Federal Register, Volume 75, Number 50, March 16, 2010, Pages 12433-12656 Page: 12,483
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Federal Register/Vol. 75, No. 50/Tuesday, March 16, 2010/Proposed Rules
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-5647 Filed 3-15-10: 8:45 am]
Billing Code: 6750-01-S
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 159
[USCBP-2010-0008]
RIN 1505-AC21
Courtesy Notice of Liquidation
AGENCY: Customes and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: This document proposes to
amend title 19 of the Code of Federal
Regulations (CFR) pertaining to the
method by which CBP issues courtesy
notices of liquidation. Courtesy notices
of liquidation provide informal,
advanced notice of the liquidation date
and are not required by statute.
Currently, CBP provides an electronic
and a paper courtesy notice for
importers of record whose entry
summaries are electronically filed in the
Automated Broker Interface (ABI). In an
effort to streamline the notification
process and reduce printing and mailing
costs, CBP proposes to discontinue
mailing paper courtesy notices of
liquidation to importers of record whose
entry summaries are filed in ABI.
DATE: Comments must be received on or
before May 17, 2010.
ADDRESSES: You may submit comments,
identified by USCBP docket number, by
one of the following methods:
* Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP-2010-0008.
* Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
U.S. Customs and Border Protection,
799 9th Street, NW. (Mint Annex),
Washington, DC 20229-1179.
Instructions: All submissions received
must include the agency name and
USCBP docket number for this
rulemaking. All comments received will
be posted without change to http://
www.regulations.gov, including anypersonal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
"Public Participation" heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
International Trade, U.S. Customs and
Border Protection, 799 9th Street, NW.,
5th Floor, Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Joseph Clark at (202) 325-
0118.
FOR FURTHER INFORMATION CONTACT:
Laurie Dempsey, Trade Policy and
Programs, Office of International Trade,
Customs and Border Protection, 202-
863-6509.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the
proposed rule. Customs and Border
Protection (CBP) also invites comments
that relate to the economic,
environmental, or federalism effects that
might result from this proposed rule. If
appropriate to a specific comment, the
commenter should reference the specific
portion of the proposed rule, explain the
reason for any recommended change,
and include data, information, or
authority that support such
recommended change.
Background
Section 1500(e) of title 19 of the
United States Code (19 U.S.C. 1500(e))
requires CBP to provide notice of
liquidation to the importer or his agent
and authorizes CBP to determine the
form and manner by which to issue the
notice. Section 159.1 of the CBP
regulations (19 CFR 159.1) defines
"liquidation" as the final calculation of
duties (not including vessel repair
duties) or drawback accruing on an
entry. "Duties" is defined in 19 CFR
101.1 as "[c]ustoms duties and any
internal revenue taxes which attach
upon importation." Accordingly, in the
customhouse at each port of entry, CBP
posts the official bulletin notice of
liquidation indicating the date of
liquidation for the entries listed therein.19 CFR 159.9(c). The posting of the
bulletin notice of liquidation is "legal
evidence of liquidation." 19 CFR
159.9(c).
CBP also has the discretion to provide
advance notice of the liquidation date to
the importer or his agent by issuing
informal, courtesy notices of liquidation
(hereinafter "courtesy notice" or
"courtesy notices"). 19 CFR 159.9(d).
The courtesy notice is not required by
19 U.S.C. 1500(e) and does not trigger
the date upon which an importer may
file a protest under 19 U.S.C. 1514
challenging certain aspects of the
liquidation.
CBP intends to make certain changes
to the distribution of courtesy notices of
liquidation. Courtesy notices are mailed
and/or issued electronically to two
parties who use the Automated Broker
Interface (ABI) to file their entry
summaries: Importers of record and
customs brokers who are duly
authorized agents of the Importers.
Currently, CBP's Technology Center
transmits, on a weekly basis, electronic
courtesy notices to all ABI filers and
mails paper courtesy notices, on CBP
Form 4333-A, to all importers of record
whose entry summaries are set to
liquidate by each port of entry. As a
result, two courtesy notices are issued
for importers of record whose electronic
entry summaries are filed in ABI: the
ABI filer receives an electronic courtesy
notice on behalf of the importer of
record; and, the importer of record
receives a paper courtesy notice. If the
importer of record is the ABI filer, then
the importer of record receives both an
electronic and a paper courtesy notice.
See 19 CFR part 143. If an importer files
a paper formal entry with CBP, that
importer receives a mailed courtesy
notice. See 19 CFR parts 141 and 142.
In an effort to streamline the
notification process and reduce printing
and mailing costs, CBP is proposing to
discontinue mailing the paper courtesy
notice to importers of record whose
entry summaries are filed in ABI. The
ABI filer, who is either the importer of
record or a customs broker, already
receives an electronic courtesy notice
thereby rendering the paper courtesy
notice duplicative. If the proposal is
adopted, ABI filers would only receive
electronic courtesy notices. Below is an
analysis of the cost savings that will
result if CBP discontinues paper
courtesy notices to these recipients.
Cost Savings
The following analysis details the cost
savings that would be realized by the
agency as a result of eliminating paper
courtesy notices to importers of record
who personally receive an electroniccourtesy notice or whose broker receives
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 50, March 16, 2010, Pages 12433-12656, periodical, March 16, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52631/m1/57/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.