Proposed Amendment of International Mail Manual Part 123, Customs Forms; and Domestic Mail Manual, Part E010, Overseas Military Mail

POSTAL SERVICE

39 CFR Part 20 and Part 111

Proposed Amendment of International Mail Manual Part 123, Customs

Forms; and Domestic Mail Manual, Part E010, Overseas Military Mail

AGENCY: Postal Service.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Postal Service proposes amending International Mail Manual

part 123 and Domestic Mail Manual part E010 to change the conditions

under which customs declaration forms will be used on international and

military mail items and the use of these forms by the Postal Service.

Customs declaration forms will be required, with certain exceptions,

for the following types of mail: International letters and letter

packages weighing more than 16 ounces; printed matter weighing more

than 16 ounces; small packets, matter for the blind, M-bags, parcel

post packages, and Express Mail International Service items; and all

domestic mail weighing more than 16 ounces sent to or from overseas

military post offices (APO and FPO destinations). This change should

enhance aviation security by establishing procedures that will

discourage the use of the mails to send, knowingly or unknowingly,

dangerous goods or explosives. The key aspects of the system are (1)

the face-to-face interaction between the mailer and a postal employee;

(2) the completion of a customs declaration form containing the

mailer's name, address, and signature; (3) the inclusion of a statement

on the form regarding the safety of the contents and the security

controls to which that mail is subject; and (4) the retention of one

copy of the form until such time as delivery would be completed.

DATES: Comments must be received on or before January 27, 1995.

ADDRESSES: Written comments should be mailed or delivered to the

Manager, Pricing, U.S. Postal Service, 475 L'Enfant Plaza, SW,

Washington, DC 20260-2406. Copies of all written comments will be

available for public inspection and photocopying between 9 a.m. and 4

p.m., Monday through Friday, in room 6670 at the above address.

FOR FURTHER INFORMATION CONTACT: Walter J. Grandjean, (202) 268-5180.

SUPPLEMENTARY INFORMATION: The United States is a member of the

Universal Postal Union (UPU). By virtue of that membership, the U.S.

Postal Service adheres to the agreements of the UPU to which it is

signatory. Specifically, both the Universal Postal Convention

(Convention) and the Postal Parcels Agreement (Parcels Agreement)

provide for the use of customs declaration forms on certain

international mail items to facilitate customs examination, collection

of duties and taxes, and delivery to the addressee. The Convention and

the Parcels Agreement provide formats for the forms given to mailers by

postal administrations. With some exceptions, the Postal Service

follows the format of these forms and provides them to the public for

use on international mail, as appropriate.

In most cases, customs declaration forms are required before items

possibly subject to customs duties or taxes are accepted by the Postal

Service for transmission to the destination foreign country. Currently,

the mailer must declare the contents in detail and show the value of

the articles in the mail. Some forms require the identities of the

mailer and recipient and a signed declaration that the mail item does

not contain harmful matter. As a matter of routine, the Postal Service

does not keep a copy of the declaration or maintain any information

about the item, except at the dispatching exchange office where records

are maintained for accounting purposes. This information is limited to

the number of the item if registered or insured, the origin and

destination of the item, and the weight of the item.

The Postal Service proposes changing these procedures and the

documentation required for international mail weighing more than 16

ounces, military mail weighing more than 16 ounces, and mail on which a

customs declaration form must be attached as follows:

(1) Mail requiring customs declaration forms may be deposited only

at post office windows. Such mail found in collection boxes will be

returned to the sender.

(2) The revised Postal Service customs declaration forms will

require the sender's name and address on the forms and will require the

sender to sign a certification that the mail does not contain dangerous

articles.

(3) The Postal Service will retain a copy of the customs

declaration form until the mail is delivered.

(4) When the Postal Service determines that there is a credible

threat that certain mail might contain explosives or other material

that would endanger life or property, it may institute additional

security measures such as requiring identification of the mailer before

accepting mail weighing more than 16 ounces.

This change should enhance aviation security by establishing

procedures that discourage the use of the mails to send, knowingly or

unknowingly, dangerous goods or explosives. It is neither designed nor

intended to be a foolproof preventive measure. This change would,

however, serve as an additional deterrent for an individual knowingly

mailing dangerous items, while providing notice to an individual who is

unaware of the prohibition against mailing dangerous or prohibited

goods.

The Postal Service also proposes to exempt known mailers from these

requirements when alternative procedures will provide comparable levels

of security, for example, a signed mailing statement for bulk mail

certifying that all the mail covered by the mailing statement does not

contain any dangerous material.

As a part of this change, the Postal Service is reducing from four

to two the number of different customs declaration forms provided to

the mailing public. The UPU is expected to adopt new forms, and the

Postal Service forms will conform to the UPU standards. Specimens of

the proposed Postal Service forms are published with this notice.

Although 39 U.S.C. 407 does not require advance notice and

opportunity for submission of comments, and the Postal Service is

exempted by 39 U.S.C. 410(a) from the advance notice requirements of

the Administrative Procedure Act regarding rulemaking (5 U.S.C. 553),

the Postal Service invites public comment at the above address.

The Postal Service proposes to adopt the following amendments to

the International Mail Manual and the Domestic Mail Manual, which are

incorporated by reference in the Code of Federal Regulations. See 39

CFR 20.1 and 39 CFR 111.1.

List of Subjects

39 CFR Part 20

Foreign relations, Incorporation by reference, International postal

services.

39 CFR Part 111

Administrative practice and procedure, Postal Service.

PART 20--[AMENDED]

1. The authority citation for 39 CFR part 20 continues to read as

follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408.

2. The International Mail Manual is amended by revising part 123,

Customs Forms, to read as follows:

123 Customs Forms.

123.1 General. Two customs declaration forms are used on

international mail: Form 2976, Customs-Douane C1; and Form 2976-A,

Customs Declaration and Dispatch Note--C2/CP3/CP2. Form 2976-E, Customs

Declaration Envelope, is used with Form 2976-A. Only editions printed

after [DATE TO BE DETERMINED BY POSTAL SERVICE] may be used.

123.2 Availability. Customs declaration forms are available at

post offices without charge. On request, mailers may receive a

reasonable supply for preparation of mail.

123.3 Privately Printed Forms. Mailers may privately print Form

2976 if it is an exact facsimile of the form printed by the Postal

Service. Mailer information may be preprinted on the form. Mailers may

privately print Form 2976-A only if authorized by the Manager, Business

Mail Acceptance, USPS Headquarters, 475 L'Enfant Plaza, SW, Washington,

DC 20260-6808. Mailers must submit a preproduction sample similar to

the Form 2976-A printed by the Postal Service. If the mailer prefers

using a manifest instead of printing the post office copy of Form 2976-

A, this use must be indicated with the request for privately printing

the form.

123.4 Nonpostal Forms. Certain items must bear one or more of the

forms required by the nonpostal export regulations described in Chapter

5.

123.5 Place of Mailing. Items requiring customs declaration forms

may be mailed only by presenting the items and completed forms at a

post office; such items may not be deposited into street collection

boxes. Express Mail items paid by corporate account may be deposited

into collection boxes. The acceptance clerk removes the post office

copy and forwards it to the appropriate location for storage. Items

found in collection boxes or not presented to an acceptance clerk are

returned to the sender for proper mailing and acceptance.

123.6 Required Usage

123.61 Conditions. Customs declaration forms, either Form 2976 or

Form 2976-A, must be used as shown in Exhibit 123.61.

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Item Declared value Required form Placement Observation

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Nondutiable letters and .................... None................ .................... ...................

letter packages 16

ounces and under.

Dutiable letters and Under $400.......... 2976 or 2976-A* 2976- Outside, Inside..... Known mailers may

letter packages and all $400 and over....... A*. Inside.............. be exempt from

letters and letter using forms on

packages over 16 ounces. nondutiable items

over 16 ounces

(see 123.62).

Nondutiable printed .................... None................ .................... ...................

matter 16 ounces and

under.

Dutiable printed matter Under $400.......... 2976 or 2976-A*..... Outside, Inside..... Known mailers may

and all printed matter $400 and over....... 2976-A*............. Inside.............. be exempt from

over 16 ounces. using forms on

nondutiable items

over 16 ounces

(see 123.62).

Matter for the blind..... Under $400.......... 2976 or 2976-A*..... Outside, Inside..... ...................

$400 and over....... 2976-A*............. Inside..............

Small packets............ Under $400.......... 2976 or 2976-A*..... Outside, Inside..... ...................

$400 and over....... 2976-A*............. Inside..............

Parcel post.............. .................... 2976-A.............. Outside............. Form 2976 may not

be used on parcel

post.

Express Mail............. .................... 2976 or 2976-A, as Outside, Outside.... See Individual

required. Country Listings.

M-bag.................... Under $400.......... 2976 or 2976-A*..... Outside, Inside..... ...................

$400 and over....... 2976-A*............. Inside..............

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*When Form 2976-A is enclosed in the item, the top part of Form 2976 must be affixed to the outside of the item.

Customs Declaration Forms Usage

Exhibit 123.61

123.62 Known Mailers. Known mailers having advance deposit

accounts or customer identification numbers for international mailing

programs (such as International Surface Air Lift, International

Priority Airmail, or VALUEPOST/Canada) may be exempt from providing

customs declaration forms as required in 123.61 on nondutiable letters,

letter packages, and printed matter weighing more than 16 ounces. Such

mailers must complete the declaration on the mailing statement,

certifying that all mailpieces in the mailing do not contain hazardous

material.

123.63 Additional Security Controls. When the chief postal

inspector determines that there is a unique, credible threat, a mailer

can be required to provide photo identification at the time of mailing.

The signature on the identification must match the signature on the

customs declaration form.

123.7 Completing Customs Forms.

123.71 Form 2976 (Green Label).

123.711 Preparation by Sender. The sender must complete Form 2976,

Customs-Douane C1, and affix this form to the address side of each

letter or letter package containing dutiable merchandise; each package

of dutiable printed matter; each small packet; each item mailed as

matter for the blind; each M-bag; and all items, whether dutiable or

not, that weigh more than 16 ounces. Form 2976 may be used on Express

Mail items as specified in the Individual Country Listings. (Form 2976

may not be used on parcel post packages; Form 2976-A is used on such

packages. Form 2976-A is also required on items valued at $400 or more

(see 123.72)). A sender completes Form 2976 by:

a. Providing a complete and accurate description in English of the

contents of the item, even if it contains a gift, merchandise, or

sample. General descriptions such as ``food,'' ``medicine,'' ``gift,''

or ``clothing'' are not permitted. An interline translation in another

language is permitted. The exact quantity of each article in the item

must be stated.

b. Declaring the value of the item in U.S. dollars. The sender may

declare that the contents have no value; however, indicating no value

does not exempt the item from customs examination or charges in the

destination country.

c. Indicating in the appropriate box on the form whether the item

is a gift, merchandise, or sample. If it is not, the sender does not

check a box.

d. Entering his or her full name and address in the block

indicated.

e. Signing his or her name in the blocks indicated on each part of

the form. The sender's signature certifies that all entries are correct

and that the mail does not contain any dangerous articles prohibited by

postal regulations.

f. Affixing the form to the address side of the mailpiece and

presenting it for mailing.

123.712 Preparation by Accepting Clerk. The clerk accepting the

item for mailing must:

a. Instruct the sender how to complete the customs declaration

form, as required, legibly and accurately. Failure to complete the form

properly can delay the mail or inconvenience the addressee. Moreover, a

false, misleading, or incomplete declaration can result in the seizure

or return of the item or can result in criminal or civil penalties. The

U.S. Postal Service assumes no responsibility for the accuracy of

information that the sender enters on the form.

b. When the item is presented, verify that the required information

is entered and that the sender has signed both parts (the part affixed

to the item and the part separated for postal records).

c. Enter the weight of the item on the form, if not already done.

d. Remove the post office copy and retain it for 30 days.

123.72 Form 2976-A.

123.721 Preparation by Sender. The sender must complete Form 2976-

A, Customs-Declaration and Dispatch Note--C2/CP3/CP2; place it into

Form 2976-E, Customs Declaration Envelope; and affix this envelope to

the address side of each parcel post package. Form 2976-A may be used

on Express Mail items as specified in the Individual Country Listings.

(Other items (LC/AO) valued at $400 or more also use Form 2976-A,

placed inside the item as required by 123.61. If the sender does not

want to show the contents of these LC/AO items on the wrapper, only the

top part of the form is affixed to the wrapper and Form 2976-A is

completed and enclosed in the package.) A sender completes Form 2976-A

by:

a. Providing the names and addresses of the sender and addressee.

b. Providing a complete and accurate description in English of the

contents of the parcel or item, even if it contains a gift,

merchandise, or sample. General descriptions such as ``food,''

``medicine,'' ``gift,'' or ``clothing'' are not permitted. An interline

translation in another language is permitted. The exact quantity of

each article in the parcel or item must be stated.

c. Declaring the value of the item in U.S. dollars. The sender may

declare that the contents have no value; however, indicating no value

does not exempt the parcel or item from customs examination or charges

in the destination country. If there is not sufficient space on the

customs declaration form to give a complete list of the contents, a

second form should be used to continue listing the contents. The first

form must then be annotated to indicate that there are two forms. Both

forms are placed into the envelope.

d. Indicating in the appropriate box on the form whether the parcel

or item is a gift, merchandise, or sample. If it is not, the sender

does not check a box.

e. Providing disposal instructions in the event that the parcel

cannot be delivered. The sender checks the appropriate box on the form

to indicate whether the parcel is to be returned, forwarded to an

alternate address, or treated as abandoned. (Undeliverable parcels

returned to the sender are subject to collection on delivery of return

postage and any other charges assessed by the foreign postal

authorities. The sender must mark the parcel ``Abandon'' if he or she

is not willing to pay return postage.)

f. Signing his or her name in the block indicated. The sender's

signature certifies that all entries are correct and that the parcel or

item does not contain any dangerous articles prohibited by postal

regulations.

g. Presenting the parcel or item for mailing at a post office. The

sender must not place the customs declaration form into the envelope

before the accepting clerk completes the required information.

123.722 Preparation by Accepting Clerk. The clerk accepting the

parcel or item for mailing must:

a. Instruct the sender how to complete the customs declaration

form, as required, legibly and accurately. Failure to complete the form

properly can delay the mail or inconvenience the addressee. Moreover, a

false, misleading, or incomplete declaration can result in the seizure

or return of the parcel or item or can result in criminal or civil

penalties. The U.S. Postal Service assumes no responsibility for the

accuracy of information that the sender enters on the form.

b. When the item is presented, verify that the required information

is entered and that the sender has signed the declaration.

c. Complete an insurance receipt and affix the insured number to

the package, if the contents of a parcel post package are to be

insured. Enter the insured number, insured amount in U.S. dollars and

SDRs, postage, and gross weight (pounds and ounces) on Form 2976-A.

d. Remove the post office copy and retain it for 30 days.

e. Insert the customs declaration form (Form 2976-E) into the

envelope and seal and affix the envelope to the parcel or item.

* * * * *

242.3 Mailing Locations.

242.31 General. Items requiring customs declaration forms may be

mailed only by presenting the items and completed forms at a post

office; such items may not be deposited into street collection boxes.

Express Mail items paid by corporate account may be deposited into

collection boxes. Items not requiring customs declaration forms and

fully prepaid with postage stamps or meter postage may be deposited

into post office drops or collection boxes. (See 123.61 for a summary

of items requiring customs declaration forms.)

* * * * *

PART 111--[AMENDED]

3. The authority citation for 39 CFR part 111 continues to read as

follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-

3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

4. The Domestic Mail Manual is amended by adding section 2.6 to

part E010, Overseas Military Mail, to read as follows:

E010.2.6 Customs Declarations.

All mail items weighing more than 16 ounces that are addressed to

overseas military post offices must bear Form 2976, Customs-Douane C1,

and must be presented for mailing at a post office. Certain destination

military post offices require Form 2976-A, Customs Declaration and

Dispatch Note--C2/CP3/CP2. Refer to the chart ``Conditions Applied to

Mail Addressed to Military Post Offices Overseas,'' published

periodically in the Postal Bulletin. Known mailers presenting bulk

mailings declared on a mailing statement are not required to use

customs declaration forms unless required by the chart. See IMM 123 for

information on completing these forms.

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

BILLING CODE 7710-02-P

TP28DE94.011

TP28DE94.012

[FR Doc. 94-31905 Filed 12-27-94; 8:45 am]

BILLING CODE 7710-02-C