CSMS Message: 08-000121

PLEASE NOTE: Originally issued as CSMS #08-000116. Wording has been changed in paragraph 3 of this revised message.
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The purpose of the message is to inform filers that they may now use Remote Location Filing (RLF) and Electronic Interface Program (EIP) to make entry of goods subject to Environmental Protection Agency (EPA) Declaration Form 3520-1 or Engine Declaration Form 3520-21 documentation. The EPA does not authorize release of Independent Commercial Importer (ICI) imports with nonconforming codes A, C, J and Z (EPA Form 3520-1). Therefore, entries for nonconforming ICI imports may not be filed via EIP/RLF.

In an effort to expand the use of EIP/RLF within our current Automated Commercial System (ACS), Customs and Border Protection (CBP) will allow EIP/RLF filers to certify they are maintaining the aforementioned EPA documentation on file in accordance with the 19 CFR Part 163—Interim (a)(1)(A) List. Please note that in the future, with the full integration entry summary processing into the Automated Commercial Environment (ACE), the prescribed format for submission to CBP of EPA Form 3520-1 and Form 3520-21 data is subject to change.

Filers will transmit, at the time of entry, the appropriate alpha numeric code associated with the EPA form number in the commercial description field of the C35 record. Further, filers will certify that the merchandise complies with all applicable EPA rules and orders. Original EPA forms will be retained in accordance with recordkeeping requirements as stated in 19 CFR Part 163.

Statement Code: "+"
Denotes: Positive certification for all shipments require EPA Form 3520-1 and/or 3520-21. I certify that the merchandise on this line complies with all applicable EPA rules and orders.

Statement Code: "-"
Denotes: Negative certification. I certify that the merchandise on this line does not require either EPA Form 3520-1 or 3520-21.

For example:

“EPA 3520-1(with the appropriate statement code (+ or -) and the appropriate alpha code)”
“EPA 3520-21 (with the appropriate statement code (+ or -) and the alphanumeric code)”

CBP and EPA will continue to monitor imports of engines to determine if shipments and their documentation comply with the certification requirements. CBP will refuse entry to any shipment without proper certification.

Questions concerning EPA requirements should be referred to Virginia McPherson, Interagency Requirements Branch, at (202) 863-6563. Questions concerning EIP and RLF processing should be referred to Marla Bianchetta, Entry, Summary and Drawback Branch, at (202) 863-6539.