13714 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et. seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Direction ge ́ne ́rale de 

l’aviation civile AD No. F–2005–049, dated 

March 30, 2005; and APEX Aircraft 

Mandatory Service Bulletin No. 040401, 

dated October 29, 2004. 

Issued in Kansas City, Missouri, on March 

15, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5226 Filed 3–22–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 111, 113, 141, 142 and 

143 

[USCBP–2006–0001] 

RIN 1505–AB20 

Remote Location Filing 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend title 19 of the Code of Federal 

Regulations to set forth provisions 

implementing Remote Location Filing 

(RLF). The proposed changes implement 

the terms of section 414 of the Tariff Act 

of 1930, as added by section 631 within 

the Customs Modernization provisions 

of the North American Free Trade 

Agreement Implementation Act, and 

would allow a RLF filer to electronically 

file with CBP those entries and related 

information that CBP can process in a 

completely electronic data interchange 

system from a location other than where 

the goods will arrive. 

DATES: Comments must be received on 

or before May 22, 2007. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP 2006–0001. 

• Mail: Trade and Commercial 

Regulations Branch, Bureau of Customs 

and Border Protection, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, Bureau 

of Customs and Border Protection, 799 

9th Street, NW., 5th Floor, Washington, 

DC. Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 572–

8768. 

FOR FURTHER INFORMATION CONTACT: For 

systems or automation issues: Tony 

Casucci at (202) 772–2041 or Jennifer 

Engelbach at (562) 366–5593. For 

operational or policy issues: Marla 

Bianchetta at (202) 344–2693 or via email at remote.filing@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the 

proposed rule. The Bureau of Customs 

and Border Protection (CBP) also invites 

comments that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. If 

appropriate to a specific comment, the 

commenter should reference the specific 

portion of the proposed rule, explain the 

reason for any recommended change, 

and include data, information, or 

authority that support such 

recommended change. 

Background 

This document proposes changes to 

the CBP regulations to provide for 

Remote Location Filing. Remote 

Location Filing (RLF) is currently 

allowed through National Customs 

Automation Program (NCAP) testing. 

The National Customs Automation 

Program (NCAP) 

Title VI of the North American Free 

Trade Agreement Implementation Act 

(the Act), Public Law 103–182, 107 Stat. 

2057 (December 8, 1993), contains 

provisions pertaining to Customs 

Modernization (107 Stat. 2170). Subpart 

B of title VI of the Act concerns the 

National Customs Automation Program 

(NCAP), an electronic system for the 

processing of commercial importations. 

Within subpart B, section 631 of the Act 

added sections 411 through 414 to the 

Tariff Act of 1930 (19 U.S.C. 1411–

1414). These sections: define the NCAP, 

provide for the establishment of and 

participation in the NCAP and include 

a list of existing and planned 

components (section 411); list the NCAP 

goals (section 412); provide for the 

implementation and evaluation of the 

NCAP (section 413); and, provide for 

Remote Location Filing (RLF) (section 

414). One of the planned NCAP 

components listed in section 411 is the 

electronic filing (including RLF under 

section 414) of entry information with 

Customs (now ‘‘CBP’’). See 19 U.S.C. 

1411(a)(2)(B). 

Description of Remote Location Filing 

Prototype Program 

RLF is intended to permit electronic 

filing of an entry of merchandise with 

CBP from a location other than where 

the goods will arrive or the district 

designated in the entry for examination 

(a ‘‘remote location’’). See section 

414(a)(1). 

As a key part of the NCAP entry filing 

component, RLF is intended to conform 

CBP practices to trade business 

processes. By using electronic filing, 

RLF is intended to reduce paperwork 

that is costly to create, review and store. 

RLF is also intended to enable a 

customs broker with a national permit 

to serve several port locations without 

the cost of maintaining multiple offices. 

Section 413(b) of the Act provides for 

the implementation, testing and 

evaluation of the NCAP and requires 

that the Secretary of the Treasury 

consult with the trade community, 

including importers, customs brokers, 

shippers, and other affected parties, in 

the development, implementation and 

evaluation of the NCAP program and its 

components. In accordance with this 

section, CBP has held public meetings 

on RLF since June, 1994, and has tested 

the RLF concept via prototypes since 

1995. CBP continues to provide RLF 

information and updates on the 

Automated Broker Interface (ABI) 

Administrative Message System and on 

the CBP Internet Web site located at 

http://www.cbp.gov (type in the search 

term ‘‘Remote Location Filing’’). 

RLF prototypes have been tested in 

accordance with § 101.9(b) of title 19 of 

the Code of Federal Regulations (19 CFR 


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101.9(b)), which provides for the testing 

of NCAP components. A chronological 

listing of Federal Register publications 

detailing developments in the RLF 

prototypes follows: 

• On April 6, 1995, CBP announced 

in the Federal Register (60 FR 17605) its 

plan to conduct the first of at least two 

RLF test prototypes. The first RLF test, 

designated Prototype One, began on 

June 19, 1995. 

• On February 27, 1996, CBP 

announced in the Federal Register (61 

FR 7300) the expansion of Prototype 

One and its extension until the 

implementation of RLF Prototype Two. 

• RLF Prototype Two commenced on 

January 1, 1997. See document 

published in the Federal Register (61 

FR 60749) on November 29, 1996. 

• CBP announced in the Federal 

Register (62 FR 64043), on December 3, 

1997, the extension of RLF Prototype 

Two until December 31, 1998. 

• On December 7, 1998, CBP 

announced in the Federal Register (63 

FR 67511) that Prototype Two would 

remain in effect until concluded by 

notice in the Federal Register. 

• On July 6, 2001, CBP announced in 

the Federal Register (66 FR 35693) 

changes to the RLF Prototype Two 

eligibility requirements. 

• On November 16, 2001, CBP 

announced in the Federal Register (66 

FR 57774) a deadline extension for 

customs brokers participating in RLF to 

submit their national broker permit 

numbers to CBP. 

• On February 25, 2003, CBP 

announced in the Federal Register (68 

FR 8812) that line release entries would 

no longer be permitted for purposes of 

RLF Prototype Two, and set forth a 

comprehensive and updated list of 

current RLF eligibility requirements and 

a description of a new simplified 

application process. 

• On March 31, 2005, CBP announced 

in the Federal Register (70 FR 16510) 

that RLF will now be permitted for 

cargo that will be moved using 

immediate transportation (IT) and 

transportation and export (T & E) inbond procedures. 

In accordance with section 413(b), 

CBP has evaluated the RLF prototype 

and determined it to be successful in 

meeting the NCAP objectives stated 

above. For this reason, CBP is proposing 

to implement on a permanent basis the 

RLF regulatory provisions described in 

this document. These provisions were 

developed on the basis of section 414, 

the operational experiences garnered by 

RLF prototype tests, and other CBP 

initiatives such as the Automated 

Commercial Environment (ACE) and 

Trade Compliance Redesign. 

CBP intends to terminate the existing 

RLF prototype at such time as a final 

rule adopting these proposals is in 

effect. Until such time, RLF prototype 

participants may continue to participate 

in the test program. All current RLF 

prototype participants meet the 

requirements for RLF filing proposed in 

this document. No formal application 

process is proposed. 

RLF-Operational CBP Locations 

An RLF filer may electronically 

transmit an entry filing from a remote 

location, other than where the goods 

will arrive, to an RLF-operational CBP 

location. 

If the proposed RLF regulations set 

forth in this document are adopted as a 

final rule, the CBP locations that have 

been identified as operational for RLF 

purposes under Prototype Two will 

continue to serve in this capacity. In 

addition, CBP intends to have all service 

ports, as defined in § 101.1 of title 19 of 

the CFR (19 CFR 101.1) and listed in 

§ 101.3(b)(2) (19 CFR 101.3(b)(2)), RLFoperational prior to the effective date of 

any final action on these regulatory 

proposals. It is also anticipated that if 

sufficient trade interest exists, and CBP 

deems it appropriate, other ports of 

entry will become RLF-operational once 

final regulations are in place. 

Announcements of new locations will 

be placed on the Automated Broker 

Interface (ABI) Administrative Message 

System and a list of all RLF-operational 

locations is available for viewing on 

the CBP Internet Web site located at 

http://www.cbp.gov (type in the search 

term ‘‘Remote Location Filing’’). 

Explanation of Amendments 

This document proposes a regulatory 

framework for RLF in a new subpart E 

to part 143 and proposes to amend, 

where necessary, those aspects of the 

existing CBP regulations that are 

impacted by RLF. The proposed 

changes, other than those involving 

minor wording or other editorial 

changes, are discussed below in more 

detail. 

New Subpart E to Part 143—Regulatory 

Framework for RLF 

CBP proposes to set the regulatory 

framework for RLF in a new subpart E 

to Part 143 as follows: 

Subpart E to Part 143—Remote Location 

Filing 

Section 143.41 

Proposed new § 143.41 provides that 

subpart E sets forth the general 

requirements and procedures for RLF, 

and that RLF entries remain subject to 

the documentation, document retention, 

and document retrieval requirements of 

this chapter as well as the general entry 

requirements of parts 141, 142 and 143. 

Proposed § 143.41 further provides that 

use of the RLF system is voluntary. 

Section 143.42 

Proposed new § 143.42 sets forth 

definitions for purposes of subpart E to 

part 143, as well as providing that the 

definitions set forth in § 143.32 also 

apply to subpart E. 

Section 143.43 

Proposed new § 143.43 sets forth the 

eligibility criteria for participation in 

RLF. 

Section 143.44 

Proposed new § 143.44 sets forth the 

procedures for RLF. 

Section 143.45 

Proposed new § 143.45 prescribes the 

filing of additional entry information in 

a RLF context. 

Proposed Amendments to Existing 

Regulations 

Section 111.2(b)(2)(i)(C) 

Section 111.2 prescribes when a 

license and district permit are required. 

Paragraph (b)(2)(i)(C) sets forth an 

exception to the district permit rule and 

states, in pertinent part, that a national 

permit issued to a broker under 19 CFR 

111.19(f) will constitute sufficient 

permit authority for the broker to act as 

a NCAP participant who may 

electronically file entries for 

merchandise from a remote location. 

In this document, it is proposed to 

amend § 111.2(b)(2)(i)(C) to clarify that 

a broker holding a national permit may 

electronically file entries for 

merchandise from a remote location so 

long as the terms set forth in the RLF 

regulations (19 CFR subpart E to part 

143) have been met. 

Section 113.62(j)(1) 

Section 113.62(j)(1) covers the 

agreement of a principal to comply with 

electronic entry filing requirements and 

in this regard refers specifically to 

subpart D of part 143. 

As a consequence of the proposal to 

add a new subpart E to part 143 to cover 

RLF, it is proposed to amend paragraph 

(j)(1) by removing the limiting reference 

to ‘‘subpart D’’ so that the bond 

conditions will apply equally to the RLF 

provisions of proposed subpart E. 

Section 141.18(a) 

Section 141.18 of title 19 of the CFR 

(19 CFR 141.18) concerns entry by 

nonresident corporations. Section 

141.18(a) provides that the corporation 


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cannot enter merchandise for 

consumption unless it has a resident 

agent in the State where the port of 

entry is located who is authorized to 

accept service of process against the 

corporation. 

In order to accommodate the 

proposed RLF regulations, this 

document proposes to amend 

§ 141.18(a) to provide that, for RLF 

purposes, a nonresident corporation 

must have a resident agent authorized to 

accept service of process against that 

corporation either in the State where the 

port of entry is located or in the State 

from which the remote location filing 

originates. 

Section 141.61(a) and (b) 

Section 141.61 of title 19 of the CFR 

(19 CFR 141.61) concerns the 

completion of entry and entry summary 

documentation. Paragraph (a)(1) 

provides that entry and entry summary 

documentation must ‘‘be prepared on a 

typewriter, or with ink, indelible pencil, 

or other permanent medium,’’ that an 

entry summary shall be signed by the 

importer (see § 101.1 of this chapter)’’

and that entries, entry summaries and 

accompanying documentation must be 

on the appropriate forms specified by 

the regulations, must clearly set forth all 

required information and must be 

legible. 

This document proposes to amend 

paragraph (a)(1) by exempting electronic 

entry from these requirements and 

including language, currently set forth 

in paragraph (b) of this section, which 

pertains to ‘‘signing of the entry’’ as this 

is also only relevant to non-electronic 

filings. It is also proposed to remove 

obsolete language set forth in § 141.61(b) 

which provides that the signing of the 

consignee’s declaration, in certain 

instances, is regarded as satisfying 19 

U.S.C. 1484(d). 

Insofar as the regulations set forth in 

subpart D of part 143 provide for the 

entry of merchandise processed 

electronically, and the RLF regulations 

proposed in this document as new 

subpart E to part 143 also involve 

electronic filing of entry and entry 

summary documentation, it is proposed 

to create a new paragraph (a)(2) which 

sets forth the manner by which 

electronic entry and entry summary 

documentation are to be prepared. To 

this end, it is proposed to set forth 

language stating that electronic entry 

and entry summary documentation 

must contain the information required 

by this section, and must be certified by 

the importer of record or his duly 

authorized agent, one of whom must be 

resident in the United States for 

purposes of receiving service of process, 

as being true and correct to the best of 

his knowledge. If certified, the 

electronic documentation is binding in 

the same manner and to the same extent 

as signed documents. 

It is further proposed to redesignate 

existing paragraph (a)(2), which pertains 

to marks and numbers, as new 

paragraph (b). 

Section 141.63(c) 

Section 141.63 of title 19 of the CFR 

(19 CFR 141.63) concerns the 

submission of entry summary 

documentation for preliminary review. 

Paragraph (c) covers merchandise 

entered other than at the port of arrival. 

Specifically, paragraph (c) provides that 

if merchandise is to arrive or has arrived 

at one port and the importer wishes to 

file his entry documentation at another 

port to which the merchandise is 

destined, he may do so upon approval 

of the port director at the port of 

destination. The director of the 

destination port may then authorize 

release of the merchandise, after its 

importation at the port of arrival, or 

postpone its release if he believes it is 

necessary for examination or other 

purposes. 

Paragraph (c) was added to the CBP 

regulations in 1987 to cover ‘‘PAIRED’’

(‘‘Port of Arrival Immediate Release and 

Enforcement Determination’’) entries. 

See, T.D. 87–78 (52 FR 24153, June 29, 

1987). The legislative history relating to 

section 631 of the Act (House Report 

No. 103–361(I), page 127) explicitly 

states Congress’ intent to discontinue 

‘‘PAIRED’’ entries upon implementation 

of the RLF part of the entry filing 

component of NCAP. Accordingly, it is 

proposed to remove § 141.63(c) from the 

regulations. 

Section 141.86(h) 

Section 141.86 of title 19 of the CFR 

(19 CFR 141.86) covers the contents of 

invoices and other general invoice 

requirements. Paragraph (h) sets forth 

standards for the numbering of invoices 

and pages. Specifically, paragraph (h)(1) 

requires that when more than one 

invoice is included in the same entry, 

each invoice with its attachments must 

be numbered consecutively by the 

importer on the bottom of the face of 

each page, beginning with No. 1. 

Paragraph (h)(2) requires that if the 

invoice or invoices filed with one entry 

consist of more than two pages, each 

page must be numbered consecutively 

by the importer on the bottom of the 

face of each page. The page numbering 

must begin with No. 1 for the first page 

of the first invoice and continue in a 

single series of numbers through all the 

invoices and attachments included in 

one entry. Paragraph (h)(3) covers both 

the numbering of invoices and multiplepage invoices and requires that, when 

applicable, both the invoice number and 

the page number must be shown at the 

bottom of each page. 

The proposed RLF regulations set 

forth in this document, as well as the 

existing provisions for electronic entry 

filing set forth in subpart D of part 143, 

provide for the electronic transmission 

and processing of entries. In 

consideration of the fact that these 

electronic procedures may not allow a 

RLF filer to number the invoices and 

pages in conformity with § 141.86(h), it 

is proposed to revise § 141.86(h) to 

exclude electronic transmissions of 

invoice data made pursuant to the terms 

set forth in part 143 from these invoice 

numbering requirements. 

Section 141.90(b) and (d) 

Section 141.90 of title 19 of the CFR 

(19 CFR 141.90) concerns the notation 

of tariff classification, rate of duty and 

value on invoices. Paragraph (b) 

requires that the appropriate tariff 

subheading number and rate of duty be 

noted by the importer in the left-hand 

portion of the invoice next to the 

articles to which they apply. Paragraph 

(d) provides that all notations made on 

an invoice by the importer or broker 

must be in blue or black ink. 

It is proposed to revise § 141.90(b) 

and (d) to except from these 

requirements those invoices that are 

submitted electronically pursuant to the 

terms set forth in part 143. 

Section 142.3(a) 

Section 142.3 of title 19 of the CFR 

(19 CFR 142.3) sets forth the entry 

documentation required to secure the 

release of merchandise. Paragraph (a) 

identifies different types of entry 

documentation. Paragraph (b) identifies 

the entry documentation that is required 

when entry summary is filed at the time 

of entry. Paragraph (c) states that the 

port director may require additional 

copies of the documentation. 

As the regulations set forth in existing 

subpart D and proposed subpart E to 

part 143 provide for the electronic 

transmission of entry documentation, it 

is proposed to amend § 142.3 by adding 

a new paragraph (d) which sets forth 

that the entry documentation identified 

in this section may be submitted to CBP 

in either a paper or an electronic format. 

Section 143.0 

Section 143.0 of title 19 of the CFR 

(19 CFR 143.0) identifies the scope of 

part 143 as setting forth the 

requirements and procedures for 

participation in ABI and for the 


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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 13717 

clearance of imported merchandise 

under appraisement and informal 

entries as well as under electronic entry 

filing, which are in addition to the 

general requirements and procedures for 

all entries set forth in part 141 of this 

chapter. 

It is proposed that § 143.0 be amended 

to include reference to the fact that RLF 

requirements and procedures are 

included within part 143. 

Section 143.32 

Section 143.32 of title 19 of the CFR 

(19 CFR 143.32) sets forth definitions for 

purposes of subpart D of this chapter. 

This document proposes to amend 

§ 143.32 by stating that the definitions 

also apply, where applicable, for 

purposes of subpart E of this chapter. It 

is also proposed to add a definition for 

‘‘Electronic Invoice Program’’ (EIP), 

which refers to modules of the 

Automated Broker Interface (ABI) that 

allow entry filers to transmit detailed 

invoice data and includes Automated 

Invoice Interface (AII), as well as any 

other electronic invoice authorized by 

CBP. 

Comments 

Before adopting this proposal as a 

final rule, consideration will be given to 

any written comments timely submitted 

to CBP, or transmitted via e-mail to 

http://www.regulations.gov., including 

comments on the clarity of this 

proposed rule and how it may be made 

easier to understand. Comments 

submitted will be available for public 

inspection in accordance with the 

Freedom of Information Act (5 U.S.C. 

552) and § 103.11(b) of title 19 of the 

CFR (19 CFR 103.11(b)), on regular 

business days between the hours of 9 

a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, Office 

of International Trade, Customs and 

Border Protection, 799 9th St., NW., 

Washington, DC. Arrangements to 

inspect submitted documents should be 

made in advance by calling Joseph Clark 

at (202) 572–8768. 

The Regulatory Flexibility Act and 

Executive Order 12866 

Because these proposed amendments 

implement a voluntary program 

provided for by statute, and will have 

the effect of streamlining the entry 

process and reducing the overall 

regulatory burden on the general public, 

pursuant to the provisions of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., it is certified that, if adopted, the 

proposed amendments will not have a 

significant economic impact on a 

substantial number of small entities. 

Further, these proposed amendments do 

not meet the criteria for a ‘‘significant 

regulatory action’’ as specified in E.O. 

12866. 

Paperwork Reduction Act 

As there are no new collections of 

information proposed in this document, 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507) 

are inapplicable. 

Signing Authority 

This document is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects 

19 CFR Part 111 

Administrative practice and 

procedure, Brokers, Customs duties and 

inspection, Imports, Licensing, 

Reporting and recordkeeping 

requirements. 

19 CFR Part 113 

Customs duties and inspection, 

Imports, Reporting and recordkeeping 

requirements, Surety bonds. 

19 CFR Part 141 

Customs duties and inspection, Entry 

of merchandise, Invoices, Release of 

merchandise, Reporting and 

recordkeeping requirements. 

19 CFR Part 142 

Customs duties and inspection, 

Forms, Reporting and recordkeeping 

requirements. 

19 CFR Part 143 

Automated Broker Interface (ABI), 

Computer technology (Electronic entry 

filing), Customs duties and inspection, 

Entry of merchandise, Invoice 

requirements, Reporting and 

recordkeeping requirements. 

Proposed Amendments to the 

Regulations 

For the reasons stated above, it is 

proposed to amend title 19 of the Code 

of Federal Regulations (19 CFR parts 

111, 113, 141, 142 and 143) as set forth 

below. 

PART 111—CUSTOMS BROKERS 

1. The general authority citation for 

part 111 continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 1641. 

* * * * * 

2. Section 111.2(b)(2)(i)(C) is revised 

to read as follows: 

§ 111.2 License and district permit 

required. 

* * * * * 

(b) * * * 

(2) * * * 

(i) * * * 

(C) Electronic filing. A broker may 

electronically file entries for 

merchandise from a remote location, 

pursuant to the terms set forth in 

subpart E to part 143 of this chapter, 

and may electronically transact other 

customs business even though the entry 

is filed, or other customs business is 

transacted, within a district for which 

the broker does not have a district 

permit; and 

* * * * * 

PART 113—CUSTOMS BONDS 

3. The general authority citation for 

part 113 continues to read as follows: 

Authority: 19 U.S.C. 66, 1623, 1624. 

* * * * * 

4. In § 113.62, paragraph (j)(1) is amended 

by removing the reference ‘‘, subpart D,’’ and 

by removing the words ‘‘that subpart’’ and 

adding in their place the words, ‘‘part 143’’. 

PART 141—ENTRY OF MERCHANDISE 

5. The general authority citation for 

part 141 is revised, and the specific 

authority citations for subparts F and G 

and §§ 141.68 and 141.90 continue to 

read as follows: 

Authority: 19 U.S.C. 66, 1414, 1448, 1484, 

1624. 

Subpart F also issued under 19 U.S.C. 

1481; Subpart G also issued under 19 

U.S.C. 1505; 

* * * * * 

Section 141.68 also issued under 19 

U.S.C. 1315; 

* * * * * 

Section 141.90 also issued under 19 

U.S.C. 1487; 

* * * * * 

6. In § 141.18: 

a. The introductory sentence is 

amended by removing the word 

‘‘Customs’’ and adding in its place the 

word ‘‘customs’’, and by removing the 

word ‘‘shall’’ and adding in its place the 

word ‘‘may’’; 

b. Paragraph (a) is revised; and 

c. Paragraph (b) is amended by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’. 

The revision reads as follows: 

§ 141.18 Entry by nonresident corporation. 

* * * * * 

(a) Has a resident agent in the State 

where the port of entry is located who 

is authorized to accept service of 

process against that corporation or, in 

the case of an entry filed from a remote 

location pursuant to subpart E of part 

143 of this chapter, has a resident agent 

authorized to accept service of process 


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against that corporation either in the 

State where the port of entry is located 

or in the State from which the remote 

location filing originates; and 

* * * * * 

7. In § 141.61: 

a. Paragraphs (a) and (b) are revised; 

b. Paragraph (c) is amended, in the 

first sentence, by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’, and; in the second sentence, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’; 

c. Paragraph (d) is amended by 

removing the word ‘‘shall’’ each place 

that it appears and adding the word 

‘‘must’’, and by removing the words 

‘‘Customs Form’’ each place they appear 

and adding the words ‘‘CBP Form’’; 

d. Paragraph (e) is amended: in 

paragraphs (e)(1) through (e)(3), by 

removing the word ‘‘shall’’ each place 

that it appears and adding the word 

‘‘must’’, and by removing the words 

‘‘Customs Form’’ each place they appear 

and adding the words ‘‘CBP Form’’; in 

paragraph (e)(4), by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘will’’ and by removing the word 

‘‘Customs’’ and adding in its place the 

term ‘‘CBP’’; and, in paragraph (e)(5), by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’; and 

e. Paragraph (f) is amended: in 

paragraph (f)(1), by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’; in paragraph (f)(1)(iv), by 

removing, in the second sentence, the 

words ‘‘shall represent’’ and adding in 

their place the words ‘‘must represent’’; 

and, in the third sentence, by removing 

the word ‘‘shall’’ and adding in its place 

the word ‘‘must’’ and by removing the 

word ‘‘Customs’’ each place that it 

appears and adding the term ‘‘CBP’’; in 

paragraph (f)(2)(i), by removing the 

word ‘‘shall’’ each place that it appears 

and adding the word ‘‘must’’ and by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; in 

paragraph (f)(2)(ii), by removing, in the 

first sentence, the word ‘‘shall’’ and 

adding in its place the word ‘‘must’’, by 

removing in the second sentence the 

words ‘‘shall represent’’ and adding in 

their place the words ‘‘must represent’’; 

and, in the third sentence, by removing 

the word ‘‘shall’’ and adding in its place 

the word ‘‘must’’; and, in paragraphs 

(f)(2)(iii) and (f)(2)(iv), by removing the 

word ‘‘shall’’ each place that it appears 

and adding the word ‘‘must’’. 

The revision reads as follows: 

§ 141.61 Completion of entry and entry 

summary documentation. 

(a) Preparation—(1) Paper entry and 

entry summary documentation. Except 

when entry and entry summary 

documentation is filed with CBP 

electronically pursuant to the provisions 

of part 143 of this chapter: 

(i) Such documentation must be 

prepared on a typewriter (keyboard), or 

with ink, indelible pencil, or other 

permanent medium, and all copies must 

be legible; 

(ii) The entry summary must be 

signed by the importer (see § 101.1 of 

this chapter); and 

(iii) Entries, entry summaries, and 

accompanying documentation must be 

on the appropriate forms specified by 

the regulations and must clearly set 

forth all required information. 

(2) Electronic entry and entry 

summary documentation. Entry and 

entry summary documentation that is 

filed electronically pursuant to part 143 

of this chapter must contain the 

information required by this section and 

must be certified (see §§ 143.35 and 

143.44 of this chapter) by the importer 

of record or his duly authorized agent, 

one of whom must be resident in the 

United States for purposes of receiving 

service of process, as being true and 

correct to the best of his knowledge. A 

certified electronic transmission is 

binding in the same manner and to the 

same extent as a signed document. 

(b) Marks and numbers previously 

provided. An importer may omit from 

entry summary (CBP Form 7501) the 

marks and numbers previously provided 

for packages released or withdrawn. 

* * * * * 

8. In § 141.63: 

a. Paragraphs (a)(2) and (b) are 

amended by removing the word ‘‘shall’’

each place that it appears and adding 

the word ‘‘will’’; and 

b. Paragraph (c) is removed. 

9. In § 141.68, paragraphs (a) through 

(h) are amended by removing the word 

‘‘shall’’ each place that it appears and 

adding the word ‘‘will’’, and by 

removing the word ‘‘Customs’’ each 

place that it appears and adding the 

term ‘‘CBP’’. 

10. In § 141.86: 

a. Paragraphs (a) through (e) are 

amended by removing the word ‘‘shall’’

each place that it appears and adding 

the word ‘‘must’’; 

b. Paragraph (f) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘must’’, and by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; 

c. Paragraph (g) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘must’’; 

d. Paragraph (h) is revised; and 

e. Paragraph (j) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘must’’. 

The revisions read as follows: 

§ 141.86 Contents of invoices and general 

requirements. 

* * * * * 

(h) Numbering of invoices and pages. 

(1) Invoices. Except when electronic 

invoice data are transmitted to CBP 

under the provisions of part 143 of this 

chapter, when more than one invoice is 

included in the same entry, each invoice 

with its attachments must be numbered 

consecutively by the importer on the 

bottom of the face of each page, 

beginning with No. 1. 

(2) Pages. Except when electronic 

invoice data are transmitted to CBP 

under the provisions of part 143 of this 

chapter, if the invoice or invoices filed 

with one entry consist of more than two 

pages, each page must be numbered 

consecutively by the importer on the 

bottom of the face of each page, with the 

page numbering beginning with No. 1 

for the first page of the first invoice and 

continuing in a single series of numbers 

through all the invoices and 

attachments included in one entry. 

(3) Both invoices and pages. Except 

when electronic invoice data are 

transmitted to CBP under the provisions 

of part 143 of this chapter, both the 

invoice number and the page number 

must be shown at the bottom of each 

page when applicable. For example, an 

entry covering one invoice of one page 

and a second invoice of two pages must 

be paginated as follows: 

Inv. 1, p. 1. 

Inv. 2, p. 2. 

Inv. 2, p. 3 

* * * * * 

11. In § 141.90: 

a. Paragraph (b) is revised; 

b. Paragraph (c) is amended by 

removing the word ‘‘shall’’ each place 

that it appears and adding the word 

‘‘must’’ in its place and 

c. Paragraph (d) is revised. 

The revisions read as follows: 

§ 141.90 Notation of tariff classification 

and value on invoice. 

* * * * * 

(b) Classification and rate of duty. 

The importer or customs broker must 

include on the invoice or with the 

invoice data the appropriate subheading 

under the provisions of the Harmonized 

Tariff Schedule of the United States (19 

U.S.C. 1202) and the rate of duty for the 

merchandise being entered. Except 

when invoice line data are linked to an 

entry summary line and transmitted to 

CBP electronically under the provisions 

of part 143, that information must be 

noted by the importer or customs broker 


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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 13719 

in the left-hand portion of the invoice, 

next to the articles to which they apply. 

* * * * * 

(d) Importer’s notations in blue or 

black ink. Except when invoice line data 

are linked to an entry summary line and 

transmitted to CBP electronically under 

the provisions of part 143, all notations 

made on the invoice by the importer or 

customs broker must be in blue or black 

ink. 

PART 142—ENTRY PROCESS 

12. The authority citation for part 142 

continues to read as follows: 

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

13. In § 142.3: 

a. Paragraph (a) is amended by 

removing in the introductory sentence 

the word ‘‘shall’’ and adding in its place 

the word ‘‘must’’; by removing in 

paragraph (a)(1) the word ‘‘Customs’’

each place that it appears and adding 

the term ‘‘CBP’’ and by removing the 

word ‘‘shall’’ and adding in its place the 

word ‘‘must’’; by removing in paragraph 

(a)(5) the word ‘‘Customs’’ and adding 

in its place the term ‘‘CBP’’; by 

removing in paragraph (a)(6) the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’ and by removing the term ‘‘CF’’

and adding in its place the words ‘‘CBP 

Form’’; 

b. Paragraph (b) is revised; and 

c. A new paragraph (d) is added. 

The revision and addition read as 

follows: 

§ 142.3 Entry documentation required. 

* * * * * 

(b) Entry summary filed at time of 

entry. When the entry summary is filed 

at time of entry in accordance with 

§ 142.12(a)(1) or § 142.13: 

(1) CBP Form 3461 or 7533 will not 

be required; and 

(2) CBP Form 7501 or CBP Form 3311 

(as appropriate, see § 142.11) may serve 

as both the entry and the entry summary 

documentation if the additional 

documentation set forth in paragraphs 

(a)(2), (3), (4) and (5) of this section and 

§ 142.16(b) is filed. 

* * * * * 

(d) Electronic Format. The entry 

documentation identified in this section 

may be submitted to CBP in either a 

paper or, where appropriate, an 

electronic format. 

PART 143—SPECIAL ENTRY 

PROCEDURES 

14. The authority citation for part 143 

is revised to read as follows: 

Authority: 19 U.S.C. 66, 1414, 1481, 1484, 

1498, 1624, 1641. 

15. Section 143.0 is revised to read as 

follows: 

§ 143.0 Scope. 

This part sets forth the requirements 

and procedures for participation in the 

Automated Broker Interface (ABI), for 

the clearance of imported merchandise 

under appraisement and informal 

entries, and under electronic entry filing 

and under Remote Location Filing 

(RLF). All requirements and procedures 

set forth in this part are in addition to 

the general requirements and 

procedures for all entries set forth in 

part 141 of this chapter. More specific 

requirements and procedures are set 

forth elsewhere in this chapter; for 

example, part 145 concerns 

importations by mail and part 10 

concerns merchandise conditionally 

free of duty or subject to a reduced rate. 

16. In § 143.32, the introductory text 

and existing paragraphs (a), (b), (d) 

through (k), and (o) are revised to read 

as follows: 

§ 143.32 Definitions. 

The following are definitions for 

purposes of subparts D and E of this 

part: 

(a) ACS. ‘‘ACS’’ means the Automated 

Commercial System and refers to CBP’s 

integrated comprehensive tracking 

system for the acquisition, processing 

and distribution of import data. 

(b) ABI. ‘‘ABI’’ means the Automated 

Broker Interface and refers to a module 

of ACS that allows entry filers to 

transmit immediate delivery, entry and 

entry summary data electronically to 

CBP through ACS and to receive 

transmissions from ACS. 

* * * * * 

(d) Broker. ‘‘Broker’’ means a customs 

broker licensed under part 111 of this 

chapter. 

(e) Certification. ‘‘Certification’’

means the electronic equivalent of a 

signature for data transmitted through 

ABI. This electronic (facsimile) 

signature must be transmitted as part of 

the immediate delivery, entry or entry 

summary data. Such data are referred to 

as ‘‘certified’’. 

(f) Data. ‘‘Data’’ when used in 

conjunction with immediate delivery, 

entry and/or entry summary means the 

information required to be submitted 

with the immediate delivery, entry and/ 

or entry summary, respectively, in 

accordance with the CATAIR (CBP 

Publication 552, Customs and Trade 

Automated Interface Requirements) 

and/or CBP Headquarters directives. It 

does not mean the actual paper 

documents, but includes all of the 

information required to be in such 

documents. 

(g) Documentation. ‘‘Documentation’’

when used in conjunction with 

immediate delivery, entry and/or entry 

summary means the documents set forth 

in § 142.3 of this chapter, required to be 

submitted as part of an application for 

immediate delivery, entry and/or entry 

summary, but does not include the CBP 

Forms 7501, 3461 (or alternative forms). 

(h) EDIFACT. ‘‘EDIFACT’’ means the 

Electronic Data Interchange for 

Administration, Commerce and 

Transport that provides an electronic 

capability to transmit detailed CBP 

Forms 7501 and 3461, and invoice data. 

(i) Electronic entry. ‘‘Electronic entry’’

means the electronic transmission to 

CBP of: 

(1) Entry information required for the 

entry of merchandise; and 

(2) Entry summary information 

required for the classification and 

appraisement of the merchandise, the 

verification of statistical information, 

and the determination of compliance 

with applicable law. 

(j) Electronic immediate delivery. 

‘‘Electronic immediate delivery’’ means 

the electronic transmission of CBP 

Forms 3461 or 3461 alternate (CBP Form 

3461 ALT) data utilizing ACS in order 

to obtain the release of goods under 

immediate delivery. 

(k) Electronic Invoice Program (EIP). 

‘‘EIP’’ refers to modules of the 

Automated Broker Interface (ABI) that 

allow entry filers to transmit detailed 

invoice data and includes Automated 

Invoice Interface (AII) and any other 

electronic invoice authorized by CBP. 

* * * * * 

(o) Selectivity criteria. ‘‘Selectivity 

criteria’’ means the categories of 

information that guide CBP’s judgment 

in evaluating and assessing the risk of 

an immediate delivery, entry, or entry 

summary transaction. * * * 

* * * * * 

17. Part 143 is amended by adding a 

new subpart E, consisting of §§ 143.41 

through 143.45, to read as follows: 

Subpart E—Remote Location Filing 

Sec. 

143.41 Applicability. 

143.42 Definitions. 

143.43 RLF eligibility criteria. 

143.44 RLF procedure. 

143.45 Filing of additional entry 

information. 

Subpart E—Remote Location Filing 

§ 143.41 Applicability. 

This subpart sets forth the general 

requirements and procedures for 

Remote Location Filing (RLF). RLF 

entries are subject to the documentation, 

document retention and document 

retrieval requirements of this chapter as 


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13720 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 

well as the general entry requirements 

of parts 141, 142 and 143. Participation 

in the RLF program is voluntary and at 

the option of the filer. 

§ 143.42 Definitions. 

The following definitions, in addition 

to the definitions set forth in § 143.32 of 

this part, apply for purposes of this 

subpart E: 

(a) Remote Location Filing (RLF)—

‘‘RLF’’ is an elective method of making 

entry by which a customs broker with 

a national permit electronically 

transmits all data information associated 

with an entry that CBP can process in 

a completely electronic data interchange 

system to a RLF-operational CBP 

location from a remote location other 

than where the goods are being entered. 

(Importers filing on their own behalf 

may file electronically in any port, 

subject to ABI filing requirements.) 

(b) RLF-operational CBP location—

‘‘RLF-operational CBP location’’ means 

a CBP location within the customs 

territory of the United States that is 

staffed with CBP personnel who have 

been trained in RLF procedures and 

who have operational experience with 

the Electronic Invoice Program (EIP). 

EIP is defined in § 143.32 of this 

chapter. A list of all RLF-operational 

locations is available for viewing on the 

CBP Internet Web site located at http:// 

www.cbp.gov (type in the search term 

‘‘Remote Location Filing’’). 

§ 143.43 RLF eligibility criteria. 

(a) Automation criteria. To be eligible 

for RLF, a licensed customs broker must 

be: 

(1) Operational on the ABI (see 19 

CFR part 143, subpart A); 

(2) Operational on the EIP prior to 

applying for RLF; and 

(3) Operational on the ACH (or any 

other CBP-approved method of 

electronic payment), for purposes of 

directing the electronic payment of 

duties, taxes and fees (see 19 CFR 

24.25), 30 days before transmitting a 

RLF entry. 

(b) Broker must have national permit. 

To be eligible for RLF, a licensed 

customs broker must hold a valid 

national permit (see 19 CFR 111.19(f)). 

(c) Continuous bond. A RLF entry 

must be secured with a continuous 

bond. 

§ 143.44 RLF procedure. 

(a) Electronic transmission of invoice 

data. For RLF transactions, a customs 

broker must transmit electronically, 

using EIP, any invoice data required by 

CBP. 

(b) Electronic transmission of 

payment. For RLF transactions, a 

customs broker must direct the 

electronic payment of duties, taxes and 

fees through the ACH (see 19 CFR 24.25) 

or any other method of electronic 

payment authorized by CBP. 

(c) Automation requirements. Only 

those entries and entry summaries that 

CBP processes completely in an 

electronic data interchange system will 

be accepted for RLF. 

(d) Combined electronic entry and 

entry summary. For RLF transactions, a 

customs broker must submit to CBP, 

through ABI or any other electronic 

interface authorized by CBP, a complete 

and error-free electronic data 

transmission constituting the entry 

summary that serves as both the entry 

and entry summary. 

(e) No line release or immediate 

delivery entries permitted under RLF. 

Line release (see 19 CFR, Part 142, 

Subpart D) or immediate delivery 

procedures may not be combined with 

RLF transactions. 

(f) Data acceptance and release of 

merchandise. Data that are complete 

and error free will be accepted by CBP. 

If electronic invoice or additional 

electronic documentation is required, 

CBP will so notify the RLF filer. If no 

documentation is required to be filed, 

CBP will so notify the RLF filer. If CBP 

accepts the RLF entry (including invoice 

data) under §§ 143.34–143.36 of this 

part, the RLF entry will be deemed to 

satisfy all filing requirements under this 

part and the merchandise may be 

released. 

(g) Liquidation. The entry summary 

will be scheduled for liquidation once 

payment is made under statement 

processing (see 19 CFR 24.25). 

§ 143.45 Filing of additional entry 

information. 

When filing from a remote location, a 

RLF filer must electronically file all 

additional information required by CBP 

to be presented with the entry and entry 

summary information (including 

facsimile transmissions) that CBP can 

accept electronically. If CBP cannot 

accept additional information 

electronically, the RLF filer must file the 

additional information in a paper format 

at the CBP port of entry where the goods 

arrived. 

Deborah J. Spero, 

Acting Commissioner, Bureau of Customs and 

Border Protection. 

Approved: March 15, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 07–1330 Filed 3–22–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Notice No. 72; Re: Notice No. 71] 

RIN: 1513–AB27 

Proposed Establishment of the Paso 

Robles Westside Viticultural Area 

(2006R–087P); Comment Period 

Extension 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: In response to a request from 

a viticulture industry group, the Alcohol 

and Tobacco Tax and Trade Bureau 

extends the comment period for Notice 

No. 71, Proposed Establishment of the 

Paso Robles Westside Viticultural Area, 

a notice of proposed rulemaking 

published in the Federal Register on 

January 24, 2007, for an additional 30 

days. 

DATES: Written comments on Notice No. 

71 must now be received on or before 

April 24, 2007. 

ADDRESSES: You may send comments to 

any of the following addresses: 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: Notice No. 71, P.O. 

Box 14412, Washington, DC 20044–

4412. 

• 202–927–8525 (facsimile). 

• nprm@ttb.gov (e-mail). 

• http://www.ttb.gov/wine/ 

wine_rulemaking.shtml. An online 

comment form is posted with this notice 

on our Web site. 

• http://www.regulations.gov (Federal 

e-rulemaking portal; follow instructions 

for submitting comments). 

You may view copies of this notice, 

the petition, the appropriate maps, and 

any comments we receive about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. To 

make an appointment, call 202–927–

2400. You may also access copies of the 

notice and comments online at http:// 

www.ttb.gov/wine/ 

wine_rulemaking.shtml. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

FOR FURTHER INFORMATION CONTACT: N. 

A. Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 


sroberts on PROD1PC70 with PROPOSALS