Permissible Sharing of Client Records by Customs Brokers, 17367 [2012-7223]
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules
sufficient to enable CBP to identify the
article.
(d) Conditional release. In lieu of
immediate refusal of admission into the
customs territory of the United States,
CBP, upon a recommendation from the
DOE or FTC, may permit the release of
a noncompliant covered import to the
importer of record for purposes of
reconditioning, re-labeling, or other
modification. The release from CBP
custody of any such covered import will
be deemed conditional and subject to
the bond conditions set forth in § 113.62
of this Chapter. Note: Conditionally
released covered imports will also be
subject to the jurisdiction of DOE and/
or FTC.
(1) Duration. Unless extended in
accordance with paragraph (d)(2) of this
section, the conditional release period
will terminate upon the earliest
occurring of the following events:
(i) The date that CBP issues a notice
of refusal of admission pursuant to
paragraph (c) of this section;
(ii) The date that the DOE or FTC
issues a notice to CBP stating that the
covered import is in compliance and
may proceed; or
(iii) At the conclusion of the 30-day
period following the date of release.
(2) Extension. The conditional release
period may be extended if both CBP and
the importer of record receive, within
the initial 30-day conditional release
period or any subsequent authorized
extension thereof, a written or electronic
notice from the DOE or FTC stating the
reason for and anticipated length of the
extension.
(3) Issuance of a redelivery notice and
demand for redelivery. If the
noncompliant covered import is not
timely brought into compliance, and if
so directed by DOE or FTC, CBP will
issue a refusal of admission notice to the
importer pursuant to paragraph (c) of
this section and, in addition, CBP will
demand the redelivery of the specified
covered product to CBP custody. The
demand for redelivery may be made
concurrently with the notice of refusal
of admission.
(4) Liquidated damages. A failure to
comply with a demand for redelivery
made under this paragraph (d) will
result in the assessment of liquidated
damages equal to three times the value
of the covered product. Value as used in
this provision means value as
determined under 19 U.S.C. 1401a.
VerDate Mar<15>2010
16:40 Mar 23, 2012
Jkt 226001
Approved: March 20, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012–7105 Filed 3–23–12; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 111
[USCBP–2010–0038]
RIN 1651–AA80
Permissible Sharing of Client Records
by Customs Brokers
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Withdrawal of notice of
proposed rulemaking.
AGENCY:
This document withdraws a
notice of proposed rulemaking,
published in the Federal Register on
October 27, 2010, that proposed
amendments to the Customs and Border
Protection (CBP) regulations that would
allow brokers, upon the client’s consent
in a written authorization, to share
client information with affiliated
entities related to the broker so that
these entities may offer non-customs
business services to the broker’s clients.
Although the proposed rule was
prepared in response to a request from
a member of the broker community
seeking to allow brokers to share clients’
information for marketing purposes,
there was opposition to the proposal
from brokers due to the condition on
sharing the information that CBP
included in the document to protect
importers’ proprietary information. The
notice is being withdrawn to permit
further consideration of the relevant
issues involved in the proposed
rulemaking.
SUMMARY:
Effective March 26, 2012, the
proposed rule published October 27,
2010, (75 FR 66050), is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Anita Harris, Chief, Broker Compliance
Branch, Trade Policy and Programs,
Office of International Trade, (202) 863–
6069.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On October 27, 2010, Customs and
Border Protection (CBP) published a
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
17367
notice of proposed rulemaking in the
Federal Register (75 FR 66050)
pertaining to the obligations of customs
brokers to keep clients’ information
confidential. The proposed amendment
would allow brokers, upon the client’s
written consent, to share client
information with affiliated entities
related to the broker so that these
entities may offer non-customs business
services to the broker’s clients. The
proposed amendment would also allow
customs brokers to use a third-party to
perform photocopying, scanning, and
delivery of client records for the broker.
These proposed changes were intended
to update the regulations to reflect
modern business practices, while
protecting the confidentiality of client
(importer) information. The comment
period ended on December 27, 2010.
CBP received public comment on the
proposed rulemaking. The majority of
commenters expressed concern that the
proposed rule did not serve the interests
of the importing public. Specifically,
there was opposition to the proposal
from brokers due to the condition on
sharing the information that CBP
included in the document to protect
importers’ proprietary information.
Withdrawal of Notice of Proposed
Rulemaking
CBP is withdrawing the notice
published in the Federal Register (75
FR 66050) on October 27, 2010, pending
further consideration of the relevant
issues involved in the proposed
rulemaking.
Dated: March 21, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2012–7223 Filed 3–23–12; 8:45 am]
BILLING CODE 9111–14–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2009–0919; A–1–FRL–
9651–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing approval of
a revision to the Connecticut State
Implementation Plan (SIP) that
addresses regional haze for the first
planning period from 2008 through
SUMMARY:
E:\FR\FM\26MRP1.SGM
26MRP1
]]>Agencies
[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Proposed Rules]
[Page 17367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7223]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 111
[USCBP-2010-0038]
RIN 1651-AA80
Permissible Sharing of Client Records by Customs Brokers
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Withdrawal of notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document withdraws a notice of proposed rulemaking,
published in the Federal Register on October 27, 2010, that proposed
amendments to the Customs and Border Protection (CBP) regulations that
would allow brokers, upon the client's consent in a written
authorization, to share client information with affiliated entities
related to the broker so that these entities may offer non-customs
business services to the broker's clients. Although the proposed rule
was prepared in response to a request from a member of the broker
community seeking to allow brokers to share clients' information for
marketing purposes, there was opposition to the proposal from brokers
due to the condition on sharing the information that CBP included in
the document to protect importers' proprietary information. The notice
is being withdrawn to permit further consideration of the relevant
issues involved in the proposed rulemaking.
DATES: Effective March 26, 2012, the proposed rule published October
27, 2010, (75 FR 66050), is withdrawn.
FOR FURTHER INFORMATION CONTACT: Anita Harris, Chief, Broker Compliance
Branch, Trade Policy and Programs, Office of International Trade, (202)
863-6069.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2010, Customs and Border Protection (CBP) published
a notice of proposed rulemaking in the Federal Register (75 FR 66050)
pertaining to the obligations of customs brokers to keep clients'
information confidential. The proposed amendment would allow brokers,
upon the client's written consent, to share client information with
affiliated entities related to the broker so that these entities may
offer non-customs business services to the broker's clients. The
proposed amendment would also allow customs brokers to use a third-
party to perform photocopying, scanning, and delivery of client records
for the broker. These proposed changes were intended to update the
regulations to reflect modern business practices, while protecting the
confidentiality of client (importer) information. The comment period
ended on December 27, 2010.
CBP received public comment on the proposed rulemaking. The
majority of commenters expressed concern that the proposed rule did not
serve the interests of the importing public. Specifically, there was
opposition to the proposal from brokers due to the condition on sharing
the information that CBP included in the document to protect importers'
proprietary information.
Withdrawal of Notice of Proposed Rulemaking
CBP is withdrawing the notice published in the Federal Register (75
FR 66050) on October 27, 2010, pending further consideration of the
relevant issues involved in the proposed rulemaking.
Dated: March 21, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-7223 Filed 3-23-12; 8:45 am]
BILLING CODE 9111-14-P
