Details of CBP's Proposed Rule to Discontinue Paper Courtesy Notices of Liquidation for ABI Summaries
U.S. Customs and Border Protection has issued a proposed rule to amend 19 CFR Part 159 to discontinue mailing paper courtesy notices of liquidation to filers whose entry summaries are filed in the Automated Broker Interface (ABI).
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CBP states that this change would streamline the notification process and reduce printing and mailing costs, resulting in the elimination of more than 90% of the paper courtesy notices of liquidation.
(Courtesy notices of liquidation provide informal, advanced notice of the liquidation date and are not required by statute1.)
Written comments on this proposed rule are due by May 17, 2010.
Two Courtesy Notices are Currently Issued for ABI Entry Summaries
Currently, courtesy notices are mailed and/or issued electronically to importers of record and customs brokers, the two parties who use ABI to file entry summaries. CBP's Technology Center transmits, on a weekly basis, electronic courtesy notices to all ABI filers and mails paper courtesy notices, on CBP Form 4333-A, to all importers of record whose entry summaries are set to liquidate by each port of entry.
As a result, two courtesy notices are issued for importers of record whose electronic entry summaries are filed in ABI: the ABI filer receives an electronic courtesy notice on behalf of the importer of record; and, the importer of record receives a paper courtesy notice. If the importer of record is the ABI filer, then the importer of record receives both an electronic and a paper courtesy notice.
The ABI filer, who is either the importer of record or a customs broker, already receives an electronic courtesy notice thereby rendering the paper courtesy notice duplicative. If CBP's proposed rule is adopted, ABI filers would only receive electronic courtesy notices.
Posting Official Bulletin Notice of Liquidation at Ports Would Continue
The proposed changes would not affect CBP's continuing legal obligation to post the official bulletin notice of liquidation in the customhouse at all ports of entry pursuant to 19 CFR 159.9(b).
Mailed Courtesy Notices for Paper Formal Entries Would Continue, Etc.
Those that file a paper formal entry with CBP would continue to receive a mailed courtesy notice (Form 4333-A). Moreover, the use of CBP Form 4333-A as a notice of extension and suspension would continue.
119 USC 1500(e) requires CBP to provide notice of liquidation to the importer or his agent and authorizes CBP to determine the form and manner by which to issue the notice. CBP has the discretion to provide advance notice of the liquidation date to the importer or his agent by issuing informal courtesy notices. The courtesy notice is not required by 19 USC 1500(e) and does not trigger the date upon which an importer may file a protest under 19 USC 1514 challenging certain aspects of the liquidation.
(See ITT's Online Archives or 03/15/10 news, 10031505, for BP summary announcing this proposed rule.)
CBP contact: Laurie Dempsey (202) 863-6509
CBP proposed rule (D/N USCBP-2010-0008, FR Pub 03/16/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-5635.pdf