[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Rules and Regulations]
[Page 1801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-741]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

[T.D. 02-62]
RIN 1515-AD11


Presentation of Vessel Cargo Declaration to Customs Before Cargo 
Is Laden Aboard Vessel at Foreign Port for Transport to the United 
States; Technical Correction

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule; technical correction.

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SUMMARY: This document contains a technical correction to the final 
regulations (T.D. 02-62), which were published Thursday, October 31, 
2002. The regulations required the advance and accurate presentation of 
certain vessel cargo declaration information to Customs prior to lading 
the cargo aboard the vessel at the foreign port and encouraged the 
presentation of this information electronically.

EFFECTIVE DATE: December 2, 2002.

FOR FURTHER INFORMATION CONTACT: Kimberly Nott, Office of Field 
Operations, (202-927-0042).

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2002, Customs published a final rule document in the 
Federal Register (67 FR 66318) as T.D. 02-62. The final rule concerned 
the requirement to provide advance and accurate presentation to Customs 
of certain vessel cargo declaration information prior to lading the 
cargo aboard the vessel at the foreign port and encouraged the 
presentation of this information electronically.
    This correction concerns when a transmission of the required cargo 
declaration information must be made by an eligible non-vessel 
operating common carrier (NVOCC). Specifically, in T.D. 02-62, Sec.  
4.7(b)(2) of the Customs Regulations (19 CFR 4.7(b)(2)) correctly 
provided that Customs must receive from the vessel carrier the vessel's 
Cargo Declaration, Customs Form 1302, or a Customs-approved electronic 
equivalent, 24 hours before such cargo was laden aboard the vessel at 
the foreign port. By contrast, Sec.  4.7(b)(3)(i) inadvertently stated 
in effect that if an eligible NVOCC elected to file such cargo 
declaration information with Customs, the NVOCC would have to 
electronically transmit this information to Customs 24 hours before the 
related cargo was laden aboard the vessel at the foreign port.
    However, under T.D. 02-62, both vessel carriers and NVOCCs were 
properly intended to be subject to the same 24-hour advance 
presentation requirement. As such, it was intended that under Sec.  
4.7(b)(3)(i) Customs likewise receive from a participating NVOCC the 
necessary cargo declaration information 24 hours before the related 
cargo was laden aboard the vessel at the foreign port. This document 
corrects that unintended inconsistency.

Correction of Publication

    Accordingly, the publication on October 31, 2002 of the final 
regulations (T.D. 02-62), which were the subject of FR Doc. 02-27661, 
is corrected as follows:
    On page 66331, in the second column, in Sec.  4.7, in the first 
sentence of paragraph (b)(3)(i), on line 14, add between the words 
``Vessel Automated Manifest System (AMS)'' and ``24 or more hours'' the 
words ``that must be received'.

    Dated: January 9, 2003.
Michael T. Schmitz,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 03-741 Filed 1-13-03; 8:45 am]
BILLING CODE 4820-02-P