Automated Commercial Environment (ACE): National Customs Automation Program Test of Periodic Monthly Payment Statement Process, 45736-45738 [05-15571]
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45736
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Notices
public comments to consider during the
approval process for this request.
DATES: Comments and related material
must reach U.S. Coast Guard Sector
Baltimore on or before September 7,
2005.
You may submit comments
identified by Coast Guard docket
number CGD05–05–088 to U.S. Coast
Guard Sector Baltimore. To avoid
duplication, please use only one of the
following methods:
(1) Mail: Commander, U.S. Coast
Guard Sector Baltimore, 2401 Hawkins
Point Road, Baltimore, MD 21226–1791,
Attn: Cove Point South Berth.
(2) Fax: 410–576–2553.
(3) Hand delivery: Room 208 of
Building 70 on the Coast Guard Yard
Curtis Bay, 2401 Hawkins Point Road,
Baltimore, MD, between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 410–576–2619.
(4) Electronic mail:
jdufresne@actbalt.uscg.mil.
ADDRESSES:
If
you have questions on this notice, or if
you have questions on viewing or
submitting material to the docket, call
LCDR Joe DuFresne, Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone 410–576–2619.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Request for Comments
If you submit a comment, please
include your name and address, identify
the docket number for this notice
(CGD05–05–088) and give the reason for
each comment. You may submit your
comments by electronic means, mail,
fax, or delivery to Coast Guard Sector
Baltimore at the address under
ADDRESSES; but please submit your
comments by only one means. If you
submit comments by mail or delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
address listed under ADDRESSES, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments received during the
comment period.
On October 25, 2000, Cove Point LNG
Limited Partnership submitted a Letter
of Intent to reopen the LNG Terminal at
Cove Point, Calvert County, Maryland,
located on the Chesapeake Bay. On
December 23, 2002, the Captain of the
Port, Baltimore, submitted a Letter of
Recommendation addressing several
20:13 Aug 05, 2005
Dated: July 20, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Commander, U.
S. Coast Guard Sector Baltimore, Baltimore,
Maryland.
[FR Doc. 05–15616 Filed 8–5–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Automated Commercial Environment
(ACE): National Customs Automation
Program Test of Periodic Monthly
Payment Statement Process
Bureau of Customs and Border
Protection; Department of Homeland
Security.
ACTION: General notice.
AGENCY:
Background and Purpose
VerDate jul<14>2003
items pertaining to the suitability of the
Chesapeake Bay for LNG transport.
One item dealt with the depth of
water required to accommodate the
maximum 36 foot draft of a typical LNG
tanker. It was noted that the northern
berth of the Cove Point LNG terminal
pier was able to accommodate vessels
with this draft. However, the 36 foot
mean low water depth of the southern
berth (38°24′ N, 76°23′ W) could not.
The Letter of Recommendation,
therefore, noted that the south berth
would not be suitable for LNG marine
traffic unless the water depth was
increased by dredging.
On April 28, 2005, Dominion Cove
Point LNG Limited Partnership
submitted a letter to the Captain of the
Port, Baltimore, requesting approval to
receive LNG tankers at the south berth,
provided that the vessels had a fully
laden draft of no more than 34 feet.
These smaller vessels could be
accommodated at the Cove Point
facility’s south berth without dredging.
The Coast Guard understands that if
this request is approved, operations at
Cove Point will not change other than
allowing smaller LNG tankers to moor at
the south berth. There will still only be
one LNG vessel moored at Cove Point at
any given time.
No public meeting is currently
planned to discuss this issue. However,
if the response from this request for
comment implies that a public meeting
is strongly desired, we will schedule
one.
Jkt 205001
SUMMARY: This document announces
changes in the Bureau of Customs and
Border Protection’s (CBP) National
Customs Automation Program (NCAP)
test concerning periodic monthly
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
deposit of estimated duties and fees. A
change to the time period allowed for
the deposit of the duties and fees is
being made in order to comply with the
provisions of section 2004 of the
Miscellaneous Trade and Technical
Corrections Act of 2004, Public Law
108–429, which extended the time of
deposit of those estimated duties and
fees from the 15th calendar day to the
15th working day of the month
following the month in which the goods
are either entered or released. Another
change being made concerns whether
CBP will establish a claim for liquidated
damages when a participant removes an
entry from a Periodic Daily Statement or
a Preliminary Monthly Statement after
expiration of a 10-working-day period
after release. This document also
advises that entries containing Census
errors will be eligible to be placed on a
Periodic Daily Statement and designated
for monthly payment. The latter two
changes are being made in order to
increase the efficiencies of the
Automated Commercial Environment
(ACE) and to encourage participation in
the Periodic Monthly Statement process.
DATES: The changes announced in this
notice concerning the time of payment
of duties and fees and the assessment of
liquidated damages will take effect on
August 8, 2005. The change announced
concerning the placement of Census
errors on the Periodic Daily Statement
will take effect on August 1, 2005.
FOR FURTHER INFORMATION CONTACT: For
questions regarding periodic monthly
statement payments: Ms. Sherri
Hoffman via email at
Sherri.hoffman@dhs.gov, and Mr.
Robert Hamilton via email at
Robert.b.hamilton@dhs.gov, or by
telephone at (317) 298–1107.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2004, the Bureau of
Customs and Border Protection (CBP)
published a General Notice in the
Federal Register (69 FR 5362)
announcing the National Customs
Automation Program (NCAP) test for
Periodic Monthly Payment Statement
Process. The test, which is part of CBP’s
Automated Commercial Environment
(ACE), benefits participants by giving
them access to operational data through
the ACE Secured Data Portal (‘‘ACE
Portal’’), which provides them the
capability to interact electronically with
CBP, and by allowing them to deposit
estimated duties and fees on a monthly
basis based on a Periodic Monthly
Statement issued by CBP.
When the test started, only importers
were eligible to apply for the test.
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Notices
Eligibility was later expanded to allow
brokers to apply if they were
specifically designated by an ACE
importer.
On September 8, 2004, CBP published
a General Notice in the Federal Register
(69 FR 54302) which invited customs
brokers, regardless of whether they were
designated by participating importers to
make Periodic Monthly Statement
payments on their behalf, to apply to
participate in the test. That notice set
forth eligibility requirements for both
importers and brokers.
On February 1, 2005, CBP published
a General Notice in the Federal Register
(70 FR 5199) announcing that applicants
seeking to establish importer or broker
accounts so as to access the ACE Portal,
or to participate in any ACE test
(including the test for Periodic Monthly
Payment Statement Process), are no
longer required to provide a statement
certifying participation in the Customs
Trade Partnership Against Terrorism
(C–TPAT).
As provided in the February 4, 2004
General Notice announcing the test,
participants in the Periodic Monthly
Statement test are required to schedule
entries for monthly payment. A Periodic
Monthly Statement will list Periodic
Daily Statements that have been
designated for monthly payment. The
Periodic Monthly Statement can be
created on a port basis by the importer
or broker, as was the case with existing
daily statements in the Automated
Commercial System (ACS) (ACE is the
successor to ACS). The Periodic
Monthly Statement can be created on a
national basis by an Automated Broker
Interface (ABI) filer. If an importer
chooses to file the Periodic Monthly
Statement on a national basis, he must
use his filer code and schedule and pay
the monthly statements. The Periodic
Monthly Statement will be routed under
existing CBP procedures. Brokers will
only view/receive information that they
have filed on an importer’s behalf. ACE
will not route a Periodic Monthly
Statement to a broker through ABI if
that statement lists information filed by
another broker.
Description of the Changes
1. Payment of Duties and Fees
Under statutory authority in place at
the time of initiation of the Periodic
Monthly Statement Process test,
estimated duties and fees were to be
paid on a monthly basis by the 15th
calendar day in the month following the
month in which the goods are either
entered or released. Under a statutory
change promulgated to section 505(a) of
the Tariff Act of 1930, as amended, (19
VerDate jul<14>2003
20:13 Aug 05, 2005
Jkt 205001
U.S.C. 1505(a)), by Section 2004 of the
Miscellaneous Trade and Technical
Corrections Act of 2004, Public Law
108–429, estimated duties and fees are
to be paid by the 15th working day in
the month following the month in
which the goods are either entered or
released. For the purposes of this test,
the term ‘‘working day’’ is synonymous
with the term ‘‘business day,’’ which is
defined at sections 101.1 and 101.6(a) of
the CBP Regulations (title 19 Code of
Federal Regulations, sections 101.1 and
101.6(a)). This notice brings the NCAP
test into compliance with the statutory
change.
2. Removal of an Entry From a Periodic
Daily Statement After Expiration of the
10-Working-Day Period After Release of
the Entry
In the February 4, 2004 General
Notice, CBP provided that if
participants remove an entry from a
Periodic Daily Statement or a
Preliminary Monthly Statement after
expiration of a 10-working-day period
after release, that entry must be paid
individually and would be
automatically subject to a claim for
liquidated damages for late payment of
estimated duties. This notice announces
that entries removed, from the Periodic
Daily Statement only, may be subject to
a claim for liquidated damages. CBP
will exercise its discretion whether to
establish a claim for liquidated damages
and will consider the timeliness of the
submission of the entry information to
CBP in making its decision. The
purpose of this change is to encourage
filers to use Periodic Monthly Statement
and to submit their entry changes as
soon as possible. This change does not
apply to the removal of an entry from
a Periodic Monthly Statement after
expiration of a 10-working-day period
after release, which will still be subject
to an automatic claim for liquidated
damages for late payment of estimated
duties.
3. Entries With Census Errors
CBP will allow all entries currently
eligible for placement on a daily
statement to be placed on a Periodic
Daily Statement, with the exception of
reconciliation entries, NAFTA duty
deferral entries, and entries requiring
the payment of excise taxes. Entries
containing Census errors, originally
disallowed for inclusion on the Periodic
Daily Statement, will now be eligible for
placement on a Periodic Daily
Statement.
Monthly Payment Procedures
Incorporating the changes regarding
the extended time for payment of duties
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
45737
and fees, and the removal of entries
from the Periodic Daily Statement after
expiration of the 10-working-day period
after release, as announced in this
notice, entries for monthly payment will
be processed as follows:
a. As entries are filed with CBP, the
importer or its designated broker
schedules them for monthly payment;
b. Those entries scheduled for
monthly payment will appear on the
Preliminary Periodic Daily Statement;
c. The Importer or its designated
broker processes entry summary
presentation transactions for Periodic
Daily Statements within 10 working
days of the date of entry (this is not
changed from the previous notice);
d. After summary information has
been filed, the scheduled entries will
appear on the Final Periodic Daily
Statement;
e. Periodic Daily Statements
scheduled for monthly payment will
appear on the Preliminary Periodic
Monthly Statement; CBP will generate
the Preliminary Periodic Monthly
Statement on the 11th working day of
the month (changed from 11th
‘‘calendar day’’) following the month in
which the merchandise is either entered
or released, whichever comes first,
unless the importer or designated broker
selects an earlier date;
f. On the 15th working day of the
month, for Automated Clearing House
(ACH) debit participants, CBP will
transmit the debit authorizations for the
periodic daily statements to the
financial institution and the periodic
monthly statement will be marked paid.
The Final Periodic Monthly Statement
will be generated by CBP and be
transmitted to the importer or his
designated broker. ACH Debit
participants must ensure that the money
amount identified on the Preliminary
Monthly Statement is, in fact, available
in their bank account by the 15th
working day of the month.
g. ACH credit participants must
initiate payment no later than the 14th
working day of the month. CBP must
receive the settlement for the credit by
the 15th working day in order to have
the periodic monthly statement marked
paid and treated as a timely payment.
The Final Periodic Monthly Statement
will be generated by CBP and be
transmitted to the importer or his
designated broker.
For both ACH Credit and ACH Debit
participants, CBP will generate the Final
Periodic Monthly Statement on the
night that payment is processed.
Participants should note that if they
voluntarily remove an entry from a
Periodic Daily Statement before
expiration of the 10-working-day period
E:\FR\FM\08AUN1.SGM
08AUN1
45738
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Notices
after release, that entry may be placed
on another Periodic Daily Statement
falling within the same 10-working-day
period. If, however, participants remove
an entry from a Periodic Daily
Statement after expiration of the 10working-day period after release, the
entry may be the subject of a claim for
liquidated damages for late payment of
estimated duties.
Suspension of Regulations
During the testing of the Periodic
Monthly Statement process, CBP is
suspending provisions in Parts 24, 141,
142, and 143 of the CBP Regulations
(Title 19 Code of Federal Regulations)
pertaining to financial, accounting,
entry procedures, and deposit of
estimated duties and fees. Absent any
specified alternate procedure, the
current regulations apply. All of the
terms of the test and criteria for
participation therein, as announced in
the previous notices identified above,
continue to be applicable unless
changed by this notice.
Dated: August 1, 2005.
Todd C. Owen,
Acting Assistant Commissioner, Office of
Field Operations.
[FR Doc. 05–15571 Filed 8–5–05; 8:45 am]
BILLING CODE 4820–02–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
U.S. Department of Homeland Security.
AGENCY:
Notice and request for
comments.
ACTION:
The Federal Emergency
Management Agency (FEMA) has
submitted the following information
collection to the Office of Management
and Budget (OMB) for review and
clearance in accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35). The submission describes
the nature of the information collection,
the categories of respondents, the
estimated burden (i.e., the time, effort
and resources used by respondents to
respond) and cost, and includes the
actual data collection instruments
FEMA will use.
SUMMARY:
VerDate jul<14>2003
20:13 Aug 05, 2005
Jkt 205001
Title: Application Form for Single Lot
or Structure Amendments to National
Flood Insurance Program Maps.
OMB Number: 1660–0037.
Abstract: Requesters complete and
Licensed Land Surveyors or
Professional Engineers certify FEMA
Form 81–92 or 81–92A to request that
FEMA remove a single structure or a
legally recorded parcel of land or
portions thereof from a designated
SFHA via a Letter of Map Amendment
(LOMA). A SFHA is an area that would
be inundated by a flood event that has
a one-percent-annual-chance of being
equaled or exceeded in any given year
(base flood). FEMA uses the information
provided in FEMA Form 81–92 or 81–
92A to make a LOMA determination. A
LOMA is a letter from FEMA stating that
an existing structure or parcel of land
that has not been elevated by fill would
not be inundated by the base flood. Fill
is defined as a material placed to raise
the ground to or above the Base Flood
Elevation (BFE).
Affected Public: Individuals or
households (property owners or
lessees); business or other for-profit
(Licensed Land Surveyors or
Professional Engineers).
Number of Respondents: 26,400.
Estimated Time per Respondent: 2.4
hours.
Estimated Total Annual Burden
Hours: 31,680.
Frequency of Response: Once at time
of request.
Comments: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs at OMB, Attention: Desk Officer
for the Department of Homeland
Security/FEMA, Docket Library, Room
10102, 725 17th Street, NW.,
Washington, DC 20503, or facsimile
number (202) 395–7285. Comments
must be submitted on or before
September 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Section Chief,
Records Management, FEMA at 500 C
Street, SW., Room 316, Washington, DC
20472, facsimile number (202) 646–
3347, or e-mail address FEMAInformation-Collections@dhs.gov.
Dated: July 28, 2005.
George S. Trotter,
Acting Branch Chief, Information Resources
Management Branch, Information
Technology Services Division.
[FR Doc. 05–15627 Filed 8–5–05; 8:45 am]
BILLING CODE 9110–12–U
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
U.S. Department of Homeland Security.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed continuing
information collections. In accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)), this
notice seeks comments concerning
temporary housing units, for disaster
victims of federally declared disasters.
SUPPLEMENTARY INFORMATION: Public
Law 93–288, as amended by Public Law
100–707, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,
Section 408, authorizes the Federal
Emergency Management Agency
(FEMA) to provide Temporary Housing
Assistance. This type of assistance
could be in the form of mobile homes,
travel trailers, or other readily fabricated
dwellings. This assistance is used when
required to provide disaster housing for
victims of federally declared disasters.
Accordingly the FEMA Form 90–1 is
designed to ensure sites for temporary
housing units that will accommodate
the home and comply with local, State,
and Federal regulations regarding the
placement of the temporary housing
unit; FEMA Form 90–31, ensures that
the landowner (if other than the
recipient of the home) will allow the
temporary housing unit to be placed on
the property; and ensure that routes on
ingress and egress to and from property
are maintained.
Collection of Information
Title: Request for Site Inspection;
Landowner’s Authorization/IngressEgress Agreement.
Type of Information Collection:
Revision of a currently approved
collection.
OMB Number: 1660–0030.
Form Numbers: FEMA Form 90–1
(Request for Site Inspection) and FEMA
Form 90–31 (Landowner’s
Authorization/Ingress Agreement).
E:\FR\FM\08AUN1.SGM
08AUN1
]]>Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45736-45738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15571]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Automated Commercial Environment (ACE): National Customs
Automation Program Test of Periodic Monthly Payment Statement Process
AGENCY: Bureau of Customs and Border Protection; Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces changes in the Bureau of Customs and
Border Protection's (CBP) National Customs Automation Program (NCAP)
test concerning periodic monthly deposit of estimated duties and fees.
A change to the time period allowed for the deposit of the duties and
fees is being made in order to comply with the provisions of section
2004 of the Miscellaneous Trade and Technical Corrections Act of 2004,
Public Law 108-429, which extended the time of deposit of those
estimated duties and fees from the 15th calendar day to the 15th
working day of the month following the month in which the goods are
either entered or released. Another change being made concerns whether
CBP will establish a claim for liquidated damages when a participant
removes an entry from a Periodic Daily Statement or a Preliminary
Monthly Statement after expiration of a 10-working-day period after
release. This document also advises that entries containing Census
errors will be eligible to be placed on a Periodic Daily Statement and
designated for monthly payment. The latter two changes are being made
in order to increase the efficiencies of the Automated Commercial
Environment (ACE) and to encourage participation in the Periodic
Monthly Statement process.
DATES: The changes announced in this notice concerning the time of
payment of duties and fees and the assessment of liquidated damages
will take effect on August 8, 2005. The change announced concerning the
placement of Census errors on the Periodic Daily Statement will take
effect on August 1, 2005.
FOR FURTHER INFORMATION CONTACT: For questions regarding periodic
monthly statement payments: Ms. Sherri Hoffman via email at
Sherri.hoffman@dhs.gov, and Mr. Robert Hamilton via email at
Robert.b.hamilton@dhs.gov, or by telephone at (317) 298-1107.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2004, the Bureau of Customs and Border Protection
(CBP) published a General Notice in the Federal Register (69 FR 5362)
announcing the National Customs Automation Program (NCAP) test for
Periodic Monthly Payment Statement Process. The test, which is part of
CBP's Automated Commercial Environment (ACE), benefits participants by
giving them access to operational data through the ACE Secured Data
Portal (``ACE Portal''), which provides them the capability to interact
electronically with CBP, and by allowing them to deposit estimated
duties and fees on a monthly basis based on a Periodic Monthly
Statement issued by CBP.
When the test started, only importers were eligible to apply for
the test.
[[Page 45737]]
Eligibility was later expanded to allow brokers to apply if they were
specifically designated by an ACE importer.
On September 8, 2004, CBP published a General Notice in the Federal
Register (69 FR 54302) which invited customs brokers, regardless of
whether they were designated by participating importers to make
Periodic Monthly Statement payments on their behalf, to apply to
participate in the test. That notice set forth eligibility requirements
for both importers and brokers.
On February 1, 2005, CBP published a General Notice in the Federal
Register (70 FR 5199) announcing that applicants seeking to establish
importer or broker accounts so as to access the ACE Portal, or to
participate in any ACE test (including the test for Periodic Monthly
Payment Statement Process), are no longer required to provide a
statement certifying participation in the Customs Trade Partnership
Against Terrorism (C-TPAT).
As provided in the February 4, 2004 General Notice announcing the
test, participants in the Periodic Monthly Statement test are required
to schedule entries for monthly payment. A Periodic Monthly Statement
will list Periodic Daily Statements that have been designated for
monthly payment. The Periodic Monthly Statement can be created on a
port basis by the importer or broker, as was the case with existing
daily statements in the Automated Commercial System (ACS) (ACE is the
successor to ACS). The Periodic Monthly Statement can be created on a
national basis by an Automated Broker Interface (ABI) filer. If an
importer chooses to file the Periodic Monthly Statement on a national
basis, he must use his filer code and schedule and pay the monthly
statements. The Periodic Monthly Statement will be routed under
existing CBP procedures. Brokers will only view/receive information
that they have filed on an importer's behalf. ACE will not route a
Periodic Monthly Statement to a broker through ABI if that statement
lists information filed by another broker.
Description of the Changes
1. Payment of Duties and Fees
Under statutory authority in place at the time of initiation of the
Periodic Monthly Statement Process test, estimated duties and fees were
to be paid on a monthly basis by the 15th calendar day in the month
following the month in which the goods are either entered or released.
Under a statutory change promulgated to section 505(a) of the Tariff
Act of 1930, as amended, (19 U.S.C. 1505(a)), by Section 2004 of the
Miscellaneous Trade and Technical Corrections Act of 2004, Public Law
108-429, estimated duties and fees are to be paid by the 15th working
day in the month following the month in which the goods are either
entered or released. For the purposes of this test, the term ``working
day'' is synonymous with the term ``business day,'' which is defined at
sections 101.1 and 101.6(a) of the CBP Regulations (title 19 Code of
Federal Regulations, sections 101.1 and 101.6(a)). This notice brings
the NCAP test into compliance with the statutory change.
2. Removal of an Entry From a Periodic Daily Statement After Expiration
of the 10-Working-Day Period After Release of the Entry
In the February 4, 2004 General Notice, CBP provided that if
participants remove an entry from a Periodic Daily Statement or a
Preliminary Monthly Statement after expiration of a 10-working-day
period after release, that entry must be paid individually and would be
automatically subject to a claim for liquidated damages for late
payment of estimated duties. This notice announces that entries
removed, from the Periodic Daily Statement only, may be subject to a
claim for liquidated damages. CBP will exercise its discretion whether
to establish a claim for liquidated damages and will consider the
timeliness of the submission of the entry information to CBP in making
its decision. The purpose of this change is to encourage filers to use
Periodic Monthly Statement and to submit their entry changes as soon as
possible. This change does not apply to the removal of an entry from a
Periodic Monthly Statement after expiration of a 10-working-day period
after release, which will still be subject to an automatic claim for
liquidated damages for late payment of estimated duties.
3. Entries With Census Errors
CBP will allow all entries currently eligible for placement on a
daily statement to be placed on a Periodic Daily Statement, with the
exception of reconciliation entries, NAFTA duty deferral entries, and
entries requiring the payment of excise taxes. Entries containing
Census errors, originally disallowed for inclusion on the Periodic
Daily Statement, will now be eligible for placement on a Periodic Daily
Statement.
Monthly Payment Procedures
Incorporating the changes regarding the extended time for payment
of duties and fees, and the removal of entries from the Periodic Daily
Statement after expiration of the 10-working-day period after release,
as announced in this notice, entries for monthly payment will be
processed as follows:
a. As entries are filed with CBP, the importer or its designated
broker schedules them for monthly payment;
b. Those entries scheduled for monthly payment will appear on the
Preliminary Periodic Daily Statement;
c. The Importer or its designated broker processes entry summary
presentation transactions for Periodic Daily Statements within 10
working days of the date of entry (this is not changed from the
previous notice);
d. After summary information has been filed, the scheduled entries
will appear on the Final Periodic Daily Statement;
e. Periodic Daily Statements scheduled for monthly payment will
appear on the Preliminary Periodic Monthly Statement; CBP will generate
the Preliminary Periodic Monthly Statement on the 11th working day of
the month (changed from 11th ``calendar day'') following the month in
which the merchandise is either entered or released, whichever comes
first, unless the importer or designated broker selects an earlier
date;
f. On the 15th working day of the month, for Automated Clearing
House (ACH) debit participants, CBP will transmit the debit
authorizations for the periodic daily statements to the financial
institution and the periodic monthly statement will be marked paid. The
Final Periodic Monthly Statement will be generated by CBP and be
transmitted to the importer or his designated broker. ACH Debit
participants must ensure that the money amount identified on the
Preliminary Monthly Statement is, in fact, available in their bank
account by the 15th working day of the month.
g. ACH credit participants must initiate payment no later than the
14th working day of the month. CBP must receive the settlement for the
credit by the 15th working day in order to have the periodic monthly
statement marked paid and treated as a timely payment. The Final
Periodic Monthly Statement will be generated by CBP and be transmitted
to the importer or his designated broker.
For both ACH Credit and ACH Debit participants, CBP will generate
the Final Periodic Monthly Statement on the night that payment is
processed.
Participants should note that if they voluntarily remove an entry
from a Periodic Daily Statement before expiration of the 10-working-day
period
[[Page 45738]]
after release, that entry may be placed on another Periodic Daily
Statement falling within the same 10-working-day period. If, however,
participants remove an entry from a Periodic Daily Statement after
expiration of the 10-working-day period after release, the entry may be
the subject of a claim for liquidated damages for late payment of
estimated duties.
Suspension of Regulations
During the testing of the Periodic Monthly Statement process, CBP
is suspending provisions in Parts 24, 141, 142, and 143 of the CBP
Regulations (Title 19 Code of Federal Regulations) pertaining to
financial, accounting, entry procedures, and deposit of estimated
duties and fees. Absent any specified alternate procedure, the current
regulations apply. All of the terms of the test and criteria for
participation therein, as announced in the previous notices identified
above, continue to be applicable unless changed by this notice.
Dated: August 1, 2005.
Todd C. Owen,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-15571 Filed 8-5-05; 8:45 am]
BILLING CODE 4820-02-P
