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CBP Proposes Rule to Make Remote Location Filing Permanent (Number of RLF Ports to Also Expand) (Part I)

U.S. Customs and Border Protection (CBP) has issued a proposed rule that would amend 19 CFR Parts 111, 113, 141, 142, and 143 to make Remote Location Filing (RLF) permanent, instead of a prototype as it is currently. Written comments are due by May 22, 2007.

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CBP states that RLF allows approved participants to electronically file entries from a location within the U.S. other than the port of arrival or the district designated in the entry for examination, to an RLF-operational CBP location.

This is Part I of a multi-part series of BP summaries of this proposed rule, and provides an overview. See future issues for additional summaries.

RLF to Continue as Prototype Until Final Rule Takes Effect

According to CBP, RLF is currently authorized under National Customs Automation Program (NCAP) testing. CBP conducted its first RLF prototype, designated Prototype One, from 1995 through 1996. CBP has been operating RLF under a second prototype (Prototype Two) since 1997.

CBP states that it has evaluated the RLF prototype and determined it to be successful in meeting the objectives of the NCAP. Therefore, CBP is now proposing to implement RLF on a permanent basis.

All Current RLF Participants Meet Requirements of Proposed Rule

CBP notes that all current RLF prototype participants meet the requirements for RLF filing as outlined in the proposed rule. CBP also notes that no formal application process is proposed.

CBP Intends to Make All Service Ports RLF-Operational Prior to Effective Date of Final Rule

CBP states that if this proposed rule is adopted as a final rule, the CBP locations that have been identified as operational for RLF purposes under Prototype Two will continue to serve in this capacity.

In addition, CBP states that it intends to have all service ports RLF-operational prior to the effective date of the final rule.

CBP adds that it is also anticipated that if sufficient trade interest exists, and CBP deems it appropriate, other ports of entry will become RLF-operational once final regulations are in place.

Announcements of new locations will be placed on the Automated Broker Interface (ABI) Administrative Message System. A list of all RLF-operational locations is available CBP's Web site (http://www.cbp.gov/xp/cgov/import/cargo_summary/remote_location_filing/).

CBP Proposes to Add RLF Regulations as New Subpart E to 19 CFR Part 143

CBP states that it is proposing to set the regulatory framework for RLF in a new subpart E (RLF) to 19 CFR Part 143 (special entry procedures).

Proposed new Subpart E to 19 CFR Part 143 contains provisions dealing with the following aspects of RLF: applicability, definitions, RLF eligibility criteria, RLF procedures, and filing of additional entry information.

CBP Proposes Conforming Changes to Regulations Impacted by RLF

In addition to proposing a new Subpart E, CBP is proposing to amend its existing regulations that are impacted by RLF: 19 CFR 111.2, 113.62, 141.18, 141.61, 141.63, 141.86, 141.90, 142.3, 143.0, and 143.32.

- written comments are due by May 22, 2007

Tony Casucci (systems or automation issues)(202) 772-2041
Marla Bianchetta (operational or policy issues)(202) 344-2693

CBP proposed rule (D/N USCBP-2006-0001, FR Pub 03/23/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-1330.pdf