[Federal Register: January 10, 2005 (Volume 70, Number 6)]
[Notices]
[Page 1732-1733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja05-54]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
General Program Test Extended: Quota Preprocessing
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: With this notice, the Bureau of Customs and Border Protection
(CBP) announces that the duration of the quota preprocessing program
test, which provides for the electronic processing of certain quota-
class apparel merchandise prior to arrival of the importing carrier, is
extended until December 31, 2006. The quota preprocessing program test
is currently being conducted at all CBP ports and was set to expire on
December 31, 2004. The duration of the test is being extended so that
CBP can continue to evaluate the program's effectiveness. Public
comments concerning any aspect of the program test as well as
applications to participate in the test are requested.
DATES: The program test is extended to run until December 31, 2006.
Applications to participate in the test and comments concerning the
test will continue to be accepted throughout the testing period. Should
the test be adopted as a permanent program under the CBP regulations
through rulemaking, notification terminating the test will be issued.
ADDRESSES: Written comments regarding this notice or any aspect of the
program test should be addressed to Christine DeRiso, Quota Enforcement
and Administration, Bureau of Customs and Border Protection, 1300
Pennsylvania Avenue, NW., Room 5.3-D, Washington, DC 20229, or may be
sent via e-mail to Quota,HQ@dhs.gov. An application to participate in
the program test must be sent to the CBP port(s) (Attention: Program
Coordinator for Quota Preprocessing) where the applicant intends to
submit quota entries for preprocessing. Information on CBP port
addresses may be obtained by contacting the CBP Web site at http://www.CBP.gov
(Office Locations).
FOR FURTHER INFORMATION CONTACT: Christine DeRiso, Quota Enforcement
and Administration (202-344-2319).
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1998, the Bureau of Customs and Border Protection (CBP)
published a general notice in the Federal Register (63 FR 39929)
announcing the limited testing of a new operational procedure regarding
the electronic processing of quota-class apparel merchandise. The test,
authorized under Sec. 101.9(a), CBP Regulations (19 CFR 101.9(a)), was
commenced on September 15, 1998, at the ports of New York/Newark and
Los Angeles. Quota preprocessing allows certain quota entries
(merchandise classifiable in chapter 61 or 62 of the Harmonized Tariff
Schedule of the United States (HTSUS)) to be filed, reviewed for
admissibility, and to have their quota priority and status determined
by CBP prior to arrival of the carrier, similar to the method of
preliminary review by which non-quota entries are currently processed.
The purpose of quota preprocessing is to reduce CBP processing time for
qualified quota entries and to expedite the release of the subject
merchandise to the importer. To this end, participants in the quota
preprocessing test have been allowed to submit quota entries to CBP up
to 5 days prior to vessel arrival or after the wheels are up on air
shipments. The July 24, 1998, Federal Register notice described the new
procedure, specified the eligibility and application requirements for
participation in the program test, and noted the acts of misconduct for
which a participant in the test could be suspended and disqualified
from continued participation in the program. The test was scheduled to
continue for a six-month period that expired on March 14, 1999.
On March 25, 1999, January 6, 2000, and November 30, 2000, CBP
published general notices in the Federal Register (64 FR 14499, 65 FR
806, and 65 FR 71356, respectively) that extended the program test
through December 31, 2002. These extensions of the test procedure were
undertaken so that CBP could further evaluate the effectiveness of the
program and determine whether the program test should be expanded to
other ports. By a notice published in the Federal Register (66 FR
66018) on December 21, 2001, the test was expanded to a selected number
of additional ports in order to enable CBP to continue to study the
program's effectiveness and determine whether the program should be
established nationwide on a permanent basis through appropriate
amendments to the CBP Regulations. The additional ports selected to
participate in the expanded program test were: Atlanta; Boston seaport;
Logan Airport, Boston; Buffalo-Niagara Falls; Champlain-Rouses Point;
Chicago; Columbus; Memphis; Miami; Miami International Airport;
Newport/Portland, Oregon (the area port of Portland); Puget Sound (the
ports of Seattle and Seattle/Tacoma International Airport); San
Francisco seaport; and San Francisco International Airport. The
expansion of the test to these ports was determined by the volume of
quota lines of apparel merchandise entered at these ports. Because two
of the additional ports selected to participate in the program test
received shipments by land (Buffalo-Niagara Falls and Champlain-Rouses
Point), CBP allowed quota entries in these circumstances to be
presented to CBP after the carrier departed from its location in Canada
destined for the U.S. border. Finally, by a notice published in the
Federal Register (67 FR 57271) on September 9, 2002, CBP expanded the
test to all CBP ports effective as of October 9, 2002, and extended the
duration of the program test until December 31, 2004.
The duration of the test is now being further extended so that CBP
can continue to evaluate the program's effectiveness.
Prospective applicants may consult the December 21, 2001, and July
24, 1998, Federal Register notices for a more detailed discussion of
the quota preprocessing program and the September 9, 2002, Federal
Register notice for eligibility criteria.
Application Process; Additional Ports; Misconduct
An importer wishing to participate in the quota preprocessing test
must submit a written application to the attention of the Program
Coordinator for Quota Preprocessing at each port where the applicant
intends to submit quota entries for preprocessing. Information on CBP
port addresses may be obtained by contacting the CBP Web site at http://www.CBP.gov
(Office Locations).
The application must include the following information: (1) The
specific port(s) included under the program where entries of the quota
merchandise are intended to be made; (2) the importer of record
number(s), including suffix(es), and a statement of the importer's/
filer's electronic filing capabilities; and (3) names and addresses of
any entry filers, including CBP brokers, who will be electronically
[[Page 1733]]
filing entries at each port under the program on behalf of the
importer/participant. Applicants will be notified in writing of their
selection or nonselection to participate in the test. An applicant
denied participation may appeal in writing to the port director at the
port where the application was denied. Application requirements are set
forth in the September 9, 2002, Federal Register notice.
Current participants in quota preprocessing that also wish to file
entries under the program at any additional ports must notify, in
writing, the additional port(s) at least 5 working days before
submitting entries at such port(s). Also, for those that are selected
to participate in the test, the July 24, 1998, Federal Register notice
should be consulted regarding the acts of misconduct that may result in
a participant being suspended from the program and how a participant
may appeal a proposed suspension from the program.
Dated: January 4, 2005.
William S. Heffelfinger III,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-403 Filed 1-7-05; 8:45 am]
BILLING CODE 4820-02-P