[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]
[Page 46654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-90]
[[Page 46654]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Modification and Extension of the Post-Entry Amendment Processing
Test
AGENCY: Customs and Border Protection, DHS.
ACTION: General notice.
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SUMMARY: This document announces a modification of U.S. Customs and
Border Protection's (CBP) Post-Entry Amendment Processing test. The
test allows the amendment of entry summaries prior to liquidation. The
modification to the test requires the filer of a post-entry amendment
to submit an individual amendment letter no later than 20 days prior to
the scheduled liquidation date for the subject entry summary. This
document also sets forth that CBP is terminating the supplemental
information letter policy so that the post-entry amendment procedure
will be the only procedure for submitting post summary adjustments on
entry summaries prior to liquidation. Except for the modification set
forth in this document, the test procedure is the same as that set
forth in previously published Federal Register notices. The document
also announces that the test is being extended for another year.
DATES: The Post-Entry Amendment Processing test modification set forth
in this document is effective on September 20, 2007. The test is
extended for a one-year period commencing on August 21, 2007. CBP will
discontinue accepting Supplementary Information Letters on September
20, 2007.
ADDRESSES: Written comments regarding this notice, should be addressed
to U.S. Customs and Border Protection, Entry and Drawback Management
Branch, Office of International Trade, ATTN: Post-Entry Amendment, 1300
Pennsylvania Avenue, NW., Washington, DC 20229.
FOR FURTHER INFORMATION CONTACT: Questions pertaining to any aspect of
this notice should be directed to Jennifer Dolan, U.S. Customs and
Border Protection, Entry and Drawback Management Branch, Office of
International Trade, at (202) 344-2568 or via e-mail at
Jennifer.Dolan@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Customs Service (Customs; now U.S. Customs and Border
Protection or CBP) announced and described the Post-Entry Amendment
Processing test (the test or PEA test) in a general notice document
published in the Federal Register (65 FR 70872) on November 28, 2000.
The notice announced that the test would commence no earlier than
December 28, 2000, and run approximately one year. The test was
extended on three subsequent occasions by publication of notice in the
Federal Register as follows: to December 21, 2002 (67 FR 768; January
7, 2002); to December 31, 2003 (68 FR 8329; February 20, 2003); and to
December 31, 2004 (69 FR 5860; February 6, 2004).
The PEA test procedure, authorized under section 101.9(a) of the
CBP regulations (19 CFR 101.9(a)), allows importers to amend entry
summaries (not informal entries) prior to liquidation by filing with
CBP either an individual amendment letter upon discovery of certain
kinds of errors or a quarterly tracking report covering certain other
errors that occurred during the quarter. The November 28, 2000, and the
February 6, 2004, Federal Register notices describe in full detail the
PEA test procedure, including an explanation of the kinds of errors
mentioned above. Also, an explanation of the procedure is available at
http://www.cbp.gov (under the following links: ``Import'' and ``Cargo
Summary'').
Modification
Under the PEA test, an individual amendment letter (also known as a
single PEA) must be filed by the importer (or its broker) upon
discovery of: (1) A revenue related error in an entry summary where the
error results in either an overpayment or underpayment of duties,
taxes, and/or fees in the amount of $20 or more; (2) any error in an
entry summary relating to antidumping or countervailing duties; and (3)
any non-revenue related statistical information errors in an entry
summary that must be reported to the U.S. Census Bureau. Prior to
publication of this document, individual amendment letters were
required to be filed promptly after discovery of the error(s) and prior
to liquidation of the one or more entry summaries covered in the
letter.
Effective upon publication of this document in the Federal
Register, an importer or broker filing a single PEA must submit the PEA
at least 20 days prior to the scheduled liquidation date of each entry
summary covered in the letter. This 20-day period will provide CBP
sufficient time to review all entry summaries covered in a single PEA
prior to the scheduled liquidation date. Liquidation of single PEAs
(i.e., of the entry summaries covered) under the test is a manual
function and past performance has shown that more time is needed to
process these amendment requests effectively. Single PEAs submitted
untimely will be rejected and returned to the filer. In those instances
where the single PEAs are submitted timely but the entry summaries are
not unset or processed by the scheduled liquidation date and
liquidation occurs without benefit of the requested amendment, CBP will
treat them as protests under 19 U.S.C. 1514 or, if appropriate in the
circumstances, as evidence warranting reliquidation under 19 U.S.C.
1501.
Other than this modification, the test procedure remains as set
forth in previously published notices.
Extension
This notice announces a further extension of the PEA test for a
period of one year, such period to commence on the date this document
is published in the Federal Register.
Discontinuation of the SIL Policy
Finally, as of the effective date of this notice, the PEA test will
be the only procedure in place for post summary adjustments prior to
liquidation, and the SIL procedure (see Administrative Message 97-0727,
August 3, 1997) will be discontinued. CBP will issue an administrative
message regarding this change soon after publication of this notice.
Dated: August 15, 2007.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
[FR Doc. E7-16415 Filed 8-20-07; 8:45 am]
BILLING CODE 9111-14-P