CBP Proposes New Processes for Revoking Entry Filer Codes, RLF/Immediate Entry Privileges
CBP is proposing to add new notice requirements and appeal procedures for when it suspends or revokes an entry filer code or discontinues the ability to use immediate delivery and remote location filing (RLF) programs, the agency said in a Feb. 26 Federal Register notice. The agency plans to make the changes to comply with the Administrative Procedure Act (APA), which requires certain due process procedures before an agency can suspend or revoke a license it has given, said the notice. CBP assigns entry filer codes to all licensed brokers and importers filing consumption and Automated Broker Interface (ABI) entries.
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Comments Due April 29
Comments on the proposed new procedures are due April 29 at www.regulations.gov in docket USCBP-2013-0009. Comments can also be mailed to CBP at 90 K St. NE, Washington, D.C. 20229.
APA Requires Due Process for Licensees
The APA (Title 5 U.S.C. 558 (c)) requires notice by the agency in writing of the facts or conduct which may warrant the action and opportunity to demonstrate or achieve compliance with all lawful requirements before an agency can suspend, revoke or annul a license. Because CBP requires the filer codes for immediate delivery and RLF, "they are akin to licenses for the purpose of the APA," notice said. Current regulations allow the Assistant Commissioner in the CBP Office of International Trade (OIT) and his designees to refuse an assigned entry filer code if it's misused by the importer or broker. CBP proposes amending 19 CFR 142 and 143 by adding notice requirements and appeal procedures for entry filer code suspension and revocation.
Changes to 19 CFR 142.3a(d)
Under a proposed change to 19 CFR 142.3a(d), after a port director finds a filer code was misused, CBP will provide a written notice proposing suspension or revocation with the reason for the notice. The importer or broker will then have 10 calendar days after receiving the written notice to appeal the port director's decision. The Assistant Commissioner of OIT or designees must issue a decision on the appeal within 30 working days. The initial notice proposing the entry code revocation/suspension will serve as the final decision if the broker or importer doesn't appeal within the required timeframe. The entry filer code may still be used during the appeal period and can't be suspended/revoked until the appeal process has finished.
CBP also proposed to allow port directors to immediately suspend entry filer codes upon written notice in the interest of public health, interest and safety, said CBP. The written notice will include a description of CBP reasoning. An appeal must be filed within 10 calendar days, and a CBP must make a final decision within 15 working days of an appeal. If no appeal is filed, the initial notice becomes the final decision. The entry filer code will be suspended or revoked through the appeals process in this situation, said CBP.
Changes for Immediate Delivery and RLF Regs
CBP is also proposing changes to the regulations for immediate delivery, typically allowed for entry filings involving land shipments from Canada and Mexico; shipments of fresh fruits and vegetables from Canada and Mexico, 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. CBP proposes changing 19 CFR 142.25(c)(1) to require a written notice to the importer for discontinuance of participation in immediate delivery. The importers would then have appeal processes for the discontinuance as in 19 CFR 142.3a(d).
The agency is also seeking a change to RLF regulations in 19 CFR 143, which say importers are eligible if they are using the ABI, Electronic Invoice Program, Automated Clearinghouse or other method of CBP-approved electronic payment. CBP seeks to add a new 19 CFR 143.46 on "Discontinuance of Privileges," allowing CBP to discontinue RLF privileges if a filer doesn't meet the eligibility requirements or fails to file the additional information required. Discontinuance would require a written notice the importer or broker would then have the same appeal processes for the discontinuance as in 19 CFR 142.3a(d).