Establishment of Due Process Procedures on License-Like Processes, 12998-13002 [2013-04320]

Agencies

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

[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 12998-13002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04320]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 142 and 143

[USCBP-2013-0009]
RIN 1515-AD96


Establishment of Due Process Procedures on License-Like Processes

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the U.S. Customs and Border 
Protection (CBP) regulations to set forth due process procedures for 
CBP to follow before suspending or revoking assigned entry filer codes, 
immediate delivery privileges or remote location filing privileges. 
These proposed changes will codify in the regulations due process 
procedures consistent with the Administrative Procedure Act before CBP 
takes actions on these programs depriving an importer of these 
privileges.

DATES: Comments must be received on or before April 29, 2013.

ADDRESSES: You may submit comments, identified by USCBP docket number, 
by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2013-0009.
     Mail: Trade and Commercial Regulations Branch, Regulations 
and Rulings, Office of International Trade, U.S. Customs and Border 
Protection, 90 K Street NE. (10th Floor), Washington, DC 20229-1177.
    Instructions: All submissions received must include the agency name 
and USCBP docket number for this rulemaking. All comments received will 
be posted without change to https://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov. Submitted comments 
may also be inspected during regular business days between the hours of 
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, 
Regulations and Rulings, Office of International Trade, Customs and 
Border Protection, 90 K St. NE., 10th Floor, Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: For operational questions, Laurie 
Dempsey, Trade Policy and Programs, Office of International Trade, Tel. 
(202) 863-6509. For legal questions, Blake Harden, Trade and Finance, 
Office of Chief Counsel, Tel. (202) 344-2972.

SUPPLEMENTARY INFORMATION: 

Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of the 
proposed rule. U.S. Customs and Border Protection (CBP) also invites 
comments that relate to the economic, environmental, or federalism 
effects that might result from this proposed rule. If appropriate to a 
specific comment, the commenter should reference the specific portion 
of the proposed rule, explain the reason for any recommended change, 
and include data, information, or authority that support such 
recommended change.

Background

    When an agency acts to deprive a person of a property interest, the 
Constitution of the United States requires procedures that 
appropriately

[[Page 12999]]

balance three factors: the private interest affected by government 
action; the risk of erroneous deprivation of such interest; and, the 
government's interest, including the function involved and the burdens 
the government would face in providing greater process. Mathews v. 
Eldridge, 424 U.S. 319, 335 (1976). An individual's expectation of 
continued eligibility in a federal program is a ``property interest'' 
under the Due Process Clause. Mathews v. Eldridge. at 332. See also 
Goldberg v. Kelly, 397 U.S. 254 (1970). In the matter of Lizarraga 
Customs Broker v. Bureau of Customs and Border Protection, No. 08-
00400, slip op. 10-113 (Ct. Int'l Trade Oct. 4, 2010) (``Lizarraga''), 
CBP suspended a broker's assigned entry-filer code without providing 
notice of the proposed action. Lizarraga, at 5. CBP acknowledged that 
brokers are entitled to the procedural protections of the 
Administrative Procedure Act (APA) if their entry filer code is 
deactivated. Lizarraga, at 16. As such, CBP has reviewed its current 
regulations in title 19 of the Code of Federal Regulations (19 CFR) 
which affords license-like programs and has determined that its 
regulations should be amended to provide due process procedures 
required by the APA if an importer's or broker's assigned entry filer 
code is proposed to be suspended or revoked.
    The APA (Section 558 of title 5 of the United States Code) 
provides, in relevant part, that except in cases of willfulness or 
those in which public health, interest, or safety requires otherwise, 
the withdrawal, suspension, revocation, or annulment of a license is 
lawful only if, before the institution of agency proceedings, the 
licensee has been given--(1) Notice by the agency in writing of the 
facts or conduct which may warrant the action; and (2) opportunity to 
demonstrate or achieve compliance with all lawful requirements. 5 
U.S.C. 558(c).
    Since participation in CBP programs involving entry filer codes, 
immediate delivery, and remote location filing all require the 
satisfaction of certain eligibility requirements, they are akin to 
licenses for the purpose of the APA. To comply with the due process 
requirements, CBP proposes to amend 19 CFR parts 142 and 143 by adding 
notice requirements and appeal procedures for the suspension or 
revocation of an assigned entry filer code and for the discontinuance 
of immediate delivery and remote location filing procedures before CBP 
takes action on these programs depriving an importer or broker of these 
privileges.

Entry Filer Code

    An entry filer code is a unique three character (alphabetic, 
numeric, or alpha numeric) number assigned by CBP to all licensed 
brokers filing CBP consumption entries and all importers filing CBP 
entries through the Automated Broker Interface (ABI) system. See 19 CFR 
142.3a(b)(1) and 143.2(f). This assigned three digit code comprises the 
beginning three characters of the entry number that a broker or 
importer files for all of its CBP entries into the CBP database.
    In order to file electronically, an importer or broker must have an 
active entry filer code and be approved to use the ABI system. The ABI 
is a module of CBP's automated systems that permits qualified 
participants to electronically file required import data with CBP. See 
19 CFR 143.1.
    Current CBP regulations provide that the Assistant Commissioner, 
Office of International Trade, or his designee may refuse to allow use 
of an assigned entry filer code if it is misused by the importer or 
broker. See 19 CFR 142.3a(d).
    In this document, CBP is proposing to amend the CBP regulations by 
limiting its ability to invalidate an entry filer code in order to 
provide due process protections to approved ABI entry filers with 
regard to the suspension or revocation of entry filer codes. More 
specifically, this document proposes to revise Sec.  142.3a(d) of title 
19 of the CFR to provide notice requirements and appeal procedures for 
suspending or revoking an entry filer code.
    CBP proposes to add new subsection (1) to paragraph (d) in Sec.  
142.3a to provide that, in the event a port director finds that an 
assigned entry filer code has been misused by the importer or broker, 
CBP will provide the importer or broker with written notice proposing 
the suspension or revocation of the entry filer code, including a 
description of the facts or conduct warranting the action. The importer 
or broker will have the opportunity to appeal the port director's 
decision in writing within 10 calendar days of receiving the written 
notice. Within 30 working days after receiving a timely filed appeal, 
the Assistant Commissioner, Office of International Trade, or his 
designee, will issue a decision in writing on the proposed action. If 
the importer or broker does not timely appeal the written notice, the 
notice proposing the suspension or revocation of the entry filer code 
becomes CBP's final decision as of the date that the appeal period 
expires. This section provides that the importer or broker may continue 
to use the entry filer code during the appeal period and that the entry 
filer code will not be suspended or revoked unless the appeal process 
has been concluded with a decision adverse to the importer or broker.
    CBP also proposes to add Sec.  142.3a(d)(2) to title 19 of the CFR 
to allow the port director to immediately suspend an entry filer code 
upon written notice to the importer or broker in the case of 
willfulness or in those cases in which public health, interest, or 
safety so requires. The written notice provided to the importer or 
broker will contain a description of the facts or conduct warranting 
the immediate action. The importer or broker will be offered the 
opportunity to appeal the port director's decision within 10 calendar 
days of receiving the written notice providing for immediate 
discontinuance. Within 15 working days after receiving a timely filed 
appeal from the importer or broker, the Assistant Commissioner, Office 
of International Trade, or his designee, will issue a decision in 
writing on the discontinuance. If no timely appeal is received, the 
notice becomes the final decision of CBP as of the date that the appeal 
period expires. This section provides that the entry filer code remains 
suspended or revoked unless the appeal is resolved in favor of the 
importer or broker.
    CBP also proposes to amend the procedures for discontinuing 
immediate delivery and remote location filing privileges.

Immediate Delivery

    Section 448(b) of the Tariff Act of 1930, as amended, authorizes 
the Secretary of the Treasury to promulgate regulations allowing the 
issuance of special permits for delivery, prior to formal entry, of 
perishable articles and other articles for which immediate delivery is 
necessary. 19 U.S.C. 1448(b).
    Accordingly, under certain circumstances merchandise may be 
released under a special permit for immediate delivery. See 19 CFR 
142.21. In most respects, the procedures for immediate delivery are 
similar to filing an entry. The same CBP Form 3461 is used as the 
release document; however, the filer will designate the CBP Form 3461 
as a special permit instead of as an entry. A CBP Form 7501 entry/entry 
summary with estimated duties attached must generally be filed within 
10 working days of release. Immediate delivery is allowed, at the 
discretion of the port director, in the following circumstances: land 
shipments from Canada and Mexico; shipments of fresh fruits and 
vegetables from Canada and

[[Page 13000]]

Mexico, which are transported to the importer's warehouse at the port 
of arrival for examination, resulting in entry being made only on those 
portions with commercial value; shipments of certain quota class 
merchandise; shipments of articles for a trade fair; U.S. government 
shipments; split shipments for which an election for incremental 
release has been made; and other shipments when authorized by CBP 
Headquarters.
    Currently, the port director has the authority to discontinue 
immediate delivery privileges under certain circumstances. See 19 CFR 
142.25. In this document, CBP proposes to amend 19 CFR 142.25 to 
provide due process protections to the importing public with regard to 
the discontinuance of immediate delivery privileges.
    Specifically, CBP proposes to add Sec.  142.25(c)(1) to title 19 of 
the CFR to require CBP to provide the importer with written notice 
proposing the discontinuation of the immediate delivery privileges, 
including a description of the facts or conduct warranting the action. 
The importer will have the opportunity to appeal the port director's 
decision in writing within 10 calendar days of receiving the written 
notice. Within 30 working days after receiving a timely filed appeal 
from the importer, the Assistant Commissioner, Office of International 
Trade, or his designee, will issue a decision in writing on the 
proposed action. If the importer does not timely appeal the written 
notice, the notice proposing the discontinuation of the immediate 
delivery privilege becomes the final decision of CBP as of the date 
that the appeal period expires. This section provides that in the case 
of a proposed discontinuance, the importer may continue to use 
immediate delivery during the appeal period and immediate delivery 
privileges will not be discontinued unless the appeal process has been 
concluded with a decision adverse to the importer or broker.
    CBP also proposes to add Sec.  142.25(c)(2) to title 19 of the CFR 
to allow the port director to immediately discontinue immediate 
delivery privileges upon written notice to the importer in the case of 
willfulness or those in which public health, interest, or safety so 
requires. The written notice provided to the importer will contain a 
description of the facts or conduct warranting the immediate action. 
The importer will be offered the opportunity to appeal the port 
director's decision within 10 calendar days of receiving the written 
notice providing for immediate discontinuance. Within 15 working days 
after receiving a timely filed appeal from the importer, the Assistant 
Commissioner, Office of International Trade, or his designee, will 
issue a decision in writing on the discontinuance. If no timely appeal 
is received, the notice becomes the final decision of CBP as of the 
date that the appeal period expires. This section provides that in the 
case of an immediate discontinuance, immediate delivery privileges 
remain discontinued unless the appeal is resolved in favor of the 
importer or broker.

Remote Location Filing

    Remote location filing is an elective method of making entry by 
which a customs broker with a national permit electronically transmits 
all data associated with an entry that CBP can process in a completely 
electronic data interchange, filed from a location other than where the 
goods are being entered. See 19 CFR 143.42(a). Importers filing on 
their own behalf may file electronically in any port, subject to ABI 
filing requirements. See 19 CFR 143.42(a). A remote filing is accepted 
at CBP locations within the customs territory of the United States that 
are staffed with CBP personnel who have been trained in remote location 
filing procedures and who have operational experience with the 
Electronic Invoice Program (EIP). See 19 CFR 143.42(b).
    Section 1414(a)(2) of title 19 of the U.S. Code sets forth the 
requirements for a program participant to file from a remote location. 
Program participant is defined as any party entitled to enter 
merchandise under 19 U.S.C. 1484(a)(2)(B). See 19 U.S.C. 1414(d)(2). 
The eligibility criteria for remote location filing are further 
described at 19 CFR 143.43. To be eligible for remote location filing, 
an importer of record or licensed customs broker must be: (1) 
Operational on the ABI; (2) operational on the EIP prior to applying 
for remote location filing; and (3) operational on the Automated 
Clearinghouse (ACH) (or any other CBP-approved method of electronic 
payment), for purposes of directing the electronic payment of duties, 
taxes and fees, 30 days before transmitting a remote location filing 
entry. See 19 CFR 143.43(a). In addition, a licensed customs broker 
must hold a valid national permit. See 19 CFR 143.43(b); see also 19 
CFR 111.19(f). Finally, a remote location filing entry must be secured 
with a continuous bond. See 19 CFR 143.43(c).
    Currently, so long as a remote location filer meets all of the 
compliance requirements and operational standards for remote location 
filing and adheres to all applicable laws and regulations, it qualifies 
for filing from a remote location. See 19 U.S.C. 1414(a)(3). In this 
document, CBP proposes to amend 19 CFR Part 143 to provide the criteria 
under which a port director will discontinue remote location filing 
privileges. CBP also proposes to amend the regulations to provide due 
process protections to the importing public with regard to the 
discontinuation of remote location filing privileges.
    Specifically, this document proposes to amend subpart E of Part 143 
of 19 CFR by adding a new Sec.  143.46, entitled Discontinuance of RLF 
privileges. CBP proposes to add Sec.  143.46(a) to 19 CFR to allow CBP 
to discontinue remote location filing privileges if the filer no longer 
meets the eligibility criteria set forth in 19 CFR 143.43, or fails to 
file all additional information required by CBP pursuant to 19 CFR 
143.45. Two additional proposed paragraphs will provide procedures for 
the discontinuance of remote location filing privileges.
    CBP proposes to add Sec.  143.46(b)(1) to 19 CFR to require CBP to 
provide the remote location filer with written notice proposing the 
discontinuance of the remote location filing privileges, including a 
description of the facts or conduct warranting the action. The remote 
location filer will have the opportunity to appeal the port director's 
decision in writing within 10 calendar days of receiving the written 
notice. Within 30 working days after receiving a timely filed appeal 
from the remote location filer, the Assistant Commissioner, Office of 
International Trade, or his designee, will issue a decision in writing 
on the proposed action. If an appeal is not timely received, the notice 
proposing the discontinuance of the remote location filing privilege 
becomes the final decision of CBP as of the date that the appeal period 
expires. This section provides that in the case of a proposed 
discontinuance, the remote location filer may continue to file remotely 
during the appeal period and remote location filing privileges will not 
be discontinued unless the appeal process has been concluded with a 
decision adverse to the filer.
    CBP also proposes to add Sec.  143.46(b)(2) to 19 CFR to allow the 
port director to immediately discontinue remote location filing 
privileges upon written notice to the remote location filer in the case 
of willfulness or those in which public health, interest, or safety so 
requires. The written notice provided to the remote location filer will 
contain a description of the facts or conduct warranting the immediate 
action. The remote location filer will be offered the

[[Page 13001]]

opportunity to appeal the port director's decision within 10 calendar 
days of receiving the written notice providing for immediate 
discontinuance. Within 15 working days after receiving a timely filed 
appeal from the remote location filer, the Assistant Commissioner, 
Office of International Trade, or his designee, will issue a decision 
in writing on the discontinuance. If no timely appeal is received, the 
notice becomes the final decision of CBP as of the date that the appeal 
period expires. This section provides that in the case of an immediate 
discontinuance, remote location filing privileges remain discontinued 
unless the appeal is resolved in favor of the remote location filer.

Executive Order 12866

    This rule is not a significant regulatory action under Executive 
Order 12866, as supplemented by Executive Order 13563, and has not been 
reviewed by the Office of Management and Budget (OMB) under that order.

Regulatory Flexibility Act

    This section examines the impact of the rule on small entities as 
required by the Regulatory Flexibility Act (5 U.S.C. 603), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996. 
A small entity may be a small business (defined as any independently 
owned and operated business not dominant in its field that qualifies as 
a small business per the Small Business Act); a small not-for-profit 
organization; or a small governmental jurisdiction (locality with fewer 
than 50,000 people).
    As stated above, CBP exercises its authority to suspend or revoke 
entry filer codes, immediate delivery privileges, or remote location 
filing privileges fewer than ten times a year for each type of 
authority. It is unknown how many of the affected parties, primarily 
customs brokers, are small businesses, but the number will be very 
small. In addition, the impact to these parties is expected to be low 
(cost to prepare and submit the appeal to CBP) and beneficial 
(establishment of due process). CBP will certify, therefore, that this 
rule will not have a significant impact on a substantial number of 
small entities if it does not receive any comments to the contrary.

Paperwork Reduction Act

    As the collection of information proposed in this document applies 
to fewer than ten respondents annually, the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507) do not apply.

Signing Authority

    This proposed regulation is being issued in accordance with 19 CFR 
0.1(a)(1) pertaining to the Secretary of the Treasury's authority (or 
that of his delegate) to approve regulations related to certain customs 
revenue functions.

List of Subjects

19 CFR Part 142

    Canada, Customs duties and inspection, Mexico, Reporting and 
recordkeeping requirements.

19 CFR Part 143

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

Proposed Amendments to the CBP Regulations

    For the reasons set forth in the preamble, parts 142 and 143 of 
title 19 of the CFR (19 CFR parts 142 and 143) are proposed to be 
amended as set forth below.

PART 142--ENTRY PROCESS

0
1. The authority citation for part 142 continues to read as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.

0
2. Section 142.3a is amended by revising paragraph (d) to read as 
follows:


Sec.  142.3a.  Entry numbers.

* * * * *
    (d) Suspension or revocation of the entry filer code.
    (1) Proposed suspension or revocation. If the port director finds 
that an assigned entry filer code has been misused by the importer or 
broker, the importer or broker will be provided with written notice 
proposing the suspension or revocation of the entry filer code along 
with a description of the facts or conduct warranting the action. Any 
notice to suspend or revoke a filer code will also specify that 
participation in Remote Location Filing would also be suspended or 
revoked pursuant to Sec.  143.46. The importer or broker will be 
offered the opportunity to appeal the port director's decision in 
writing within 10 calendar days of receipt of the written notice. The 
Assistant Commissioner, Office of International Trade, or his designee, 
will issue a decision in writing on the proposed action within 30 
working days after receiving a timely filed appeal. If no timely appeal 
is received, the proposed notice becomes the final decision of the 
Agency as of the date that the appeal period expires. A proposed 
suspension or revocation of an importer's or broker's entry filer code 
will not take effect unless the appeal process under this paragraph has 
been concluded with a decision adverse to the importer or broker.
    (2) Immediate suspension or revocation. In the case of willfulness 
or those in which public health, interest, or safety so requires, the 
port director may immediately suspend or revoke an entry filer code 
upon written notice to the importer or broker. The notice will contain 
a description of the facts or conduct warranting the immediate action. 
The importer or broker will be offered the opportunity to appeal the 
port director's decision within 10 calendar days of receipt of the 
written notice providing for immediate suspension or revocation. The 
immediate suspension or revocation will remain in effect during the 
appeal period. The Assistant Commissioner, Office of International 
Trade, or his designee, will issue a decision in writing on the 
suspension or revocation within 15 working days after receiving a 
timely filed appeal from the importer or broker. If no timely appeal is 
received, the notice becomes the final decision of the Agency as of the 
date that the appeal period expires.
* * * * *
0
3. Section 142.25 is amended by adding a new paragraph (c) to read as 
follows:


Sec.  142.25.  Discontinuance of immediate delivery privileges.

* * * * *
    (c) Procedures for discontinuance of immediate delivery privileges.
    (1) Proposed discontinuance. If the port director finds that there 
is a basis for the discontinuance of immediate delivery privileges, the 
importer will be provided with written notice proposing the 
discontinuance with a description of the facts or conduct warranting 
the action. The importer will be offered the opportunity to appeal the 
port director's decision in writing within 10 calendar days of receipt 
of the written notice. The Assistant Commissioner, Office of 
International Trade, or his designee, will issue a decision in writing 
on the proposed action within 30 working days after receiving a timely 
filed appeal from the importer. If no timely appeal is received, the 
proposed notice becomes the final decision of the Agency as of the date 
that the appeal period expires. A proposed discontinuance of an 
importer's immediate delivery privileges will not take effect unless 
the appeal process under this paragraph has been concluded with a 
decision adverse to the importer.

[[Page 13002]]

    (2) Immediate discontinuance. In the case of willfulness or those 
in which public health, interest, or safety so requires, the port 
director may immediately discontinue immediate delivery privileges upon 
written notice to the importer. The notice will contain a description 
of the facts or conduct warranting the immediate action. The importer 
will be offered the opportunity to appeal the port director's decision 
within 10 calendar days of receipt of the written notice providing for 
immediate discontinuance. The immediate discontinuance will remain in 
effect during the appeal period. The Assistant Commissioner, Office of 
International Trade, or his designee, will issue a decision in writing 
on the discontinuance within 15 working days after receiving a timely 
filed appeal from the importer. If no timely appeal is received, the 
notice becomes the final decision of the Agency as of the date that the 
appeal period expires.

PART 143--SPECIAL ENTRY PROCEDURES

0
4. The authority citation for part 143 continues to read as follows:

    Authority:  19 U.S.C. 66, 1414, 1481, 1484, 1498, 1624, 1641.

0
5. Add new Sec.  143.46 to read as follows:


Sec.  143.46.  Discontinuance of RLF privileges.

    (a) Authority of the port director. The port director will 
discontinue RLF privileges if the RLF filer:
    (1) No longer meets the eligibility criteria set forth in Sec.  
143.43,
    (2) Fails to file all additional information required by CBP 
pursuant to Sec.  143.45; or
    (3) Fails to adhere to all applicable laws and regulations.
    (b) Procedures for discontinuance of RLF privileges.
    (1) Proposed discontinuance. If the port director finds that there 
is a basis for the discontinuance of RLF privileges, the RLF filer will 
be provided with written notice proposing the discontinuance with a 
description of the facts or conduct warranting the action. The notice 
will also specify whether the RLF filer's participation in the 
Automated Broker Interface (ABI) is being suspended or revoked pursuant 
to Sec.  143.6 or Sec.  143.7. The RLF filer will be offered the 
opportunity to appeal the port director's decision in writing within 10 
calendar days of receipt of the written notice. The Assistant 
Commissioner, Office of International Trade, or his designee, will 
issue a decision in writing on the proposed action within 30 working 
days after receiving a timely filed appeal from the RLF filer. If no 
timely appeal is received, the proposed notice becomes the final 
decision of the Agency as of the date that the appeal period expires. A 
proposed discontinuance of a filer's RLF privileges will not take 
effect unless the appeal process under this paragraph has been 
concluded with a decision adverse to the RLF filer.
    (2) Immediate discontinuance. In the case of willfulness or those 
in which public health, interest, or safety so requires, the port 
director may immediately discontinue RLF privileges upon written notice 
to the RLF filer. The notice will contain a description of the facts or 
conduct warranting the immediate action. The RLF filer will be offered 
the opportunity to appeal the port director's decision within 10 
calendar days of receipt of the written notice providing for immediate 
discontinuance. The immediate discontinuance will remain in effect 
during the appeal period. The Assistant Commissioner, Office of 
International Trade, or his designee, will issue a decision in writing 
on the discontinuance within 15 working days after receiving a timely 
filed appeal from the RLF filer. If no timely appeal is received, the 
notice becomes the final decision of the Agency as of the date that the 
appeal period expires.

David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: February 20, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013-04320 Filed 2-25-13; 8:45 am]
BILLING CODE 9111-14-P