Publication of Filer Codes

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 142

[T.D. 98-25]

RIN 1515-AB27

Publication of Filer Codes

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to provide for

the availability by electronic means of the code assigned by Customs to

identify frequent entry filers. This action is expected to assist port

authorities, sureties, carriers, customs brokers, bonded warehouse

operators, and others involved with import transactions in identifying

those who enter merchandise into the United States so that they can

expedite their services regarding the importations. It is anticipated

that the adoption of this amendment will eliminate paperwork burdens on

those involved with import transactions by identifying who is

responsible for the specific importation.

EFFECTIVE DATE: April 16, 1998.

FOR FURTHER INFORMATION CONTACT: For Operational matters: Angela

Downey, Office of Trade Compliance, Office of Field Operations, (202)

927-1082; For Legal matters: Jerry Laderberg, Entry Procedures &

Carriers Branch, Office of Regulations and Rulings, (202) 927-2269.

SUPPLEMENTARY INFORMATION:

Background

On January 13, 1993, in a document published in the Federal

Register (58 FR 4113), Customs announced in an Advanced Notice of

Proposed Rulemaking (ANPRM) that it was considering the amendment of

the Customs Regulations to provide for the publication of a list of

filer codes and the identity of the individuals, companies, licensed

customs brokers, or importers assigned the specific filer codes. After

analyzing comments received on the ANPRM, on April 22, 1997, Customs

published a notice of proposed rulemaking in the Federal Register (62

FR 19534) that proposed to amend the Customs Regulations to provide for

the availability by electronic means of the code assigned by Customs to

identify frequent entry filers. This action was proposed to assist port

authorities, sureties, carriers, customs brokers, bonded warehouse

operators, and others involved with import transactions in identifying

those who enter merchandise into the United States so that they can

expedite their services regarding the importations. It was expected

that the proposal would eliminate paperwork burdens on those involved

with import transactions by identifying the party responsible for the

importation of specific merchandise. As the proposal set forth Customs'

intention no longer to consider filer codes confidential, it was

expected that the proposal, if adopted, would also relieve Customs of

the administrative burden of entertaining requests of importers for

confidential treatment of their filer codes. The notice proposed to

amend Sec. 142.3a of the Customs Regulations (19 CFR 142.3a) by adding

a new paragraph that would allow Customs to make available

electronically a listing of the filer codes and identifying information

regarding the importers, consignees, and customs brokers assigned those

codes, and solicited comments concerning this action.

The comment period closed on June 23, 1997. Five comments were

received, one from an importer and four from entities involved in the

importation, movement, or insurance of imported merchandise. The

comments received and Customs' responses are discussed below.

Analysis of Comments

Comment--The customs brokers who commented and the brokers

association that commented indicated their approval of the proposal

stating that identifying filers with their filer codes would facilitate

and expedite the release of goods. It was also suggested that this

filer code information be made available on the Customs Internet site.

Customs response--Customs agrees that the publication of the filer

code information will facilitate the flow of importations and expedite

the release of goods. Customs also agrees that it would be useful for

the filer code information to be made available electronically.

Accordingly, Customs will make the filer code information available

periodically on the Customs Electronic Bulletin Board ((703) 440-6155)

and its Internet web site (www.customs.ustreas.gov).

Comment--Two carrier/transportation companies supported the

proposal stating that the publication of filer code information will

improve notification procedures regarding the arrival of in-bond

shipments. Further, it was stated that publication of filer code

information would be useful in coordinating the release of all

shipments, would facilitate the notification of parties in interest to

resolve discrepancies or other problems or questions, and should

enhance the efficiency and speed of import transactions.

Customs response--Customs agrees with these expectations, which are

consistent with the purpose for the publication of the filer code

information.

Comment--The sureties and surety associations stated that they are

in favor of the proposal as the publication of the filer code

information will be beneficial to the trade community.

Customs response--Again, Customs agrees with this expectation.

Comment--An importer opposed the proposal stating that publication

of the filer code information will make proprietary business

information known to competitors. The commenter further states that

Customs should provide that importers can request confidentiality of

this information.

Customs response--As stated in the Notice of Proposed Rulemaking,

after a comprehensive review of the operational situation in the

commercial environment, Customs has concluded that filer code

information is not proprietary and, therefore, not confidential.

Information that is proprietary, such as entry-specific information,

will continue to enjoy confidential treatment. Because Customs no

longer considers the identity of filer code holders proprietary

information, Customs believes there is no reason to allow importers to

request confidentiality of this information or for Customs to assume

the administrative burden of processing such requests.

Conclusion

Having analyzed and discussed the five comments received and upon

further consideration of the proposed action, Customs has decided to

make the filer code information available electronically on its

Internet web site (www.customs.ustreas.gov) and on the Customs

Electronic Bulletin Board ((703) 440-6155). Accordingly, that portion

of T.D. 88-38 that provides for the confidential treatment of filer

code information upon the request of an importer is revoked and

Sec. 142.3a of the Customs Regulations is amended to provide for the

availability by electronic means of entry filer code information, which

will be updated periodically.

Inapplicability of the Regulatory Flexibility Act, and Executive

Order 12866

Because this final rule document will confer a benefit on the

public by improving access to frequently needed information by the

trade industry

[[Page 12996]]

without any action being required on its part, pursuant to provisions

of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) it is

certified that the amendment to the Customs Regulations 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. Further, this document does not

meet the criteria for a ``significant regulatory action'' as specified

in E.O. 12866.

Drafting Information: The principal author of this document was

Gregory R. Vilders, Attorney, Regulations Branch. However, personnel

from other offices participated in its development.

List of Subjects in 19 CFR Part 142

Administrative practice and procedure, Confidential business

information, Customs duties and inspection, Imports, Reporting and

recordkeeping requirements.

Amendment to the Regulations

For the reasons set forth above, part 142 of the Customs

Regulations (19 CFR part 142), is amended as set forth below:

PART 142--ENTRY PROCESS

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

follows:

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

2. In Sec. 142.3a, paragraphs (c) and (d) are redesignated as

paragraphs (d) and (e), respectively; in the first sentence of newly

designated paragraph (e) the reference ``paragraph (c)'' is revised to

read ``paragraph (d)''; and a new paragraph (c) is added to read as

follows:

Sec. 142.3a Entry numbers.

* * * * *

(c) Publication of Entry Filer Codes. Customs shall make available

electronically a listing of filer codes and the importers, consignees,

and customs brokers assigned those filer codes. The listing will be

updated periodically.

* * * * *

Samuel H. Banks,

Acting Commissioner of Customs.

Approved: February 17, 1998.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 98-6880 Filed 3-16-98; 8:45 am]

BILLING CODE 4820-02-P