Modification and Extension of the Post-Entry Amendment Processing Test, 46654 [E7-16415]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Page 46654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16415]



[[Page 46654]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification and Extension of the Post-Entry Amendment Processing 
Test

AGENCY: Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: This document announces a modification of U.S. Customs and 
Border Protection's (CBP) Post-Entry Amendment Processing test. The 
test allows the amendment of entry summaries prior to liquidation. The 
modification to the test requires the filer of a post-entry amendment 
to submit an individual amendment letter no later than 20 days prior to 
the scheduled liquidation date for the subject entry summary. This 
document also sets forth that CBP is terminating the supplemental 
information letter policy so that the post-entry amendment procedure 
will be the only procedure for submitting post summary adjustments on 
entry summaries prior to liquidation. Except for the modification set 
forth in this document, the test procedure is the same as that set 
forth in previously published Federal Register notices. The document 
also announces that the test is being extended for another year.

DATES: The Post-Entry Amendment Processing test modification set forth 
in this document is effective on September 20, 2007. The test is 
extended for a one-year period commencing on August 21, 2007. CBP will 
discontinue accepting Supplementary Information Letters on September 
20, 2007.

ADDRESSES: Written comments regarding this notice, should be addressed 
to U.S. Customs and Border Protection, Entry and Drawback Management 
Branch, Office of International Trade, ATTN: Post-Entry Amendment, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Questions pertaining to any aspect of 
this notice should be directed to Jennifer Dolan, U.S. Customs and 
Border Protection, Entry and Drawback Management Branch, Office of 
International Trade, at (202) 344-2568 or via e-mail at 
Jennifer.Dolan@dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Customs Service (Customs; now U.S. Customs and Border 
Protection or CBP) announced and described the Post-Entry Amendment 
Processing test (the test or PEA test) in a general notice document 
published in the Federal Register (65 FR 70872) on November 28, 2000. 
The notice announced that the test would commence no earlier than 
December 28, 2000, and run approximately one year. The test was 
extended on three subsequent occasions by publication of notice in the 
Federal Register as follows: to December 21, 2002 (67 FR 768; January 
7, 2002); to December 31, 2003 (68 FR 8329; February 20, 2003); and to 
December 31, 2004 (69 FR 5860; February 6, 2004).
    The PEA test procedure, authorized under section 101.9(a) of the 
CBP regulations (19 CFR 101.9(a)), allows importers to amend entry 
summaries (not informal entries) prior to liquidation by filing with 
CBP either an individual amendment letter upon discovery of certain 
kinds of errors or a quarterly tracking report covering certain other 
errors that occurred during the quarter. The November 28, 2000, and the 
February 6, 2004, Federal Register notices describe in full detail the 
PEA test procedure, including an explanation of the kinds of errors 
mentioned above. Also, an explanation of the procedure is available at 
www.cbp.gov (under the following links: ``Import'' and ``Cargo 
Summary'').

Modification

    Under the PEA test, an individual amendment letter (also known as a 
single PEA) must be filed by the importer (or its broker) upon 
discovery of: (1) A revenue related error in an entry summary where the 
error results in either an overpayment or underpayment of duties, 
taxes, and/or fees in the amount of $20 or more; (2) any error in an 
entry summary relating to antidumping or countervailing duties; and (3) 
any non-revenue related statistical information errors in an entry 
summary that must be reported to the U.S. Census Bureau. Prior to 
publication of this document, individual amendment letters were 
required to be filed promptly after discovery of the error(s) and prior 
to liquidation of the one or more entry summaries covered in the 
letter.
    Effective upon publication of this document in the Federal 
Register, an importer or broker filing a single PEA must submit the PEA 
at least 20 days prior to the scheduled liquidation date of each entry 
summary covered in the letter. This 20-day period will provide CBP 
sufficient time to review all entry summaries covered in a single PEA 
prior to the scheduled liquidation date. Liquidation of single PEAs 
(i.e., of the entry summaries covered) under the test is a manual 
function and past performance has shown that more time is needed to 
process these amendment requests effectively. Single PEAs submitted 
untimely will be rejected and returned to the filer. In those instances 
where the single PEAs are submitted timely but the entry summaries are 
not unset or processed by the scheduled liquidation date and 
liquidation occurs without benefit of the requested amendment, CBP will 
treat them as protests under 19 U.S.C. 1514 or, if appropriate in the 
circumstances, as evidence warranting reliquidation under 19 U.S.C. 
1501.
    Other than this modification, the test procedure remains as set 
forth in previously published notices.

Extension

    This notice announces a further extension of the PEA test for a 
period of one year, such period to commence on the date this document 
is published in the Federal Register.

Discontinuation of the SIL Policy

    Finally, as of the effective date of this notice, the PEA test will 
be the only procedure in place for post summary adjustments prior to 
liquidation, and the SIL procedure (see Administrative Message 97-0727, 
August 3, 1997) will be discontinued. CBP will issue an administrative 
message regarding this change soon after publication of this notice.

    Dated: August 15, 2007.
 Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
 [FR Doc. E7-16415 Filed 8-20-07; 8:45 am]
BILLING CODE 9111-14-P