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APHIS Withdraws Proposed Rule on the Redelivery of Cargo for Inspection

The Animal and Plant Health Inspection Service (APHIS) has issued a notice announcing that it is withdrawing its June 20, 2002 proposed rule that would have, among other things, allowed inspectors from APHIS to require that cargo be returned to the port of first arrival or, if convenient, another location as specified by APHIS for inspection when necessary.

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According to APHIS, the proposed rule was intended to simplify the inspection process by allowing APHIS inspectors to deal directly with owners, shippers, brokers, and their agents rather than having to request that U.S. Customs and Border Protection (CBP) act on APHIS' behalf and order the cargo returned to the port for inspection.

(See ITT's Online Archives or 06/24/02 news, 02062415, for BP summary of the proposed rule, including all the proposed amendments contained in the proposed rule. See ITT's Online Archives or 08/29/02 news, 02082915, for BP summary of the reopening of the comment period.)

APHIS Withdraws Proposed Rule Due to Incorporation of CBP and APHIS Port Inspectors into DHS

APHIS states that it is withdrawing its proposed rule after consulting with the Department of Homeland Security (DHS) and determining that the incorporation of both CBP and APHIS port inspectors into DHS has made the proposed change in the regulations unnecessary.

(On September 2, 2003, DHS announced, among other things, its new "One Face at the Border" initiative, which is the establishment of a single CBP officer to carry out the functions previously performed by the following three inspectors: Customs Inspector, Immigration and Naturalization Service (INS) Inspector, and the APHIS Inspector. See ITT's Online Archives or 09/08/03 news, 03090805, for BP summary of DHS' announcement.)

APHIS contact - Jane Levy (301) 734-8259

APHIS withdrawal of proposed rule (D/N 02-011-3, FR Pub 04/06/04) available at http://a257.g.akamaitech.net/7/257/2422/06apr20040800/edocket.access.gpo.gov/2004/pdf/04-7739.pdf