NOTE:

COMMENTS REGARDING ANY FEDERAL REGISTER NOTICE MUST BE SENT TO THE ADDRESS
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[Federal Register: September 27, 1995 (Volume 60, Number 187)]
[Rules and Regulations]
[Page 49755-49764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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[[Page 49755]]

POSTAL SERVICE

39 CFR Parts 20 and 111

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

AGENCY: Postal Service.              

ACTION: Final rule.

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SUMMARY: The Postal Service, after considering the written responses to
its request published in the Federal Register on December 28, 1994 (59
FR 66839-66844), for public comment on proposed amendments to
International Mail Manual part 123, Customs Forms Required, and
Domestic Mail Manual part E010, Overseas Military Mail, hereby gives
notice that it is implementing the amendments. Certain federal
government agencies, however, are exempted as explained in the
Supplementary Information.
    In addition to the current requirement that all international mail
containing dutiable articles must bear a customs declaration form, a
customs form will be required, with certain exceptions, on the
following types of mail:
    - All international letters weighing more than 16 ounces;
    - All international letter packages weighing more than 16
ounces;
    - All international printed matter weighing more than 16
ounces;
    - All international small packets, matter for the blind, M-
bags, parcel post packages, and Express Mail International Service
items, regardless of weight; and
    - All domestic mail weighing more than 16 ounces sent to,
from, or between overseas military post offices (APO and FPO
destinations).

EFFECTIVE DATE: May 4, 1996.

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

SUPPLEMENTARY INFORMATION: On December 28, 1994, the Postal Service
published in the Federal Register (59 FR 66839-66844) a notice of
proposed rulemaking to amend 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 and under which the Postal Service will use these forms.
    In addition to the current requirement that all international mail
containing dutiable articles must bear a customs declaration form, a
customs form will be required, with certain exceptions, on the
following types of mail:
    - All international letters weighing more than 16 ounces;
    - All international letter packages weighing more than 16
ounces;
    - All international printed matter weighing more than 16
ounces;
    - All international small packets, matter for the blind, M-
bags, parcel post packages, and Express Mail International Service
items, regardless of weight; and
    - All domestic mail weighing more than 16 ounces sent to,
from, or between overseas military post offices (APO and FPO
destinations).
    These new requirements will strengthen aviation security by
establishing procedures that deter mailers from using the mails to
send, knowingly or unknowingly, dangerous material or explosives. The
four key aspects of these requirements are as follows:
    (1) The face-to-face interaction between the mailer and a postal
employee;
    (2) The completion of a document (the customs declaration form)
containing the mailer's name, address, and signature;
    (3) The inclusion of a statement on the customs form regarding the
safety of the contents of the item and the "security controls" to
which the item is subject; and
    (4) The retention of one copy of the customs form until such time
as delivery of the item is completed.
    The Postal Service requested comments by January 27, 1995, and by
that date received two comments: one from a federal government agency
and one from a private individual.
    The federal government agency requested that the proposal be
amended to exclude official mail going to, from, or between military
post offices (MPOs). The agency commented that federal government
agencies sending official mail are not authorized to use permits or
mailing systems for mail originating at MPOs and that all such mail
bears either postage stamps or meter postage. Moreover, all government
agency mailers are known mailers.
    The Postal Service agrees. Accordingly, Domestic Mail Manual part
E010 is amended by adding section E010.2.6 to provide that official
mail going to, from, or between MPOs is exempt from the requirements
for customs declaration forms unless customs declarations are necessary
for customs treatment.
    The other commenter noted that the new requirements will compel
mailers to present at post offices many items currently permitted to be
deposited into collection boxes or given to delivery employees and that
these requirements will compel mailers to provide a return address on
items not currently requiring one. He stated that the new requirements
provide for an automatic mail cover and questioned the ability of the
Postal Service to match records of customs declaration forms retained
at post offices with the corresponding items. He further stated that
the Postal Service gave no explanation why matter for the blind, small
packets, and Express Mail, if weighing less than 16 ounces, are not
exempted from the required use of customs forms as done for nondutiable
letters, letter packages, and printed matter, if weighing less than 16
ounces. In addition, he noted that no distinction exists between MPOs
at overseas locations and those at domestic locations. In summary, the
commenter believed that the Postal Service will gain no real benefit
from the changes in its requirements for customs forms.
    The Postal Service disagrees with the views expressed by this
commenter. It is true that some international mail items and military
mail items that do not now have to be presented for mailing at a post
office will, with the implementation of the new requirements, have to
be taken there for face-to-face acceptance. The 16-ounce limit was
selected, in part, because only a small amount of international and
military mail, weighing more than 16 ounces, is currently deposited
into collection boxes or given to delivery employees. Rather, this mail
usually requires mailers to have their items weighed and postage rates
calculated by a postal employee at a post office. Moreover, these same
mailers frequently must obtain the appropriate customs declaration
forms and purchase additional international special services such as
registry. The Postal Service believes that the new requirements will
not increase substantially the number of window transactions in
fulfilling the new customs forms requirements.
    As a rule, a return address is not required on most mail. The new
requirements will not change current requirements. Currently, when a
mailer sending international mail uses a customs declaration form
(either PS Form 2966-A or PS Form 2966-B), the mailer must include his
or her name and return address on the form. This requirement will
continue with the revised PS Form 2976-A; this form, when detached,
will not show the mailer's name and return address on the item. The
mailer will have to write his or her name and return address elsewhere
on the item.
    The retention of a copy of the customs declaration form by the
Postal Service does not provide an automatic mail cover. The
information collected on this

[[Page 49756]]
copy is retained for only a short time. During that time, the copy is
not used to collect information except for an investigation in the
event of a credible threat to aviation security. Moreover, the Postal
Service already retains similar records on forms required for certain
items such as Express Mail and registered mail.
    The requirements for the use of customs declaration forms on small
packets and on Express Mail International Service (EMS) items are not
changed. All small packets currently require a customs form; this
requirement is not changed. Customs declaration requirements for EMS,
which vary by content and destination country, are detailed for each
country in the Individual Country Listing pages of the International
Mail Manual (IMM). A copy of the EMS mailing label is currently
retained for each EMS item mailed, regardless of contents.
    All matter for the blind will be required to bear a customs
declaration form. Most of this mail weighs more than 16 ounces and only
a few mailers are eligible for this service. In addition, matter for
the blind mailed at the airmail rate is often indistinguishable from
other types of mail.
    The Postal Service continues to believe that although the change in
requirements for customs declaration forms is not a foolproof measure,
it serves as an additional deterrent to mailers who knowingly mail
dangerous material, while it provides notice to mailers who are unaware
of the regulations against mailing dangerous or prohibited material.
    The requirements for the private printing of Postal Service customs
declaration forms (see IMM section 123.3) are also changed to clarify
and define the specifications for the new forms. The Postal Service
believes that this change will ensure that privately printed customs
forms meet the same specifications (that is, for color, format, size,
printing, numbering, adhesive quality (if required), and barcoding) as
those used for the Postal Service forms.
    IMM section 123.722 is also amended by adding the requirement for a
Postal Service postmark on copy 3, Dispatch Note, of Form 2976-A. This
requirement was inadvertently omitted in the proposed rule.
    The Postal Service will implement the new requirements on May 4,
1996. Until that date, mailers must continue using currently required
customs declaration forms.
    The Postal Service hereby adopts the following amendments to the
International Mail Manual and the Domestic Mail Manual, which are both
incorporated by reference in the Code of Federal Regulations. See 39
CFR 20.1 and 39 CFR 111.1, respectively.

List of Subjects

39 CFR Part 20

    Customs duties and inspections, Foreign relations, Foreign trade,
International postal services, Postal Service.

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 Required, to read as follows:

123  Customs Forms

123.1  General
    Only two customs declaration forms are used, as required under
123.6, for international mail: Form 2976, Customs CN 22 (old C 1); and
Form 2976-A, Customs Declaration and Dispatch Note CP 72 (old C 2/CP 3/
CP 2). Form 2976-E, Customs Declaration Envelope CP 91, is used with
Form 2976-A for parcel post packages. Only forms dated May 1996 or
later may be used.
123.2  Availability
    Customs declaration forms are available without charge at post
offices. On request, mailers may receive a reasonable supply for mail
preparation.
123.3  Privately Printed Forms
    Mailers may privately print Forms 2976 and 2976-A if authorized.
Privately printed forms must be identical in size, design, and color
with the Postal Service forms, and each form must contain a unique
barcode number that can be read by Postal Service equipment. Form
specifications may be obtained from the Manager, Business Mail
Acceptance, U.S. Postal Service, 475 L'Enfant Plaza SW, Washington DC
20260-6808. For authorization, mailers must submit at least two
preproduction samples to Business Mail Acceptance, at the above
address, for review and approval. If three or more items are presented
at one time, the mailer may omit printing the post office copy of Forms
2976 and 2976-A if a manifest of the items is provided. The manifest
must contain the same mailer's certification statement and edition date
printed on the Postal Service forms. Entries on the manifest must be
typewritten or printed in ink or by ballpoint pen. The manifest option
must be indicated at the time that the mailer requests to produce
privately printed forms.
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 or as
designated by the postmaster. Express Mail items paid by corporate
account, however, may be deposited into collection boxes. All other
items requiring customs forms that are found in collection boxes or not
presented to a postal acceptance employee 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.

[[Page 49757]]
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Mail                 Declared    Required     Placement            Comment
class                value       form
-----------------------------------------------------------------------------
Nondutiable letter   N/A........ None.......  N/A...... 
or letter package, 
16 ounces and under.

Dutiable letter      Under $400..... 2976 or  Outside..Known mailers may be
or letter package,   $400 and over...2976-A*  Inside...exempt from using form,
letter or letter                     2976-A*  Inside...regardless of weight
package over                                           nondutiable items over
16 ounces                                              16 ounces.
                                                       (see 123.62).

Nondutiable printed  N/A.............None...  N/A......
matter 16 ounces                                     
and under.

Dutiable printed     Under $400....  2976 or..Outside..Known mailers may be
matter over 16       $400 and over.  2976-A*..Inside...exempt from using forms
ounces                               2976-A*..Inside...on printed matter,
                                                       regardless of weight;.
                                                       nondutiable items over 
                                                       16 ounces.
                                                       (see 123.62).

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

Small packet         Under $400....  2976 or..Outside..
                     $400 and over.  2976-A*..Inside...
                                     2976-A*..Inside...

Parcel post          N/A...........  2976-A...Outside..Form 2976 may not be
                                                       used on parcel post.

Express Mail         N/A...........  2976 or..Outside..See Individual Country 
                                     2976-A,..Outside..Listings. by IMM.
                                     as required

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

* 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
items in the mailing contain no dangerous material.
123.63  Additional Security Controls
    When the chief postal inspector determines that a unique, credible
threat exists, the Postal Service may require a mailer 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
    A sender completes Form 2976, Customs CN 22, by:
    a. Providing a complete description of each article in the item,
even if it contains a gift, merchandise, or a commercial sample.
General descriptions such as "food," "medicine," "gift," or
"clothing" are not acceptable. The description must be in English,
although an interline translation in another language is permitted. The
exact quantity of each article in the item must be stated.
    b. Declaring the value, in U.S. dollars, of each article in the
item. The sender may declare that the contents have no value (declaring
no value does not exempt the item from customs examination or charges
in the destination country).
    c. Showing the total weight of the item, if known.
    d. Indicating in the appropriate checkbox on the form whether the
item contains gifts, merchandise, or commercial samples. If not, the
sender does not check these boxes.
    e. Entering his or her full name and return address in the blocks
indicated.
    f. Signing and dating the form in the blocks indicated on both
parts of the form. The sender's signature certifies that all entries
are correct and that the item contains no dangerous material prohibited
by postal regulations.
    g. Affixing the form to the address side of the item and presenting
it for mailing.
123.712  Acceptance by Postal Employee
    The postal employee accepts the item for mailing by:
    a. Instructing the sender how to complete the customs declaration
form, as required, legibly and accurately. Failure to complete the form
properly can delay delivery of the item or inconvenience the addressee.
Moreover, a false, misleading, or incomplete declaration can result
either in the seizure or return of the item or 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. Verifying that the required information is entered on the form
and that the sender has signed both parts (the part affixed to the item
and the part separated for postal records).
    c. Entering the weight of the item on the form, if not already
done.
    d. Removing the post office copy and retaining it for 30 days.
123.72  Form 2976-A
123.721  Preparation by Sender
    A sender completes Form 2976-A, Customs Declaration and Dispatch
Note CP 72, by:
    a. Providing the names and addresses of the sender and addressee.
    b. Providing information about the contents of the parcel or item.
(If there is insufficient space on the customs declaration form to list
all contents of the parcel or item, a second form is used to continue
listing the contents. The first form must be annotated to indicate two
forms. Both forms are placed into Form 2976-E (envelope).) The sender
lists this information by:
    (1) Providing a complete description of each article in the parcel
or item, even if it contains commercial samples, documents, gifts, or
merchandise. General descriptions such as "food," "medicine,"
"gift," or "clothing" are not acceptable. The description must be
in English, although an interline translation in another language is
permitted.

[[Page 49758]]

    (2) Showing the exact quantity of each article in the parcel or
item.
    (3) Declaring the value, in U.S. dollars, of each article in the
parcel or item. The sender may declare that the contents have no value
(declaring no value does not exempt the parcel or item from customs
examination or charges in the destination country).
    (4) Showing the net weight of each article in the parcel or item.
    c. Indicating in the appropriate checkbox on the form whether the
parcel or item contains commercial samples, documents, gifts, or
merchandise. If not, the sender does not check these boxes.
    d. For parcel post only, providing disposal instructions in the
event that a parcel cannot be delivered. The sender checks the
appropriate box on the form to indicate whether the parcel is to be
returned, treated as abandoned, or forwarded to an alternate address.
(Undeliverable parcels returned to the sender are subject to collection
on delivery of return postage and any other charge assessed by the
foreign postal authorities. The sender must check the box "Abandon"
for any parcel for which the sender is unwilling to pay return
postage.)
    e. Signing and dating the form in the block indicated. The sender's
signature certifies that all entries are correct and that the parcel or
item contains no dangerous material prohibited by postal regulations.
    f. Presenting the parcel post package or item for mailing at a post
office and affixing Form 2976-A according to the class of mail, as
follows:
    (1) For parcel post, the sender must not place Form 2976-A inside
Form 2976-E (envelope) before the postal acceptance employee completes
the required information described in 123.722. After the postal
employee completes Form 2976-A, the sender places the form inside Form
2976-E and affixes it to the outside of the parcel.
    (2) For an item other than parcel post (that is, an LC or AO item)
valued at $400 or more, the sender places Form 2976-A inside the item
before the postal employee accepts the item. If the sender does not
want to show on the outside wrapper the contents of the LC or AO item,
the sender affixes the top part of Form 2976 CN to the wrapper and
completes Form 2976-A and encloses it in the item.
123.722  Acceptance by Postal Employee
    When Form 2976-A is enclosed in an LC or AO item, the postal
acceptance employee does not verify or complete the entries on the form
as described below for parcel post. For a parcel post package, the
postal employee accepts the parcel for mailing by:
    a. Instructing the sender how to complete the customs declaration
form, as required, legibly and accurately. Failure to complete the form
properly can delay delivery of the mail or inconvenience the addressee.
Moreover, a false, misleading, or incomplete declaration can result
either in the seizure or return of the parcel or item or 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. Verifying that the required information is entered on the form
and that the sender has signed the declaration.
    c. Completing an insurance receipt and affixing the insured number
label to the package, if the contents are to be insured. The postal
employee enters on the form the insured number and, in U.S. dollars and
SDRs, the insured amount.
    d. Weighing the parcel and entering on the form the gross weight
and the amount of postage.
    e. Postmarking copy 3, Dispatch Note, in the appropriate place.
    f. Removing the post office copy and retaining it for 30 days.
    g. Returning the form set to the sender for affixing to the parcel.
Form 2976-E (envelope) must be used with Form 2976-A.
* * * * *
242.3  Mailing Locations
242.31  General
    Except Express Mail items paid by corporate account, items
requiring customs declaration forms may be mailed only by presenting
the items and completed forms at a post office or as designated by the
postmaster; such items may not be deposited into street collection
boxes or post office lobby drops. Items not requiring customs forms and
fully prepaid with postage stamps or meter postage may be deposited
into collection boxes or lobby drops. (See exhibit 123.61 for a summary
of items requiring customs 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 (MPOs) must bear Form 2976, Customs CN
22, and must be presented for mailing at a post office. Certain
destination MPOs require Form 2976-A, Customs Declaration and Dispatch
Note CP 72, as shown in the chart "Conditions Applied to Mail
Addressed to Military Post Offices Overseas," periodically published
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. (International Mail Manual 123
contains procedures for completing customs forms.) Official mail going
to, from, or between MPOs is exempt from the requirements of this
section unless customs declarations are necessary for customs
treatment.

Stanley F. Mires,
Chief Counsel, Legislative.
BILLING CODE 7710-12-P

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GRAPHIC FILE NOT AVAILABLE ON RIBBS
[FR Doc. 95-23994 Filed 9-26-95; 8:45 am]
BILLING CODE 7710-12-C