International TradeNewsletter - March 8, 2002
In this Issue...
U.S. Customs
March 8, 2002
- U.S. Customs has issued proposed regulations pertaining to air commerce to
provide that, once an air waybill number is used on an air cargo manifest,
one year must elapse before the same air waybill number may be used on
another air cargo manifest. U.S. Customs will continue to required that air
cargo manifests use unique identifier numbers and be listed on vessel
manifests. The proposed regulations aim to facilitate air cargo by loosening
the current prohibition against the re-use of an air waybill number for
three years after it is used on an air cargo manifest. Also, the large
volume of importations is affecting the availability of usable numbers for
air cargo manifests. The proposed amendment also specifies that air cargo
manifests must reference an 11-digit air waybill number for each air waybill
it covers. The document requests comments on the proposed changes on or
before April 30, 2002. Written comments regarding both the substantive
aspects of the proposed rule and how it may be made easier to understand,
may be submitted to and inspected at the Regulations Branch, Office of
Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue,
NW., 3rd Floor, Washington, D.C. 20229. For further information, visit their Web site.
or consult a Holland & Knight trade attorney.
- Effective February 28, 2002, U.S. Customs has adopted a final rule
implementing the relevant provisions of the Civil Asset Forfeiture Reform
Act of 2000 (CAFRA). CAFRA created general rules governing civil forfeiture
proceedings, but specifically exempted from certain of its requirements
forfeitures that were made under customs laws, among others. The regulations
added a new subpart H to part 162 of the customs regulations (19 CFR part
162, subpart H) to specify the duties and obligations concerning civil
forfeiture proceedings of customs officials, confer additional rights on
property owners or interested parties, provide guidance to customs officials
in the processing of property seized for forfeiture under the CAFRA, and
identify the customs official who will grant extensions of time for sending
notices of seizure and rule on requests for immediate release of seized
property. The regulations also clarify that any person who accepts a
remission or mitigation decision will not be considered to have
substantially prevailed in a civil forfeiture proceeding for purposes of
being able to collect any fees, costs or interest from the government. With
the exception of this provision in new Sec. 171.24, seizures exempted from
the requirements of section 2 of the CAFRA will be processed in accordance
with existing regulations. A copy of the final rules and customs response to
submitted comments are available at their Web site.