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

submitted 96 years ago by Pub. L. 103-182 to r/title-19-CUSTOMS-DUTIES · 696 words · no verdicts yet

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A qualified Program participant may electronically file customs entry information from a remote location if the participant has the required capabilities and elects to do so. The section sets additional-information, paper-filing, post-entry, and location rules.

(a) Core entry information. (1) A Program participant may electronically file a merchandise entry with the Customs Service from a place other than the customs district named for examination—the “remote location”—if (A) the Service is satisfied that the participant has the capabilities in paragraph (2)(A), and (B) the participant chooses that location. (2)(A) The participant must be able, for each entry, to electronically enter the merchandise; enter the required summary; transmit invoice information when required; pay duties, fees, and taxes electronically; and provide other electronic capabilities that the Secretary requires by regulation within existing or planned Program components. (B) The Customs Service may not waive or exempt a participant from these remote-filing requirements. (3) The Secretary may bar or remove a participant that fails remote-filing compliance requirements or operating standards, or fails to follow applicable laws and regulations. (4) A participant eligible for remote filing that chooses not to use it for an entry must file that entry's paper documents at the designated location in subsection (d). (b) Additional entry information. (1) An eligible participant may also electronically file from the remote location information the Service requires before and when it accepts entry-summary information if the Service is satisfied that the participant meets paragraph (2). (2) The Secretary must publish and periodically update the required capabilities. (3)(A) The participant must electronically file all additional information the Service can accept electronically. (B) If it cannot accept the information electronically, paper documents go to the appropriate location. (C) Before January 1, 1999, that means a designated location. After December 31, 1998, it means a designated location if paper is required for release, or a Service-designated remote location or designated location if it is not required for release. (D) If the eligible participant chooses not to file electronically, it must file paper at a designated location. (c) Post-entry summary information. A participant eligible under (a) and (b) may file information required after entry summary at any remote location the Customs Service designates. (d) Definitions. “Designated location” means a customs office in the district designated for examination. “Program participant” means, for a merchandise entry, a party entitled to make the entry under section 1484(a)(2)(B).
the actual law source: uscode.house.gov ↗public domain
(a) Core entry information
(1) In general

A Program participant may file electronically an entry of merchandise with the Customs Service from a location other than the district designated in the entry for examination (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 method 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 required information.

(iii)

The electronic transmission of invoice 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 requirements

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 participant 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 requirements and operational standards of remote location filing; or

(ii)

fails to adhere to all applicable laws and regulations.

(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 documentation for the entry at the designated location 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 requirements under paragraph (2), also electronically file from the remote location additional information that is required by the Customs Service to be presented before the acceptance 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 Program 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 information from a remote location shall electronically file all such information that the Customs Service can accept electronically.

(B) Alternative filing

If the Customs Service cannot accept additional information electronically, the Program participant shall file the paper documentation with respect to the information at the appropriate filing location.

(C) Appropriate location

For purposes of subparagraph (B), the “appropriate location” is—

(i)

before January 1, 1999, a designated location; and

(ii)

after December 31, 1998—

(I)

if the paper documentation is required 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 information electronically from a remote location but chooses not to do so must file the paper documentation with respect to the information at a designated location.

(c) Post-entry summary information

A Program participant that is eligible to file electronically entry information under subsection (a) and additional information under subsection (b) from a remote location may file at any remote location designated by the Customs 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.

Source credit: (June 17, 1930, ch. 497, title IV, § 414, as added Pub. L. 103–182, title VI, § 631(2), Dec. 8, 1993, 107 Stat. 2191.)

history & why it existsrecord from the source credit
  • 1930Enacted · Pub. L. 103-182 · 107 Stat. 2191

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-182 on 1930-06-17.

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