CBP Agrees with GIFs on De Minimis Additional Duties, Form Data Storage, Etc.
U.S. Customs and Border Protection has posted the June 2010 Trade Support Network monthly activity report, which summarize the activity of all of the TSN Committees and Subcommittees for June.
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(TSN is a group of trade representatives who provide input into the design and development of modernization projects, such as ACE. CBP has been meeting with the TSN since May 2001 regarding the development of ACE. TSN consists of members of the trade community, including trade associations, importers, brokers, carriers, sureties, and others.)
Recordkeeping, Additional Duty, PSC, and Other GIFs Discussed
In a committee conference call on June 17, 2010, the TSN Legal/Policy Committee discussed the following Great Idea Forms (GIFs) and received input:
CBP Agrees to Remove Country of Ultimate Destination as Carrier Responsibility
With regard to the GIF calling for the removal of “Country of Ultimate Destination” as a carrier responsibility (EXP-2), CBP agrees with the trade and is beginning the regulatory re-write necessary to accomplish this.
CBP Agrees to Forgo Collection of Up to $20 Additional Duties
The Post Summary Corrections and De Minimis GIF (ENT-5) involved the trade asking that CBP forgo collection of up to $20 additional duties. CBP is in agreement, but cautioned that all corrections must be filed, even if no collection of funds will take place, where corrections to amounts, quantities and the like are involved.
CBP Agrees to Allow Trade to Store Data Elements for Forms
With regard to importer recordkeeping requirements (ENT-2), the trade had asked that, because forms change over time, it be allowed to store the data elements only and, if asked to produce documentation, it be allowed to provide in any form, provided that all the data elements required on the form being requested (i.e., CBP Form 7501, CBP Form 3461) can be produced. CBP agreed that this is acceptable.
CBP Disagrees with Trade’s Request for CBP to Only Keep Accepted Entry Form
As for versioning and importer recordkeeping requirements (ENT-3), the trade had suggested that, rather than keeping all versions of an entry or entry summary that are transmitted to CBP, it maintain only the version accepted on the statement.
CBP is taking the legal position that virtually all versions of an entry that are transmitted to CBP must be kept, not just the statement version. This caused significant concern in the trade because in the majority of cases, it is not being done now, and most likely never has been.
However, 19 CFR163.6(b)(3)(iii) precludes CBP from penalizing anyone for failure to maintain a document if it has been provided to Customs, and this would seem to preclude Customs from penalizing the trade for failure to maintain all electronic versions of an entry or entry summary. The committee has asked CBP for concurrence.
MMM, Export Committees Working on Export Manifest Requirements for ACE
The Export Committee and Multi-Modal Manifest Committee trade co-chairs met with representatives from CBP to discuss the status of export manifest requirements that the two committees are developing.
The MMM Export Manifest Task Group, in conjunction with the Export Committee, is developing an export manifest business case for submission to CBP and the Census Bureau. The export committee has also developed and submitted an Export Manifest GIF (CSPO-GIF-940) that is currently documented in the CBP database.
All TSN GIFs are available here.