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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
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Nondutiable letters and    ....................  None................
 letter packages 16
 ounces and under.
Dutiable letters and       Under $400..........  2976 or 2976-A* 2976-
 letter packages and all   $400 and over.......   A*.
 letters and letter
 packages over 16 ounces.


Nondutiable printed        ....................  None................
 matter 16 ounces and
 under.
Dutiable printed matter    Under $400..........  2976 or 2976-A*.....
 and all printed matter    $400 and over.......  2976-A*.............
 over 16 ounces.



Matter for the blind.....  Under $400..........  2976 or 2976-A*.....
                           $400 and over.......  2976-A*.............
Small packets............  Under $400..........  2976 or 2976-A*.....
                           $400 and over.......  2976-A*.............
Parcel post..............  ....................  2976-A..............


Express Mail.............  ....................  2976 or 2976-A, as
                                                  required.
M-bag....................  Under $400..........  2976 or 2976-A*.....
                           $400 and over.......  2976-A*.............
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           Item                  Placement           Observation
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Nondutiable letters and    ....................  ...................
 letter packages 16
 ounces and under.
Dutiable letters and       Outside, Inside.....  Known mailers may
 letter packages and all   Inside..............   be exempt from
 letters and letter                               using forms on
 packages over 16 ounces.                         nondutiable items
                                                  over 16 ounces
                                                  (see 123.62).
Nondutiable printed        ....................  ...................
 matter 16 ounces and
 under.
Dutiable printed matter    Outside, Inside.....  Known mailers may
 and all printed matter    Inside..............   be exempt from
 over 16 ounces.                                  using forms on
                                                  nondutiable items
                                                  over 16 ounces
                                                  (see 123.62).
Matter for the blind.....  Outside, Inside.....  ...................
                           Inside..............
Small packets............  Outside, Inside.....  ...................
                           Inside..............
Parcel post..............  Outside.............  Form 2976 may not
                                                  be used on parcel
                                                  post.
Express Mail.............  Outside, Outside....  See Individual
                                                  Country Listings.
M-bag....................  Outside, Inside.....  ...................
                           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.


GRAPHIC FILE NOT AVAILABLE ON RIBBS
[FR Doc. 94-31905 Filed 12-27-94; 8:45 am]