[Federal Register: July 6, 2001 (Volume 66, Number 130)]
[Notices]               
[Page 35693-35694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy01-111]                         

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DEPARTMENT OF THE TREASURY

Customs Service

 
Announcement of Changes to the Eligibility Requirements for 
Participation in Remote Location Filing Prototype Two

AGENCY: Customs Service, Department of the Treasury.

[[Page 35694]]


ACTION: General notice.

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SUMMARY: This notice announces a new eligibility requirement for 
participation in the second prototype of Customs Remote Location Filing 
program (RLF). Specifically, customs brokers who are RLF applicants or 
current RLF participants must hold a national broker permit to 
participate in RLF. This notice also announces that the provisions of 
part 111 of the Customs Regulations now apply to the prototype.

DATES: The changes to Customs second prototype of the Remote Location 
Filing program will go into effect July 6, 2001. Customs brokers who 
are current participants in RLF must submit their national permit 
numbers to Customs on or before November 6, 2001. Comments concerning 
these changes, or any other aspect of RLF, may be submitted to Customs 
at any time.

ADDRESSES: Written comments (preferably in triplicate) regarding this 
notice, and submissions of national permit numbers, should be addressed 
to the Remote Filing Team, Office of Field Operations, U.S. Customs 
Service, 1300 Pennsylvania Avenue, N.W., Room 5.2-B, Washington, D.C. 
20229.

FOR FURTHER INFORMATION CONTACT: For systems or automation issues: 
Steve Linnemann (202) 927-0436, Jackie Jegels (301) 893-6717, or 
Patricia Welter (305) 869-2782. For operational or policy issues: Vikki 
Lazaro (202) 927-4342 or via email at Vikki.Lazaro@customs.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

RLF Authorized by the National Customs Automation Program (NCAP)

    Title VI of the North American Free Trade Agreement Implementation 
Act, Pub. L. 103-182, 107 Stat. 2057 (December 8, 1993), contains 
provisions pertaining to Customs Modernization (107 Stat. 2170). 
Subpart B of title VI of the Act concerns the National Customs 
Automation Program (NCAP), an electronic system for the processing of 
commercial imports. Within subpart B, section 631 of the Act adds 
section 414 (19 U.S.C. 1414), which provides for Remote Location Filing 
(RLF), to the Tariff Act of 1930, as amended. RLF permits an eligible 
NCAP participant to elect to electronically file a formal or informal 
consumption entry with Customs from a remote location within the 
Customs territory of the United States other than the port of arrival, 
or from within the port of arrival with a requested designated 
examination site outside the port of arrival.

RLF Test Prototypes

    In accordance with section 101.9(b) of the Customs Regulations (19 
CFR 101.9(b)), Customs has developed and tested two RLF prototypes.
    RLF Prototype Two commenced on January 1, 1997. See document 
published in the Federal Register (61 FR 60749) on November 29, 1996. 
On December 7, 1998, Customs announced in the Federal Register (63 FR 
67511) that Prototype Two would remain in effect until Customs 
concluded the prototype by notice in the Federal Register. Accordingly, 
the RLF Prototype Two terms and conditions set forth in the December 7, 
1998, document remain in effect, except for those explicitly changed by 
this notice and described below.

Change to RLF Prototype Two Eligibility Criteria

    This notice adds a new eligibility requirement for participation in 
RLF. The new requirement is in addition to those eligibility criteria 
applicable to RLF Prototype Two, as described in the December 7, 1998, 
Federal Register document, which remain in effect. The new eligibility 
requirement mandates that a licensed customs broker who applies to 
participate in RLF must hold a national permit. The procedures for 
obtaining a national permit are set forth in Sec. 111.19(f) of the 
Customs Regulations (19 CFR 111.19(f)). Licensed customs brokers who 
are current participants in RLF may continue to participate in the 
prototype without reapplying; however, they must submit proof to 
Customs that they hold a national permit (i.e., submission of the 
broker's national permit number) within 120 days from the date of this 
notice to retain eligibility to participate in RLF. National permit 
numbers must be submitted to the Remote Filing Team, Office of Field 
Operations, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., Room 
5.2-B, Washington, DC 20229. Failure to timely submit such proof to 
Customs will result in the automatic suspension of the broker's 
eligibility to participate in RLF, effective 121 days from the date of 
this notice. The suspension will remain in effect, during which time 
the broker will be precluded from electronically filing new entries 
from a remote location, until Customs receives and verifies the 
broker's national permit number. Upon receipt and verification, Customs 
will notify the broker of the reinstatement date of the broker's right 
to participate in RLF, and the broker will not need to reapply to 
participate in RLF. It should be noted that individuals who are 
otherwise eligible to participate in RLF, who are not customs brokers, 
are not required to hold a national broker permit.
    This change to the RLF eligibility criteria reflects the terms of 
part 111 of the Customs Regulations, which sets forth the regulations 
providing for the licensing of and granting of permits to customs 
brokers. Section 111.2 of the Customs Regulations (19 CFR 111.2) 
provides for the license and district permit requirements applicable to 
customs brokers. Section 111.2(b)(2)(i)(C) provides that a national 
permit issued to a broker under Sec. 111.19(f) constitutes sufficient 
permit authority for a broker who is a NCAP participant. As RLF is a 
component of the NCAP, this notice amends the RLF eligibility criteria 
to conform to the terms of Sec. 111.2.

Part 111 of the Customs Regulations Applies to RLF Prototype Two

    In the December 7, 1998, Federal Register document, in the section 
entitled ``Regulatory Provisions Suspended'', Customs stated that 
certain provisions in part 111 of the Customs Regulations were 
suspended for the duration of the second prototype test. This notice 
announces that the provisions of part 111 are now applicable to customs 
brokers participating in the RLF prototype.

    Dated: June 29, 2001.
Bonni G. Tischler,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 01-16920 Filed 7-5-01; 8:45 am]
BILLING CODE 4820-02-P