Permitted Forms of Signatures on Protests

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 174

[T.D. 94-55]

RIN 1515-AB52

Permitted Forms of Signatures on Protests

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations regarding what

Customs will consider to be an acceptable method of identifying the

filer of a protest filed to contest a Customs decision regarding

imported merchandise. The current regulations require that a protest be

signed by the person filing the protest. In light of advances in

methods of communication and the movement of Customs toward automation

in all aspects of its operations, Customs will now accept methods of

identification on protests and amendments to protest forms other than

those which are handwritten in ink. The document also amends the

regulations to allow amendments of protests to have the same types of

identification as original protests.

EFFECTIVE DATE: August 8, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Rose Johnson, Office of Trade

Operations, (202) 927-0376.

SUPPLEMENTARY INFORMATION:

Background

Section 514 of the Tariff Act of 1930, as amended (19 U.S.C. 1514),

establishes the procedures which the public can use to administratively

contest Customs decisions with respect to imported merchandise.

Procedures for filing protests of decisions of district directors,

including the legality of all orders and findings, are set forth in

Secs. 174.11-174.16 of the Customs Regulations. Section 174.12 (c)

currently requires that protests ``be signed by the person filing the

protest, or his agent, or attorney.''

Customs has determined that requiring handwritten signatures on

protests is unnecessary. Customs published a Notice of Proposed

Rulemaking which appeared in the Federal Register (58 FR 50300) on

September 27, 1993, proposing to permit filing of protests without

requiring actual handwritten signatures on the protest. Customs stated,

in the proposal, that as long as a protest contains all the pertinent

information (see Sec. 174.13, Customs Regulations), and is filed in

accordance with all other requirements of Secs. 174.11 and 174.12,

Customs Regulations, including identifying the filer, the requirement

of a handwritten signature serves no other purpose than to sometimes

delay the filing of an already prepared protest by a protestant. A

protest must be submitted within the time limit set forth in

Sec. 174.12(e), Customs Regulations.

As indicated in the proposal, another reason for no longer

requiring a handwritten signature on protests is that Customs is

developing, as part of its Automated Commercial System (ACS), a protest

module which will enable protests to be filed electronically. Requiring

a handwritten signature on an electronic transmission would be self-

defeating, if not impossible. Although the module is not presently

available, reference to the module (electronic certification) was made

in the proposal. This was done to prevent multiple changes to the same

section within a short period of time. Before the ACS protest module

does become available, another Notice of Proposed Rulemaking will be

published which will provide detailed information and instructions for

its use and how the electronic certification is intended to operate.

Analysis of Comments

In response to the Notice of Proposed Rulemaking, Customs received

no comments which addressed the amendment as proposed. Customs did

receive comments which anticipated the introduction of the protest

module in ACS. Because that issue will be the subject of a different

regulatory initiative before that particular module is activated, those

comments are premature.

Amendment of the Regulations

In accordance with the above, Customs is now amending its

regulations to permit the filing of a protest without requiring actual

handwritten signatures on the protest. If the protest filer is not the

importer of record or consignee, it will not be necessary, at this time

for the protest filer to provide a filer number. Customs will accept

protests which contain signatures which are facsimile, telefax, typed,

or stamped, and, when the protest module is available for use,

electronic certification in ACS.

Because Customs already accepts similar formats of signatures in

certain situations, it is not anticipated that any abuses or great

confusion will arise, nor should it create any increased burden of any

segment of the public.

Customs is also amending Sec. 174.14(d) so that the requirements

which apply to signatures on amendments of protests will conform to

those for the original protest.

Executive Order 12866 and Regulatory Flexibility Act

This document is not a ``significant regulatory action'' within the

meaning of E.O. 12866. Based on the supplementary information set forth

above and pursuant to the provisions of the Regulatory Flexibility Act

(5 U.S.C. 601, et seq.), it is certified that the amendment will not

have a significant economic impact on a substantial number of small

entities. Accordingly, it is not subject to the regulatory analysis or

other requirements of 5 U.S.C. 603 and 604.

Drafting Information

The principal author of this document was Peter T. Lynch,

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 174

Administrative practice and procedure, Customs duties and

inspection.

Amendment

Part 174, Customs Regulations (19 CFR part 174), is amended as set

forth below.

PART 174--PROTESTS

1. The general authority citation for part 174 continues to read as

follows:

Authority: 19 U.S.C. 66, 1514, 1515, 1624.

2. Paragraph (c) of Sec. 174.12 is revised to read as follows:

Sec. 174.12 Filing of protests.

* * * * *

(c) Identity of filer. The identity of the person filing the

protest or his agent, or attorney shall be noted on the protest. This

may be accomplished through a signature which is handwritten in ink,

stamped, typed, facsimile, telefax, or by electronic certification in

ACS. If the person filing the protest is not the importer of record or

consignee, the filer shall include his address and importer number, if

any.

* * * * *

3. Paragraph (d) of Sec. 174.14 is revised to read as follows:

Sec. 174.14 Amendment of protests.

* * * * *

(d) Identification of filer. An amendment to a protest may be filed

only by the person who originally filed such protest or his agent or

attorney subject to the provisions of Sec. 174.3. The identity of the

filer shall be noted on the amendment to a protest. Any acceptable

method used to identify the filer described in Sec. 174.12(c) as being

acceptable on a protest will be acceptable on an amendment to a

protest.

* * * * *

Approved: June 17, 1994.

Michael H. Lane,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 94-16544 Filed 7-7-94; 8:45 am]

BILLING CODE 4820-02-P