[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1593]



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DEPARTMENT OF THE TREASURY

Announcement of National Customs Automation Test Regarding 
Electronic Protest Filing

AGENCY: Customs Service, Department of the Treasury.

ACTION: General notice.

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SUMMARY: This notice announces Customs plan to conduct a test regarding 
the electronic filing of protests. This notice invites public comments 
concerning any aspect of the test, informs interested members of the 
public of the eligibility requirements for voluntary participation in 
the test, and describes the basis on which Customs will select 
participants.

EFFECTIVE DATE: The test will commence no earlier than May 1, 1996, and 
will run for approximately six months. Comments must be received on or 
before February 29, 1996. Anyone interested in participating in the 
test should contact Customs on or before February 29, 1996.

ADDRESSES: Written comments regarding this notice and information 
submitted to be considered for voluntary participation in the test, 
should be addressed to the Chief, Commercial Compliance Branch, U.S. 
Customs Service, 1301 Constitution Avenue, N.W. Room 1313, Washington 
D.C. 20229-0001.

FOR FURTHER INFORMATION CONTACT:

For protest systems or automation issues: Steve Linnemann (202) 927-
0436.
For information on how to become ABI operational: Kris Crane (202) 927-
0452.
For operational or policy issues: Jim Casler (713) 313-2876.

SUPPLEMENTARY INFORMATION:

Background

    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). Subtitle B of title VI establishes the National Customs 
Automation Program (NCAP)--an automated and electronic system for the 
processing of commercial importations. Section 631 in Subtitle B of the 
Act creates sections 411 through 414 of the Tariff Act of 1930 (19 
U.S.C. 1411-1414), which define and list the existing and planned 
components of the NCAP (section 411), promulgate program goals (section 
412), and provide for the implementation and evaluation of the program 
(section 413). In addition section 645 of the Act provides for the 
electronic filing of protests. Section 411 (2) (A) defines the 
``electronic filing and status of protests'' as a ``Planned Component'' 
of the NCAP. Section 101.9(b) of the Customs Regulations (19 CFR 
101.9(b)), implements the testing of NCAP components. See T.D. 95-21 
(60 FR 14211, March 16,1995).

I. Description of the Test

The Concept of Electronic Protest Filing
    The Customs Service has developed transaction sets for the 
Automated Broker Interface (ABI) system which will allow the following 
to be filed electronically and their status tracked electronically:
    (1) Protests against decisions of the Customs Service under 19 
U.S.C. 1514;
    (2) Claims for refunds of Customs duties or corrections of errors 
requiring reliquidation pursuant to 19 U.S.C. 1520(c) and (d); and
    (3) Interventions in an importer's protest by an exporter or 
producer of merchandise from a country that is a party to the North 
American Free Trade Agreement under Sec. 181.115 of the Customs 
Regulations.
    Customs Regulations regarding who has the right to file a protest 
and the port having jurisdiction over the protest remain the same. For 
the purposes of the test, the date of filing for a protest will be 
determined by the date of ABI input of the protest based on midnight 
eastern standard time. A customhouse broker will be able to input the 
protest from any computer processing location, but will still have to 
be licensed to transact business at the port where the protest is 
filed.
    The test will be implemented at selected ports. Ports selected will 
depend in part upon the number of volunteers who transact Customs 
business at those ports and the anticipated volume of protests filed at 
those ports.

II. Eligibility Criteria

    In order to qualify for the electronic protest test, volunteers 
must be currently ABI operational, or become ABI operational, and 
willing to develop or acquire the software necessary to input protests 
into and interact with the electronic protest programming which has 
been established within Customs Automated Commercial System (ACS).
    Note that participation in this testing will not constitute 
confidential information and lists of participants will be made 
available to the public upon written request.
Test Participation Application
    This notice requests volunteers for the test. Protest filers who 
wish to volunteer for the test should contact the Trade Compliance 
Branch, U.S. Customs Service, 1301 Constitution Avenue, N.W., Room 
1322, Washington D.C. 20229-0001 on or after the date set forth in the 
effective date paragraph at the beginning of this notice.
Basis for Participation Selection
    Eligible filers will be considered for participation in the test. 
Those not selected for participation will be invited to comment on the 
design, conduct, and evaluation of the test. Selections will be based 
on anticipated volume of protests, ports identified as having 
jurisdiction over those protests, and the selectee's electronic 
abilities to interface with Customs ABI electronic protest programming. 
Participants selected will be notified by means of the Customs 
Electronic Bulletin Board and the Customs Administrative Message System 
and by letter of notification.

III. Test Evaluation Criteria

    Once participants are selected, Customs and the participants will 
meet to review all public comments received concerning any aspect of 
the test program or procedures, finalize procedures in light of those 
comments, form problem solving teams, and establish baseline measures 
and evaluation methods and criteria. At 90 days and 180 days after 
commencement, evaluations of the test will be conducted with the final 
results published in the Federal Register as required by Sec. 101.9(b) 
of the Customs Regulations.

    Dated: January 22, 1996.
Samuel H. Banks,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 96-1593 Filed 1-29-96; 8:45 am]
BILLING CODE 4820-02-P