[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19865-19866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7695]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification and Extension of the Post-Entry Amendment Processing 
Test; Correction

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: General notice; correction.

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SUMMARY: On August 21, 2007, U.S. Customs and Border Protection (CBP) 
published a general notice in the Federal Register announcing a 
modification of the CBP post-entry amendment processing test and the 
discontinuance of the supplemental information letter (SIL) policy. 
This document corrects the previously published notice concerning its 
statement that timely filed individual amendment letters (now known as 
single post entry amendments (PEAs) or single PEAs) will be treated as 
protests under 19 U.S.C. 1514 where the entry summaries covered by the 
PEAs were liquidated without consideration of the requested amendment. 
In such circumstances, CBP may reliquidate the entry summaries under 19 
U.S.C. 1501 based on the PEAs or the importer may file a protest in 
accordance with 19 U.S.C. 1514. CBP will not treat single PEAs filed 
before liquidation as protests.

DATES: This correction of the previously published test modification as 
described in this document is effective on April 11, 2008.

ADDRESSES: Written comments regarding this correction and the 
previously published test modification referenced above should be 
addressed to Customs and Border Protection, Entry, Summary and Drawback 
Branch, Office of International Trade, ATTN: Post-Entry amendment, 1300 
Pennsylvania Avenue, NW., Room (L-4), Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Questions pertaining to any aspect of 
this notice, or the previously published notice referenced above, 
should be directed to Jennifer Dolan, Customs and Border Protection, 
Entry, Summary and Drawback Branch, Office of International Trade, at 
(202) 863-6538 or via e-mail at [email protected].

[[Page 19866]]


SUPPLEMENTARY INFORMATION: On August 21, 2007, CBP published a general 
notice in the Federal Register (72 FR 46654) announcing a modification 
of the PEA test. The PEA test procedure allows test participants 
(importers) to amend entry summaries (not informal entries) prior to 
liquidation by filing with CBP either a single PEA upon discovery of 
certain kinds of errors or a quarterly tracking report covering certain 
other errors that occurred during the quarter. The test modification, 
which became effective on September 20, 2007, concerned the timeliness 
of filing single PEAs. Prior to the modification, the test participant 
was required to file a single PEA promptly after discovery of a covered 
error and prior to the liquidation of the subject entry summary. The 
test procedure as modified requires that a single PEA be filed at least 
20 days before the scheduled liquidation date of the subject entry 
summary.
    The modification notice explained that an untimely filed single PEA 
would be rejected and a timely filed single PEA would be treated by CBP 
as a protest under 19 U.S.C. 1514 in any instance where the entry 
summaries are not unset or processed by the scheduled liquidation date 
and liquidation therefore occurs without benefit of the requested 
amendment.

Correction

    Under 19 U.S.C. 1514, a protest must be filed within a certain 
period after, not before, certain specified CBP actions, one of which 
is liquidation of the entry summary. To treat a single PEA filed prior 
to the liquidation, as described above, as a protest of the liquidation 
is contrary to the terms of the statute. Therefore, this notice 
specifies that in the instance of such liquidation, performed without 
consideration of the PEA, CBP may reliquidate the entry summary 
voluntarily under 19 U.S.C. 1501 or the importer may file a protest 
under 19 U.S.C. 1514.

    Dated: April 7, 2008.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
 [FR Doc. E8-7695 Filed 4-10-08; 8:45 am]
BILLING CODE 9111-14-P