[Federal Register: February 25, 2003 (Volume 68, Number 37)]
[Notices]
[Page 8812-8813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe03-98]
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DEPARTMENT OF THE TREASURY
Customs Service
Announcement of Changes to the Eligibility Requirements and
Application Process for Participation in Remote Location Filing
Prototype Two
AGENCY: Customs Service, Department of the Treasury.
ACTION: General notice.
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SUMMARY: This notice announces two changes to Remote Location Filing
Prototype Two. One change provides that line release entries are no
longer permitted under this prototype. The other change simplifies the
application process for participation in the prototype to a one-step
procedure that will consolidate information collection and expedite
application processing at Customs Headquarters. Current RLF filers do
not need to re-apply to Customs Headquarters to continue participation
in RLF Prototype Two, nor will they be required to submit additional
port applications.
DATES: The changes to Customs second prototype of the Remote Location
Filing program will go into effect February 25, 2003. Comments
concerning these changes, or any other aspect of RLF, may be submitted
to Customs at any time. Applications for participation in RLF Prototype
Two will be accepted throughout the duration of the test program.
ADDRESSES: Written comments and applications to participate in the
prototype should be addressed to the Remote Filing Team, Office of
Field Operations, U.S. Customs Service, 1300 Pennsylvania Avenue, NW.,
Room 5.2-B, Washington, DC 20229. Comments may also be submitted via e-
mail to Lisa.k.santana@customs.treas.gov.
FOR FURTHER INFORMATION CONTACT: For systems or automation issues:
Eloisa Calafell (305) 869-2780 or Jackie Jegels (301) 893-6717. For
operational or policy issues: Lisa K. Santana at (202) 927-4342 or via
e-mail at Lisa.k.santana@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 added
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 file electronically 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 Prototype Two
In accordance with Sec. 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. On July 6,
2001, Customs announced in the Federal Register (66 FR 35693) changes
to the eligibility requirements for participation in RLF Prototype Two
which mandated that customs brokers hold a national permit. That notice
also announced that the provisions of part 111 of the Customs
Regulations (which set forth the regulations providing for the
licensing
[[Page 8813]]
of and granting of permits to customs brokers) were applicable to
customs brokers participating in the RLF prototype. The July 6, 2001,
document noted that all of the other RLF Prototype Two terms and
conditions set forth in the December 7, 1998 document remained in
effect.
Changes to RLF Prototype Two
Since the inception of RLF Prototype Two, there have been
significant changes made to the RLF application process, as well as to
the prototype's eligibility requirements. As a result, much of the
information contained in previous Federal Register notices regarding
the application process, participant selection, and eligibility
requirements needs to be updated or is now obsolete. For these reasons,
this notice contains a comprehensive and updated list of current RLF
eligibility requirements and a description of the new one-step
application process. Therefore, information contained in this notice
regarding these subject areas supercedes the information set forth in
the sections entitled ``Eligibility Criteria,'' ``Prototype Two
Applications,'' and ``Basis for Participant Selection'' in the above-
referenced Federal Register notices. All of the other RLF Prototype Two
terms and conditions set forth in the above-referenced Federal Register
notices remain in effect, except those explicitly changed by this
document and described below.
I. No Line Release Entries Permitted Under RLF Prototype Two
RLF participants may not file using paper invoices or line release
for RLF transactions. This prohibition is necessary to reflect the fact
that RLF participants must possess a national permit and line release
programs require a local permit.
II. RLF Prototype Two Eligibility Criteria
To be eligible to participate in RLF Prototype Two, a filer must
have proven capability to provide electronically, on an entry-by-entry
basis, the following: entry; entry summary; invoice information using
the Electronic Invoice Program (EIP); and the payment of duties, fees,
and taxes through the Automated Clearinghouse (ACH). See 19 U.S.C.
1414(a)(2). EIP includes modules of the Automated Broker Interface
(ABI) that allow entry filers to electronically transmit detailed entry
data and includes Automated Invoice Interface (AII) and Electronic Data
Interchange for Administration, Commerce and Transportation (EDIFACT).
In addition, the following requirements and conditions apply:
1. RLF participants must be operational on the ABI (see 19 CFR part
143, subpart A);
2. RLF participants must be operational on the ACH 30 days before
applying for RLF (see 19 CFR 24.25);
3. RLF participants must be operational on the EIP prior to
applying for RLF;
4. RLF participants must possess a National Permit (see 19 CFR
111.19(f));
5. The remote Customs location(s) to which a prospective RLF
participant wishes to transmit RLF information must have received EIP/
RLF training.
A current listing of RLF-trained locations, as well as other RLF
information and updates, is available on the Customs Electronic
Bulletin Board (CEBB), the Customs Administrative Message System
(CAMS), and on the Customs Internet Web site at http://www.customs.gov;
(CAMS), and on the Customs Internet Web site at http://www.customs.gov;
6. RLF participants must maintain a continuous bond which meets or
exceeds the national guidelines for bond sufficiency;
7. Only entry type 01 (consumption) and entry type 11 (informal)
will be accepted for RLF;
8. Cargo release must be certified from the entry summary
transaction data (EI);
9. RLF participants may not file using paper invoices or line
release for RLF transactions;
(Note: EIP participants will be allowed to file Immediate
Delivery releases for direct arrival road and rail freight at the
land border using paper invoices under Line Release, Border Cargo
Selectivity (BCS), or Cargo Selectivity (CS), in accordance with 19
CFR 142.21(a).)
10. Cargo that has been moved in-bond is not eligible for RLF but
may be eligible for clearance under EIP; and
11. RLF participants must use other government agency (OGA)
interfaces where available. It is the filer's responsibility to ensure
that all OGA requirements are met for each entry filed under RLF. If an
electronic interface is not available, contact your local RLF
coordinator for possible alternative filing options.
In addition to the eligibility requirements described above, all
RLF participants are reminded of their responsibility to provide
accurate information to Customs, and of their responsibility to adhere
to all laws, regulations, rules, restrictions and eligibility criteria
that pertain to this program. Any RLF participant who violates any of
the above conditions will be subject to all penalties available under
the law including possible suspension from the prototype.
Participants are further reminded that participation in RLF
Prototype Two is not confidential. Lists of approved participants will
be made available to the public.
RLF Prototype Two Application Process
Applications for participation in RLF Prototype Two will be
accepted on an ongoing basis and should be submitted to the Remote
Filing Team, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., Room
5.2B, Washington, DC 20229. Applications must contain the following
information:
1. Filer name, point of contact, address, filer code and IRS
;
2. Site(s) from which RLF transmission originates (include port
code);
3. Name of port(s) (including port code) to which RLF electronic
filings will be transmitted; and
4. A sample of 5 entries filed using the Automated Invoice
Interface (AII)/EIP, of varying complexity, that include: multiple
lines, multiple invoices and an adjustment to the entered value
(Delivered Duty Paid (DDP) and Cost, Insurance and Freight (CIF)).
After an application has been reviewed and evaluated, the applicant
will receive an approval or denial letter from the Remote Filing Team,
Customs Headquarters. An applicant will be permitted to begin filing
entries to a remote location upon receipt of a letter from Customs
granting approval to participate in RLF. If an approved RLF participant
seeks to add additional ports or importers, they must notify their ABI
client representative or the Headquarters coordinator for profile
updates.
Dated: February 13, 2003.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 03-4407 Filed 2-24-03; 8:45 am]
BILLING CODE 4820-02-P