special permit for immediate delivery after arrival of first 
portion. As provided in Sec. 142.21(h) of this chapter, an importer of 
record may file an application for a special permit for immediate 
delivery after the arrival of the first portion of the entity covered 
by paragraph (b) of this section, and its remaining portions may be 
released incrementally pursuant to the requirements set forth in 
paragraph (e) of this section.
    (e) Release. To secure release of an entity after arrival of all 
portions under paragraph (d)(1) of this section, a Customs Form (CF) 
3461 or CF 3461 alternate (CF 3461 ALT), as appropriate, or electronic 
equivalent, must be filed with Customs. To secure the separate release 
upon arrival of each portion of a shipment under paragraph (d)(2) of 
this section, a CF 3461 or CF 3461 ALT, as appropriate, or electronic 
equivalent, must be filed with Customs after arrival of the first 
portion. As each successive portion arrives, the importer must submit a 
copy of the originally submitted CF 3461/CF 3461 ALT, annotated to 
specifically identify that particular portion. The CF 3461/CF 3461 ALT 
must indicate the order of the arriving portion in relation to the 
entire shipment as reflected on the invoice (for example, third of six 
portions). The release of each portion upon arrival as permitted under 
this paragraph may be restricted due to Customs need to examine the 
merchandise in accordance with paragraph (f) of this section. In 
addition, the importer of record must present to Customs either on 
paper or through an authorized electronic equivalent, specific and 
detailed information supplementing the CF 3461 or 3461 ALT, relating to 
the merchandise on each conveyance which reflects exact information for 
that portion of the ordered entity (for example, detailed packing 
lists).
    (f) Examination. Examination of any or all portions of the entity 
may be required. Customs reserves the right to deny incremental release 
(defined in Sec. 142.21(g) of this chapter) should such an examination 
of the merchandise be necessary. The denial of incremental release does 
not preclude the use of the procedures specified in paragraph (d)(1) of 
this section.
    (g) Entry summary. (1) For merchandise entered under paragraph 
(d)(1) of this section, an entry summary must be filed within 10 
working days from the time of entry (see Sec. 142.12(b) of this 
chapter). For merchandise released under a special permit for immediate 
delivery, the entry summary, which serves as both the entry and entry 
summary, must be filed within 10 working days after the first portion 
of the entity is authorized for release under the special permit (see 
Sec. 142.23 of this chapter).
    (2) For merchandise released under a special permit for immediate 
delivery pursuant to paragraph (d)(2) of this section, the entry 
summary, which serves as both the entry and the entry summary, must be 
filed within 10 working days from the date of the first release of a 
portion of the unassembled or disassembled entity. However, the entry/
entry summary for the entity cannot be filed before the last portion of 
the entity which is to be included on the entry has arrived.
    (3) Duty payment. At the time the entry summary is filed under 
paragraphs (g)(1) and (g)(2) of this section, estimated duties, taxes 
and fees must be attached. If the entry summary is filed 
electronically, the estimated duties, taxes and fees must be scheduled 
for payment at such time pursuant to the Automated Clearinghouse 
procedures (see Sec. 24.25 of this chapter).
    (h) Classification. Except as provided in paragraph (j) of this 
section, for purposes of section 484(j)(1), Tariff Act of 1930 (19 
U.S.C. 1484(j)(1)), the merchandise comprising the separate portions of 
an entity covered by paragraph (b) of this section included on one 
entry will be classified as though imported together. Any spare parts 
accompanying a portion of an entity must be classified and entered 
separately.
    (i) Separate entry and entry summary required. When all portions of 
an entity do not arrive within 10 calendar days of the arrival of the 
first portion, a separate entry and entry summary must be filed for 
each portion that has already arrived, and for each portion that 
subsequently will arrive on separate conveyances. The merchandise 
included on each separate entry shall be classified in its condition as 
imported. Each entry would reflect the quantities, values, 
classifications and rates of duty, as appropriate, of the various 
components conveyed in each shipment, and not the value or 
classification of the ordered single entity.
    (j) Exclusions. Merchandise subject to quota and/or visa 
requirements is entirely excluded from the procedures set forth in this 
section. Also, Customs reserves the right for the port director to deny 
use of the incremental release procedure and only release the shipment 
in its entirety as circumstances warrant, such as in the case where a 
particular shipment has been selected for examination.

PART 142--ENTRY PROCESS

    1. The general authority for part 142 would continue to read as 
follows:

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

    2. It is proposed to amend Sec. 142.21 by removing the second 
sentence in paragraph (e)(1) and adding in its place three new 
sentences, by removing the second sentence in paragraph (e)(2) and 
adding in its place three new sentences, by redesignating paragraph (g) 
as paragraph (i) and adding two new paragraphs (g) and (h), and by 
revising newly redesignated paragraph (i) to read as follows:


Sec. 142. 21  Merchandise eligible for special permit for immediate 
delivery.

* * * * *
    (e) Quota-class merchandise. (1) Tariff rate quotas. * * * However, 
merchandise subject to a tariff-rate quota may not be incrementally 
released under a special permit for immediate delivery as provided in 
paragraphs (g) and (h) of this section. Nor is such merchandise 
eligible for release under a special permit pursuant to 
Sec. 141.58(d)(1) of this chapter. Where a special permit is 
authorized, an entry summary will be properly presented pursuant to 
Sec. 132.1 of this chapter within the time specified in Sec. 142.23, or 
within the quota period, whichever expires first. * * *
    (2) Absolute quotas. * * * However, merchandise subject to an 
absolute quota under this paragraph may not be incrementally released 
under a special permit for immediate delivery as provided in paragraphs 
(g) and (h) of this section. Nor is such merchandise eligible for 
release under a special permit pursuant to Sec. 141.58(d)(1) of this 
chapter. Where a special permit is authorized, a proper entry summary 
must be presented for merchandise so

[[Page 16668]]

released within the time specified in Sec. 142.23, or within the quota 
period, whichever expires first. * * *
* * * * *
    (g) Split shipments. Merchandise subject to Sec. 141.57(d)(2) of 
this chapter, which is purchased and invoiced as a single shipment, but 
which is shipped by the carrier in separate portions to the same port 
of arrival due to the carrier's inability to accommodate the 
merchandise on a single conveyance, may be released incrementally under 
a special permit.
    (h) Entities shipped unassembled or disassembled on multiple 
conveyances. Merchandise subject to Sec. 141.58(d)(2) of this chapter, 
which is purchased, invoiced, and classified as a single entity under 
the Harmonized Tariff Schedule of the United States (HTSUS), and which 
is shipped in separate portions because its size or nature prevents 
accommodating the entity on a single conveyance, may be released 
incrementally under a special permit.
    (i) When authorized by Headquarters. Headquarters may authorize the 
release of merchandise under the immediate delivery procedure in 
circumstances other than those described in paragraphs (a), (b), (c), 
(d), (e), (f), (g), and (h) of this section provided a bond on Customs 
Form 301 containing the bond conditions set forth in Sec. 113.62 of 
this chapter is on file.
    3. It is proposed to amend Sec. 142.22 by removing the first 
sentence of paragraph (a) and adding in its place the following two 
sentences to read as follows:


Sec. 142.22  Application for special permit for immediate delivery.

    (a) Form. An application for a special permit for immediate 
delivery will be made on Customs Form 3461, supported by the 
documentation provided for in Sec. 142.3. A commercial invoice will not 
be required, except for merchandise released under the provisions of 19 
U.S.C. 1484(j). * * *
* * * * *
    4. It is proposed to amend Sec. 142.23 by adding a sentence to read 
as follows:


Sec. 142.23  Time limit for filing documentation after release.

    * * * The time for filing entry summary documentation may be 
extended as set forth in Sec. 141.58(g)(1) and (g)(2) of this chapter, 
under the authority of Sec. 141.58(b)(4) of this chapter.

    Approved: April 1, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-8218 Filed 4-5-02; 8:45 am]
BILLING CODE 4820-02-P