NCBFAA comments to CBP’s proposed electronic notice of liquidation rules

NCBFAA_2013_VOTI_Final

 

In follow up to our recent post regarding US Customs’ proposal to modernize the paper-based Notice of Liquidation process by making it a paperless electronic system, NCBFAA has submitted comments to the proposed regulations.  The comments are generally supportive of CBP’s efforts, but include suggestions to improve the new process:

 

  • The NCBFAA supports the posting of liquidation information to the www.CBP.gov website provided that the link is indeed conspicuous. In this regard, we believe that the regulation should specify that the liquidation link will be visible on the CBP home page so that it is indeed conspicuous and remains so without regard to current or future website design. The trade should not have to search the website to locate the liquidation link.
  • The commentary to the NPRM provides that once the liquidation information has been posted electronically, the information will be available on www.cbp.gov for a minimum of 15 months. This commitment is not echoed in the draft regulation and it should be. This is critical for issues relating to the timeliness of claims and jurisdiction in the Court of International Trade. Similarly, the process for requesting access to notices that are no longer available on the website should be codified in the regulations.
  • The NPRM proposes to modify section 159.9(c)(2)(i) but continue to provide that for entries that liquidate by operation of law, notice “will be posted on www.cbp.gov within a reasonable period after each liquidation by operation of law.” In the electronic environment, CBP has the ability to post these liquidations immediately when they occur. There is no longer a basis for delayed notification and the regulation should be revised to provide that notice of liquidation for these entries will be posted on the date of liquidation. There is no basis to distinguish these entries from entries which are manually liquidated.

 

 

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