19 U.S.C. § 1414 — Remote location filing

Page 150 TITLE 19—CUSTOMS DUTIES § 1414 (2) Implementation (A) The Secretary may implement on a per- manent basis any Program component re- ferred to in paragraph (1) on or after the date which is 30 days after paragraph (1)(D) is com- plied with. (B) For purposes of subparagraph (A), the 30 days shall be computed by excluding— (i) the days either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and (ii) any Saturday and Sunday, not ex- cluded under clause (i), when either House is not in session. (3) Evaluation and report The Secretary shall— (A) develop a user satisfaction survey of parties participating in the Program; (B) evaluate the results of the user satis- faction survey on a biennial basis (fiscal years) and transmit a report to the Commit- tees on the evaluation by no later than the 90th day after the close of each 2d fiscal year; (C) with respect to the existing Program component listed in section 1411(a)(1)(G) of this title transmit to the Committees— (i) a written evaluation of such compo- nent before the 180th day after December 8, 1993, and before the implementation of the planned Program components listed in sec- tion 1411(a)(2)(B) and (C) of this title, and (ii) a report on such component for each of the 3 full fiscal years occurring after December 8, 1993, which report shall be transmitted not later than the 90th day after the close of each such year; and (D) not later than the 90th day after the close of fiscal year 1994, and annually there- after through fiscal year 2000, transmit to the Committees a written evaluation with respect to the implementation and effect on users of each of the planned Program compo- nents listed in section 1411(a)(2) of this title. In carrying out the provisions of this para- graph, the Secretary shall publish requests for comments in the Customs Bulletin and shall consult with the trade community, including importers, brokers, shippers, and other af- fected parties. (c) Committees For purposes of this section, the term ‘‘Com- mittees’’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (June 17, 1930, ch. 497, title IV, § 413, as added Pub. L. 103–182, title VI, § 631(2), Dec. 8, 1993, 107 Stat. 2189; amended Pub. L. 104–295, § 21(e)(15), Oct. 11, 1996, 110 Stat. 3531.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to December 8, 1993. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1414. Remote location filing (a) Core entry information (1) In general A Program participant may file electroni- cally an entry of merchandise with the Cus- toms Service from a location other than the district designated in the entry for examina- tion (hereafter in this section referred to as a ‘‘remote location’’) if— (A) the Customs Service is satisfied that the participant has the capabilities referred to in paragraph (2)(A) regarding such meth- od of filing; and (B) the participant elects to file from the remote location. (2) Requirements (A) In general In order to qualify for filing from a remote location, a Program participant must have the capability to provide, on an entry-by- entry basis, for the following: (i) The electronic entry of merchandise. (ii) The electronic entry summary of re- quired information. (iii) The electronic transmission of in- voice information (when required by the Customs Service). (iv) The electronic payment of duties, fees, and taxes. (v) Such other electronic capabilities within the existing or planned components of the Program as the Secretary shall by regulation require. (B) Restriction on exemption from require- ments The Customs Service may not permit any exemption or waiver from the requirements established by this section for participation in remote entry filing. (3) Conditions on filing under this section The Secretary may prohibit a Program par- ticipant from participating in remote location filing, and may remove a Program participant from participation in remote location filing, if the participant— (i) fails to meet all the compliance re- quirements and operational standards of re- mote location filing; or (ii) fails to adhere to all applicable laws and regulations. Page 151 TITLE 19—CUSTOMS DUTIES § 1415 (4) Alternative filing Any Program participant that is eligible to file entry information electronically from a remote location but chooses not to do so in the case of any entry must file any paper doc- umentation for the entry at the designated lo- cation referred to in subsection (d). (b) Additional entry information (1) In general A Program participant that is eligible under subsection (a) to file entry information from a remote location may, if the Customs Service is satisfied that the participant meets the re- quirements under paragraph (2), also elec- tronically file from the remote location addi- tional information that is required by the Cus- toms Service to be presented before the ac- ceptance of entry summary information and at the time of acceptance of entry summary information. (2) Requirements The Secretary shall publish, and periodically update, a list of those capabilities within the existing and planned components of the Pro- gram that a Program participant must have for purposes of this subsection. (3) Filing of additional information (A) If information electronically acceptable A Program participant that is eligible under paragraph (1) to file additional infor- mation from a remote location shall elec- tronically file all such information that the Customs Service can accept electronically. (B) Alternative filing If the Customs Service cannot accept addi- tional information electronically, the Pro- gram participant shall file the paper docu- mentation with respect to the information at the appropriate filing location. (C) Appropriate location For purposes of subparagraph (B), the ‘‘ap- propriate location’’ is— (i) before January 1, 1999, a designated location; and (ii) after December 31, 1998— (I) if the paper documentation is re- quired for release, a designated location; or (II) if the paper documentation is not required for release, a remote location designated by the Customs Service or a designated location. (D) Other A Program participant that is eligible under paragraph (1) to file additional infor- mation electronically from a remote loca- tion but chooses not to do so must file the paper documentation with respect to the in- formation at a designated location. (c) Post-entry summary information A Program participant that is eligible to file electronically entry information under sub- section (a) and additional information under subsection (b) from a remote location may file at any remote location designated by the Cus- toms Service any information required by the Customs Service after entry summary. (d) Definitions As used in this section: (1) The term ‘‘designated location’’ means a customs office located in the customs district designated by the entry filer for purposes of customs examination of the merchandise. (2) The term ‘‘Program participant’’ means, with respect to an entry of merchandise, any party entitled to make the entry under section 1484(a)(2)(B) of this title. (June 17, 1930, ch. 497, title IV, § 414, as added Pub. L. 103–182, title VI, § 631(2), Dec. 8, 1993, 107 Stat. 2191.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1415. Mandatory advance electronic informa- tion for cargo and other improved customs reporting procedures (a) Cargo information (1) In general (A) Subject to paragraphs (2) and (3), the Secretary is authorized to promulgate regula- tions providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo. (B) The Secretary shall endeavor to promul- gate an initial set of regulations under sub- paragraph (A) not later than October 1, 2003. (2) Information required The cargo information required by the regu- lations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information on cargo as the Secretary determines to be reasonably nec- essary to ensure cargo safety and security pur- suant to those laws enforced and administered by the Customs Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pur- suant to paragraph (1). (3) Parameters In developing regulations pursuant to para- graph (1), the Secretary shall adhere to the following parameters: (A) The Secretary shall solicit comments from and consult with a broad range of par-