Modification of the National Customs Automation Program Test Regarding Reconciliation, 1730-1732 [05-402]
Download as PDF
1730
Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices
the statement to the Contact Person listed on
this notice. The statement should include the
name, address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
In the interest of security, NIH has
instituted stringent procedures for entrance
into the building by non-government
employees. Persons without a government
I.D. will need to show a photo I.D. and signin at the security desk upon entering the
building.
Information is also available on the
Institute’s/Center’s home page: https://
www.ninds.nih.gov, where an agenda and
any additional information for the meeting
will be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.853, Clinical Research
Related to Neurological Disorders; 93.854,
Biological Basis Research in the
Neurosciences, National Institutes of Health,
HHS.)
Dated: January, 3, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–384 Filed 1–7–05; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Neurological
Disorders and Stroke; Notice of Closed
Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meetings.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute on
Neurological Disorders and Stroke Special
Emphasis Panel, Studies in Autonomic
Disorders.
Date: January 11–12, 2005.
Time: 8 a.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: Ritz-Carlton Hotel, Washington, DC.
Contact Person: Andrea Sawczuk, DDS,
PhD, Scientific Review Administrator,
Scientific Review Branch, Division of
Extramural Research, NINDS/NIH/DHHS,
6100 Executive Boulevard, Room #3208,
VerDate jul<14>2003
18:09 Jan 07, 2005
Jkt 205001
Bethesda, MD 20892. (301) 496–0660.
sawczuka@ninds.nih.gov.
This notice is being published less than 15
days prior to the meeting due to the timing
limitations imposed by the review and
funding cycle.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.853, Clinical Research
Related to Neurological Disorders; 93.854,
Biological Basis Research in the
Neurosciences, National Institutes of Health,
HHS.)
Dated: January 3, 2005.
Laverne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–385 Filed 1–7–05; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Biomedical
Imaging and Bioengineering; Notice of
Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussion could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Biomedical Imaging and Bioengineering
Special Emphasis Panel, Roadmap Imaging
Probes.
Date: March 15–16, 2005.
Time: 8 a.m. to 3:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: Gaithersburg Marriott
Washingtonian Center, 9751 Washingtonian
Boulevard, Gaithersburg, MD 20878.
Contact Person: Prabha L. Atreya, PhD.,
Scientific Review Administrator, Office of
Scientific Review, National Institute of
Biomedical Imaging and Bioengineering,
Bethesda, MD 20892. (301) 496–8633.
atreyapr@mail.nih.gov.
Dated: January 3, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–387 Filed 1–7–05; 8:45 am]
BILLING CODE 4140–01–M
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Biomedical
Imaging and Bioengineering; Notice of
Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Biomedical Imaging and Bioengineering
Special Emphasis Panel Training Grant
Review.
Date: February 9, 2005.
Time: 8 a.m. to 6 p.m.
Agenda: To review and evaluate grant
applications.
Place: Bethesda Marriott, 5151 Pooks Hill
Road, Bethesda, MD 20814.
Contact Person: Bonnie Dunn, PhD,
Scientific Review Administrator, Office of
Scientific Review, National Institute of
Biomedical Imaging and Bioengineering,
6707 Democracy Blvd., Suite 920, Bethesda,
MD 20892. 301–496–8633.
dunnbo@mail.nih.gov.
Dated: January 3, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–388 Filed 1–7–05; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Modification of the National Customs
Automation Program Test Regarding
Reconciliation
Customs and Border Protection,
Homeland Security.
ACTION: General notice.
AGENCY:
SUMMARY: This document modifies the
Customs and Border Protection
Automated Commercial System
Reconciliation prototype test by
changing the requirement for filing the
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices
Reconciliation entry from no later than
15 months to no later than 21 months
after the date the importer declares its
intent to file the Reconciliation. This
change does not apply to Reconciliation
entries covering NAFTA or US–CFTA
claims. Other than this modification, the
test remains the same as set forth in
previously published Federal Register
notices.
DATES: The test modification set forth in
this document is effective on February
9, 2005. The two-year testing period of
this Reconciliation prototype
commenced on October 1, 1998, and
was extended indefinitely starting
October 1, 2000. Applications to
participate in the test will be accepted
throughout the duration of the test.
ADDRESSES: Written inquiries regarding
participation in the Reconciliation
prototype test and/or applications to
participate should be addressed to Mr.
Richard Wallio, Reconciliation Team,
Bureau of Customs and Border
Protection, 1300 Pennsylvania Ave.,
NW., Room 5.2A, Washington, DC
20229–0001. Inquiries regarding the test
may be made by accessing
Recon.Help@dhs.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Wallio at (202) 344–2556.
SUPPLEMENTARY INFORMATION:
Background
Initially, it is noted that on November
25, 2002, the President signed the
Homeland Security Act of 2002, 6
U.S.C. 101 et seq., Pub. L. 107–296 (the
HS Act), establishing the Department of
Homeland Security and, under section
403(1) (6 U.S.C. 203(1)), transferring the
U.S. Customs Service, including
functions of the Secretary of the
Treasury relating to the Customs
Service, to the new department,
effective on March 1, 2003. Also, under
the HS Act and the Reorganization Plan
Modification for the Department of
Homeland Security that was signed on
January 30, 2003, the U.S. Customs
Service was renamed the Bureau of
Customs and Border Protection (CBP).
The agency will be referred to by that
name in this document, unless reference
to the Customs Service (or Customs) is
appropriate in a given context.
Reconciliation, a planned component
of the National Customs Automation
Program (NCAP), as provided for in
Title VI (Subtitle B) of the North
American Free Trade Agreement
Implementation Act (Pub. L. 103–182,
107 State. 2057 (December 8, 1993)), is
currently being tested by CBP under the
CBP Automated Commercial System
(ACS) Prototype Test. Customs initially
announced and explained the test in a
VerDate jul<14>2003
18:09 Jan 07, 2005
Jkt 205001
general notice document published in
the Federal Register (63 FR 6257) on
February 6, 1998. Clarifications and
operational changes were announced in
seven subsequent Federal Register
notices: 63 FR 44303, published on
August 18, 1998; 64 FR 39187,
published on July 21, 1999; 64 FR
73121, published on December 29, 1999;
66 FR 14619, published on March 13,
2001, 67 FR 61200, published on
September 27, 2002, 67 FR 68238,
published on November 8, 2002, and 69
FR 73730, published on September 2,
2004. A Federal Register (65 FR 55326)
notice published on September 13,
2000, extended the prototype
indefinitely.
For application requirements, see the
Federal Register notices published on
February 6, 1998, and August 18, 1998.
For additional information regarding the
test, see https://www.customs.gov/xp/
cgov/import/cargo_summary/.
Reconciliation Generally
Reconciliation is the process that
allows an importer, at the time an entry
summary is filed, to identify
undeterminable information (other than
that affecting admissibility) to CBP and
to provide that outstanding information
at a later date. The importer identifies
the outstanding information by means of
an electronic ‘‘flag’’ which is placed on
the entry summary at the time the entry
summary is filed. The issues for which
an entry summary may be ‘‘flagged’’ (for
the purpose of later reconciliation) are
limited and relate to: (1) Value issues;
(2) classification issues, on a limited
basis; (3) issues concerning value
aspects of entries filed under heading
9802, Harmonized Tariff Schedule of
the United States (HTSUS; 9802 issues);
and (4) post-entry claims under 19
U.S.C. 1520(d) for the benefits of the
North American Free Trade Agreement
(NAFTA) or the United States–Chile
Free Trade Agreement (US–CFTA) for
merchandise as to which such claims
were not made at the time of entry.
The flagged entry summary (the
underlying entry summary) is liquidated
for all aspects of the entry except those
issues that were flagged. The means of
providing the outstanding information
at a later date relative to the flagged
issues is through the filing of a
Reconciliation entry. Thus, the flagging
of an entry summary constitutes the
importer’s declaration of intent to file a
Reconciliation entry. The flagged issues
will be liquidated at the time the
Reconciliation entry is liquidated. Any
adjustments in duties, taxes, and/or fees
owed will be made at that time. (The
Reconciliation test procedure for
making post-entry NAFTA claims, also
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
1731
applicable to US–CFTA claims, is
explained in the February 6, 1998, and
December 29, 1999, Federal Register
notices.)
Test Modification
On December 3, 2004, the
Miscellaneous Trade and Technical
Corrections Act of 2004 (the Act; Pub.
L. 108–429) was signed into law.
Section 2101 of the Act amended 19
U.S.C. 1484(b)(1) to change the
requirement for filing a Reconciliation
entry from not later than 15 months to
not later than 21 months after the date
the importer declares its intent to file
the Reconciliation (date the entry
summary is flagged which is the date of
its filing). Based on this change, CBP is
modifying the ACS Reconciliation
prototype test by changing the
requirement for filing the Reconciliation
entry, except those covering NAFTA or
US–CFTA issues, from no later than 15
months to no later than 21 months after
the date the importer declares its intent
to file the Reconciliation. All other
aspects of the test remain the same.
The change to the test announced in
this document is effective 30 days after
the date this notice is published in the
Federal Register. Thus, under the test,
on and after the effective date,
Reconciliation entries covering most
Reconciliation issues (those having to
do with value, classification, or 9802
issues) must be filed as follows: (1) If
the dates of entry relative to the flagged
entry summaries covered by the
Reconciliation entry fall on or after the
effective date of this change, the
Reconciliation entry must be filed no
later than 21 months after the oldest
entry summary date; (2) if the dates of
entry relative to the flagged entry
summaries covered predate the effective
date, the Reconciliation entry must be
filed no later than 15 months after the
oldest entry summary date; and (3)
where the dates of entry relative to the
flagged entry summaries covered are a
mixture of (1) and (2) above, the
Reconciliation entry must be filed no
later than 15 months after the oldest
entry summary date. (CBP notes that the
entry summary date for a given entry of
merchandise is always either the same
as or later than the entry date.)
The filing of Reconciliation entries for
520(d) Reconciliation (relative to
NAFTA and US–CFTA claims) is still
required no later than 12 months after
the oldest date of entry (date of import)
applicable to the flagged entry
summaries covered. This requirement
has not changed.
E:\FR\FM\10JAN1.SGM
10JAN1
1732
Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices
Dated: January 4, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field
Operations.
[FR Doc. 05–402 Filed 1–7–05; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Christine DeRiso, Quota Enforcement
and Administration (202–344–2319).
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 4820–02–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
General Program Test Extended:
Quota Preprocessing
Customs and Border Protection;
Department of Homeland Security.
AGENCY:
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.
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.
DATES:
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).
ADDRESSES:
VerDate jul<14>2003
18:09 Jan 07, 2005
Jkt 205001
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 § 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
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
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; BuffaloNiagara 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 ChamplainRouses 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
E:\FR\FM\10JAN1.SGM
10JAN1
Agencies
[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Notices]
[Pages 1730-1732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-402]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Modification of the National Customs Automation Program Test
Regarding Reconciliation
AGENCY: Customs and Border Protection, Homeland Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document modifies the Customs and Border Protection
Automated Commercial System Reconciliation prototype test by changing
the requirement for filing the
[[Page 1731]]
Reconciliation entry from no later than 15 months to no later than 21
months after the date the importer declares its intent to file the
Reconciliation. This change does not apply to Reconciliation entries
covering NAFTA or US-CFTA claims. Other than this modification, the
test remains the same as set forth in previously published Federal
Register notices.
DATES: The test modification set forth in this document is effective on
February 9, 2005. The two-year testing period of this Reconciliation
prototype commenced on October 1, 1998, and was extended indefinitely
starting October 1, 2000. Applications to participate in the test will
be accepted throughout the duration of the test.
ADDRESSES: Written inquiries regarding participation in the
Reconciliation prototype test and/or applications to participate should
be addressed to Mr. Richard Wallio, Reconciliation Team, Bureau of
Customs and Border Protection, 1300 Pennsylvania Ave., NW., Room 5.2A,
Washington, DC 20229-0001. Inquiries regarding the test may be made by
accessing Recon.Help@dhs.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Wallio at (202) 344-2556.
SUPPLEMENTARY INFORMATION:
Background
Initially, it is noted that on November 25, 2002, the President
signed the Homeland Security Act of 2002, 6 U.S.C. 101 et seq., Pub. L.
107-296 (the HS Act), establishing the Department of Homeland Security
and, under section 403(1) (6 U.S.C. 203(1)), transferring the U.S.
Customs Service, including functions of the Secretary of the Treasury
relating to the Customs Service, to the new department, effective on
March 1, 2003. Also, under the HS Act and the Reorganization Plan
Modification for the Department of Homeland Security that was signed on
January 30, 2003, the U.S. Customs Service was renamed the Bureau of
Customs and Border Protection (CBP). The agency will be referred to by
that name in this document, unless reference to the Customs Service (or
Customs) is appropriate in a given context.
Reconciliation, a planned component of the National Customs
Automation Program (NCAP), as provided for in Title VI (Subtitle B) of
the North American Free Trade Agreement Implementation Act (Pub. L.
103-182, 107 State. 2057 (December 8, 1993)), is currently being tested
by CBP under the CBP Automated Commercial System (ACS) Prototype Test.
Customs initially announced and explained the test in a general notice
document published in the Federal Register (63 FR 6257) on February 6,
1998. Clarifications and operational changes were announced in seven
subsequent Federal Register notices: 63 FR 44303, published on August
18, 1998; 64 FR 39187, published on July 21, 1999; 64 FR 73121,
published on December 29, 1999; 66 FR 14619, published on March 13,
2001, 67 FR 61200, published on September 27, 2002, 67 FR 68238,
published on November 8, 2002, and 69 FR 73730, published on September
2, 2004. A Federal Register (65 FR 55326) notice published on September
13, 2000, extended the prototype indefinitely.
For application requirements, see the Federal Register notices
published on February 6, 1998, and August 18, 1998. For additional
information regarding the test, see https://www.customs.gov/xp/cgov/
import/cargo_summary/.
Reconciliation Generally
Reconciliation is the process that allows an importer, at the time
an entry summary is filed, to identify undeterminable information
(other than that affecting admissibility) to CBP and to provide that
outstanding information at a later date. The importer identifies the
outstanding information by means of an electronic ``flag'' which is
placed on the entry summary at the time the entry summary is filed. The
issues for which an entry summary may be ``flagged'' (for the purpose
of later reconciliation) are limited and relate to: (1) Value issues;
(2) classification issues, on a limited basis; (3) issues concerning
value aspects of entries filed under heading 9802, Harmonized Tariff
Schedule of the United States (HTSUS; 9802 issues); and (4) post-entry
claims under 19 U.S.C. 1520(d) for the benefits of the North American
Free Trade Agreement (NAFTA) or the United States-Chile Free Trade
Agreement (US-CFTA) for merchandise as to which such claims were not
made at the time of entry.
The flagged entry summary (the underlying entry summary) is
liquidated for all aspects of the entry except those issues that were
flagged. The means of providing the outstanding information at a later
date relative to the flagged issues is through the filing of a
Reconciliation entry. Thus, the flagging of an entry summary
constitutes the importer's declaration of intent to file a
Reconciliation entry. The flagged issues will be liquidated at the time
the Reconciliation entry is liquidated. Any adjustments in duties,
taxes, and/or fees owed will be made at that time. (The Reconciliation
test procedure for making post-entry NAFTA claims, also applicable to
US-CFTA claims, is explained in the February 6, 1998, and December 29,
1999, Federal Register notices.)
Test Modification
On December 3, 2004, the Miscellaneous Trade and Technical
Corrections Act of 2004 (the Act; Pub. L. 108-429) was signed into law.
Section 2101 of the Act amended 19 U.S.C. 1484(b)(1) to change the
requirement for filing a Reconciliation entry from not later than 15
months to not later than 21 months after the date the importer declares
its intent to file the Reconciliation (date the entry summary is
flagged which is the date of its filing). Based on this change, CBP is
modifying the ACS Reconciliation prototype test by changing the
requirement for filing the Reconciliation entry, except those covering
NAFTA or US-CFTA issues, from no later than 15 months to no later than
21 months after the date the importer declares its intent to file the
Reconciliation. All other aspects of the test remain the same.
The change to the test announced in this document is effective 30
days after the date this notice is published in the Federal Register.
Thus, under the test, on and after the effective date, Reconciliation
entries covering most Reconciliation issues (those having to do with
value, classification, or 9802 issues) must be filed as follows: (1) If
the dates of entry relative to the flagged entry summaries covered by
the Reconciliation entry fall on or after the effective date of this
change, the Reconciliation entry must be filed no later than 21 months
after the oldest entry summary date; (2) if the dates of entry relative
to the flagged entry summaries covered predate the effective date, the
Reconciliation entry must be filed no later than 15 months after the
oldest entry summary date; and (3) where the dates of entry relative to
the flagged entry summaries covered are a mixture of (1) and (2) above,
the Reconciliation entry must be filed no later than 15 months after
the oldest entry summary date. (CBP notes that the entry summary date
for a given entry of merchandise is always either the same as or later
than the entry date.)
The filing of Reconciliation entries for 520(d) Reconciliation
(relative to NAFTA and US-CFTA claims) is still required no later than
12 months after the oldest date of entry (date of import) applicable to
the flagged entry summaries covered. This requirement has not changed.
[[Page 1732]]
Dated: January 4, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-402 Filed 1-7-05; 8:45 am]
BILLING CODE 4820-02-P