| Title: | CUSTOMS BUSINESS |
|---|---|
| Date: | 1994-06-27 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : A WILLIAM PATTERSON
SUBJECT : CUSTOMS BUSINESS
DATE : 06/23/94
TO : ALL REGIONAL DIRECTORS COMMERCIAL OPERATIONS
ALL DISTRICT DIRECTORS
FROM : DIRECTOR, OFFICE OF TRADE OPERATIONS
SUBJECT: "CUSTOMS BUSINESS" REDEFINED IN THE CUSTOMS
MODERNIZATION ACT
SECTION 648 OF THE CUSTOMS MODERNIZATION ACT AMENDED 19 USC
1641(A) TO BROADEN THE DEFINITION OF "CUSTOMS BUSINESS". IT
STATES THAT "IT ALSO INCLUDES THE PREPARATION OF DOCUMENTS OR
FORMS IN ANY FORMAT AND THE ELECTRONIC TRANSMISSION OF DOCUMENTS,
INVOICES, BILLS, OR PARTS THEREOF, INTENDED TO BE FILED WITH THE
CUSTOMS SERVICE IN FURTHERANCE OF SUCH ACTIVITIES, WHETHER OR NOT
SIGNED OR FILED BY THE PREPARER, OR ACTIVITIES RELATING TO SUCH
PREPARATION, BUT DOES NOT INCLUDE THE MERE ELECTRONIC
TRANSMISSION OF DATA RECEIVED FOR TRANSMISSION TO CUSTOMS."
CUSTOMS PREVIOUS INTERPRETATION HELD THAT PREPARATION OF
ENTRY AND DRAWBACK DOCUMENTS THAT WERE NOT SIGNED BY NOR FILED
WITH CUSTOMS BY THE PREPARER DID NOT CONSTITUTE CUSTOMS BUSINESS.
THIS PROVISION EFFECTIVELY OVERRULED THAT INTERPRETATION SO THAT
THE TERM "CUSTOMS BUSINESS" ENCOMPASSES THE MERE PREPARATION OF
DOCUMENTS.
CUSTOMS BUSINESS IS NOW DEFINED TO INCLUDE: "...THE
PREPARATION OF DOCUMENTS OR FORMS IN ANY FORMAT AND THE
ELECTRONIC TRANSMISSION OF DOCUMENTS, INVOICES, BILLS, OR PARTS
THEREOF, INTENDED TO BE FILED WITH THE CUSTOMS SERVICE IN
FURTHERANCE OF SUCH ACTIVITIES, WHETHER OR NOT SIGNED OR FILED BY
THE PREPARER, OR ACTIVITIES RELATING TO SUCH PREPARATION, BUT
DOES NOT INCLUDE THE MERE ELECTRONIC TRANSMISSION OF DATA
RECEIVED FOR TRANSMISSION TO CUSTOMS."
PENALTIES ARE NOW APPLICABLE TO THESE ACTIVITIES PURSUANT TO
19 USC 1641 AND PART 171, APPENDIX C, SUBSECTION II, OF THE
CUSTOMS REGULATIONS. COMPLIANCE POLICY AS ARTICULATED IN CD
3530-007, DATED AUGUST 11, 1992, REMAINS IN EFFECT.
PLEASE AFFORD THE WIDEST POSSIBLE PUBLICITY TO THIS NEW
PROVISION, INCLUDING COUNSELING TO CARRIERS, CONSULTANTS,
"SPECIALISTS" AND OTHER AFFECTED PARTIES.
DETAILED CHANGES WILL BE MADE TO THE CUSTOMS REGULATIONS TO
REFLECT THESE CHANGES. IF YOU HAVE ANY QUESTIONS, PLEASE E-MAIL
BRUCE FRIEDMAN OR CALL (202)- 927-0916.
PHILIP METZGER