======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 20 and Part 111 Proposed Amendment of International Mail Manual Part 123, Customs Forms; and Domestic Mail Manual, Part E010, Overseas Military Mail AGENCY: Postal Service. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Postal Service proposes amending International Mail Manual part 123 and Domestic Mail Manual part E010 to change the conditions under which customs declaration forms will be used on international and military mail items and the use of these forms by the Postal Service. Customs declaration forms will be required, with certain exceptions, for the following types of mail: International letters and letter packages weighing more than 16 ounces; printed matter weighing more than 16 ounces; small packets, matter for the blind, M-bags, parcel post packages, and Express Mail International Service items; and all domestic mail weighing more than 16 ounces sent to or from overseas military post offices (APO and FPO destinations). This change should enhance aviation security by establishing procedures that will discourage the use of the mails to send, knowingly or unknowingly, dangerous goods or explosives. The key aspects of the system are (1) the face-to-face interaction between the mailer and a postal employee; (2) the completion of a customs declaration form containing the mailer's name, address, and signature; (3) the inclusion of a statement on the form regarding the safety of the contents and the security controls to which that mail is subject; and (4) the retention of one copy of the form until such time as delivery would be completed. DATES: Comments must be received on or before January 27, 1995. ADDRESSES: Written comments should be mailed or delivered to the Manager, Pricing, U.S. Postal Service, 475 L'Enfant Plaza, SW, Washington, DC 20260-2406. Copies of all written comments will be available for public inspection and photocopying between 9 a.m. and 4 p.m., Monday through Friday, in room 6670 at the above address. FOR FURTHER INFORMATION CONTACT: Walter J. Grandjean, (202) 268-5180. SUPPLEMENTARY INFORMATION: The United States is a member of the Universal Postal Union (UPU). By virtue of that membership, the U.S. Postal Service adheres to the agreements of the UPU to which it is signatory. Specifically, both the Universal Postal Convention (Convention) and the Postal Parcels Agreement (Parcels Agreement) provide for the use of customs declaration forms on certain international mail items to facilitate customs examination, collection of duties and taxes, and delivery to the addressee. The Convention and the Parcels Agreement provide formats for the forms given to mailers by postal administrations. With some exceptions, the Postal Service follows the format of these forms and provides them to the public for use on international mail, as appropriate. In most cases, customs declaration forms are required before items possibly subject to customs duties or taxes are accepted by the Postal Service for transmission to the destination foreign country. Currently, the mailer must declare the contents in detail and show the value of the articles in the mail. Some forms require the identities of the mailer and recipient and a signed declaration that the mail item does not contain harmful matter. As a matter of routine, the Postal Service does not keep a copy of the declaration or maintain any information about the item, except at the dispatching exchange office where records are maintained for accounting purposes. This information is limited to the number of the item if registered or insured, the origin and destination of the item, and the weight of the item. The Postal Service proposes changing these procedures and the documentation required for international mail weighing more than 16 ounces, military mail weighing more than 16 ounces, and mail on which a customs declaration form must be attached as follows: (1) Mail requiring customs declaration forms may be deposited only at post office windows. Such mail found in collection boxes will be returned to the sender. (2) The revised Postal Service customs declaration forms will require the sender's name and address on the forms and will require the sender to sign a certification that the mail does not contain dangerous articles. (3) The Postal Service will retain a copy of the customs declaration form until the mail is delivered. (4) When the Postal Service determines that there is a credible threat that certain mail might contain explosives or other material that would endanger life or property, it may institute additional security measures such as requiring identification of the mailer before accepting mail weighing more than 16 ounces. This change should enhance aviation security by establishing procedures that discourage the use of the mails to send, knowingly or unknowingly, dangerous goods or explosives. It is neither designed nor intended to be a foolproof preventive measure. This change would, however, serve as an additional deterrent for an individual knowingly mailing dangerous items, while providing notice to an individual who is unaware of the prohibition against mailing dangerous or prohibited goods. The Postal Service also proposes to exempt known mailers from these requirements when alternative procedures will provide comparable levels of security, for example, a signed mailing statement for bulk mail certifying that all the mail covered by the mailing statement does not contain any dangerous material. As a part of this change, the Postal Service is reducing from four to two the number of different customs declaration forms provided to the mailing public. The UPU is expected to adopt new forms, and the Postal Service forms will conform to the UPU standards. Specimens of the proposed Postal Service forms are published with this notice. Although 39 U.S.C. 407 does not require advance notice and opportunity for submission of comments, and the Postal Service is exempted by 39 U.S.C. 410(a) from the advance notice requirements of the Administrative Procedure Act regarding rulemaking (5 U.S.C. 553), the Postal Service invites public comment at the above address. The Postal Service proposes to adopt the following amendments to the International Mail Manual and the Domestic Mail Manual, which are incorporated by reference in the Code of Federal Regulations. See 39 CFR 20.1 and 39 CFR 111.1. List of Subjects 39 CFR Part 20 Foreign relations, Incorporation by reference, International postal services. 39 CFR Part 111 Administrative practice and procedure, Postal Service. PART 20--[AMENDED] 1. The authority citation for 39 CFR part 20 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408. 2. The International Mail Manual is amended by revising part 123, Customs Forms, to read as follows: 123 Customs Forms. 123.1 General. Two customs declaration forms are used on international mail: Form 2976, Customs-Douane C1; and Form 2976-A, Customs Declaration and Dispatch Note--C2/CP3/CP2. Form 2976-E, Customs Declaration Envelope, is used with Form 2976-A. Only editions printed after [DATE TO BE DETERMINED BY POSTAL SERVICE] may be used. 123.2 Availability. Customs declaration forms are available at post offices without charge. On request, mailers may receive a reasonable supply for preparation of mail. 123.3 Privately Printed Forms. Mailers may privately print Form 2976 if it is an exact facsimile of the form printed by the Postal Service. Mailer information may be preprinted on the form. Mailers may privately print Form 2976-A only if authorized by the Manager, Business Mail Acceptance, USPS Headquarters, 475 L'Enfant Plaza, SW, Washington, DC 20260-6808. Mailers must submit a preproduction sample similar to the Form 2976-A printed by the Postal Service. If the mailer prefers using a manifest instead of printing the post office copy of Form 2976- A, this use must be indicated with the request for privately printing the form. 123.4 Nonpostal Forms. Certain items must bear one or more of the forms required by the nonpostal export regulations described in Chapter 5. 123.5 Place of Mailing. Items requiring customs declaration forms may be mailed only by presenting the items and completed forms at a post office; such items may not be deposited into street collection boxes. Express Mail items paid by corporate account may be deposited into collection boxes. The acceptance clerk removes the post office copy and forwards it to the appropriate location for storage. Items found in collection boxes or not presented to an acceptance clerk are returned to the sender for proper mailing and acceptance. 123.6 Required Usage 123.61 Conditions. Customs declaration forms, either Form 2976 or Form 2976-A, must be used as shown in Exhibit 123.61. ----------------------------------------------------------------------- Item Declared value Required form ----------------------------------------------------------------------- Nondutiable letters and .................... None................ letter packages 16 ounces and under. Dutiable letters and Under $400.......... 2976 or 2976-A* 2976- letter packages and all $400 and over....... A*. letters and letter packages over 16 ounces. Nondutiable printed .................... None................ matter 16 ounces and under. Dutiable printed matter Under $400.......... 2976 or 2976-A*..... and all printed matter $400 and over....... 2976-A*............. over 16 ounces. Matter for the blind..... Under $400.......... 2976 or 2976-A*..... $400 and over....... 2976-A*............. Small packets............ Under $400.......... 2976 or 2976-A*..... $400 and over....... 2976-A*............. Parcel post.............. .................... 2976-A.............. Express Mail............. .................... 2976 or 2976-A, as required. M-bag.................... Under $400.......... 2976 or 2976-A*..... $400 and over....... 2976-A*............. ----------------------------------------------------------------------- -------------------------------------------------------------------- Item Placement Observation -------------------------------------------------------------------- Nondutiable letters and .................... ................... letter packages 16 ounces and under. Dutiable letters and Outside, Inside..... Known mailers may letter packages and all Inside.............. be exempt from letters and letter using forms on packages over 16 ounces. nondutiable items over 16 ounces (see 123.62). Nondutiable printed .................... ................... matter 16 ounces and under. Dutiable printed matter Outside, Inside..... Known mailers may and all printed matter Inside.............. be exempt from over 16 ounces. using forms on nondutiable items over 16 ounces (see 123.62). Matter for the blind..... Outside, Inside..... ................... Inside.............. Small packets............ Outside, Inside..... ................... Inside.............. Parcel post.............. Outside............. Form 2976 may not be used on parcel post. Express Mail............. Outside, Outside.... See Individual Country Listings. M-bag.................... Outside, Inside..... ................... Inside.............. -------------------------------------------------------------------- *When Form 2976-A is enclosed in the item, the top part of Form 2976 must be affixed to the outside of the item. Customs Declaration Forms Usage Exhibit 123.61 123.62 Known Mailers. Known mailers having advance deposit accounts or customer identification numbers for international mailing programs (such as International Surface Air Lift, International Priority Airmail, or VALUEPOST/Canada) may be exempt from providing customs declaration forms as required in 123.61 on nondutiable letters, letter packages, and printed matter weighing more than 16 ounces. Such mailers must complete the declaration on the mailing statement, certifying that all mailpieces in the mailing do not contain hazardous material. 123.63 Additional Security Controls. When the chief postal inspector determines that there is a unique, credible threat, a mailer can be required to provide photo identification at the time of mailing. The signature on the identification must match the signature on the customs declaration form. 123.7 Completing Customs Forms. 123.71 Form 2976 (Green Label). 123.711 Preparation by Sender. The sender must complete Form 2976, Customs-Douane C1, and affix this form to the address side of each letter or letter package containing dutiable merchandise; each package of dutiable printed matter; each small packet; each item mailed as matter for the blind; each M-bag; and all items, whether dutiable or not, that weigh more than 16 ounces. Form 2976 may be used on Express Mail items as specified in the Individual Country Listings. (Form 2976 may not be used on parcel post packages; Form 2976-A is used on such packages. Form 2976-A is also required on items valued at $400 or more (see 123.72)). A sender completes Form 2976 by: a. Providing a complete and accurate description in English of the contents of the item, even if it contains a gift, merchandise, or sample. General descriptions such as "food," "medicine," "gift," or "clothing" are not permitted. An interline translation in another language is permitted. The exact quantity of each article in the item must be stated. b. Declaring the value of the item in U.S. dollars. The sender may declare that the contents have no value; however, indicating no value does not exempt the item from customs examination or charges in the destination country. c. Indicating in the appropriate box on the form whether the item is a gift, merchandise, or sample. If it is not, the sender does not check a box. d. Entering his or her full name and address in the block indicated. e. Signing his or her name in the blocks indicated on each part of the form. The sender's signature certifies that all entries are correct and that the mail does not contain any dangerous articles prohibited by postal regulations. f. Affixing the form to the address side of the mailpiece and presenting it for mailing. 123.712 Preparation by Accepting Clerk. The clerk accepting the item for mailing must: a. Instruct the sender how to complete the customs declaration form, as required, legibly and accurately. Failure to complete the form properly can delay the mail or inconvenience the addressee. Moreover, a false, misleading, or incomplete declaration can result in the seizure or return of the item or can result in criminal or civil penalties. The U.S. Postal Service assumes no responsibility for the accuracy of information that the sender enters on the form. b. When the item is presented, verify that the required information is entered and that the sender has signed both parts (the part affixed to the item and the part separated for postal records). c. Enter the weight of the item on the form, if not already done. d. Remove the post office copy and retain it for 30 days. 123.72 Form 2976-A. 123.721 Preparation by Sender. The sender must complete Form 2976- A, Customs-Declaration and Dispatch Note--C2/CP3/CP2; place it into Form 2976-E, Customs Declaration Envelope; and affix this envelope to the address side of each parcel post package. Form 2976-A may be used on Express Mail items as specified in the Individual Country Listings. (Other items (LC/AO) valued at $400 or more also use Form 2976-A, placed inside the item as required by 123.61. If the sender does not want to show the contents of these LC/AO items on the wrapper, only the top part of the form is affixed to the wrapper and Form 2976-A is completed and enclosed in the package.) A sender completes Form 2976-A by: a. Providing the names and addresses of the sender and addressee. b. Providing a complete and accurate description in English of the contents of the parcel or item, even if it contains a gift, merchandise, or sample. General descriptions such as "food," "medicine," "gift," or "clothing" are not permitted. An interline translation in another language is permitted. The exact quantity of each article in the parcel or item must be stated. c. Declaring the value of the item in U.S. dollars. The sender may declare that the contents have no value; however, indicating no value does not exempt the parcel or item from customs examination or charges in the destination country. If there is not sufficient space on the customs declaration form to give a complete list of the contents, a second form should be used to continue listing the contents. The first form must then be annotated to indicate that there are two forms. Both forms are placed into the envelope. d. Indicating in the appropriate box on the form whether the parcel or item is a gift, merchandise, or sample. If it is not, the sender does not check a box. e. Providing disposal instructions in the event that the parcel cannot be delivered. The sender checks the appropriate box on the form to indicate whether the parcel is to be returned, forwarded to an alternate address, or treated as abandoned. (Undeliverable parcels returned to the sender are subject to collection on delivery of return postage and any other charges assessed by the foreign postal authorities. The sender must mark the parcel "Abandon" if he or she is not willing to pay return postage.) f. Signing his or her name in the block indicated. The sender's signature certifies that all entries are correct and that the parcel or item does not contain any dangerous articles prohibited by postal regulations. g. Presenting the parcel or item for mailing at a post office. The sender must not place the customs declaration form into the envelope before the accepting clerk completes the required information. 123.722 Preparation by Accepting Clerk. The clerk accepting the parcel or item for mailing must: a. Instruct the sender how to complete the customs declaration form, as required, legibly and accurately. Failure to complete the form properly can delay the mail or inconvenience the addressee. Moreover, a false, misleading, or incomplete declaration can result in the seizure or return of the parcel or item or can result in criminal or civil penalties. The U.S. Postal Service assumes no responsibility for the accuracy of information that the sender enters on the form. b. When the item is presented, verify that the required information is entered and that the sender has signed the declaration. c. Complete an insurance receipt and affix the insured number to the package, if the contents of a parcel post package are to be insured. Enter the insured number, insured amount in U.S. dollars and SDRs, postage, and gross weight (pounds and ounces) on Form 2976-A. d. Remove the post office copy and retain it for 30 days. e. Insert the customs declaration form (Form 2976-E) into the envelope and seal and affix the envelope to the parcel or item. * * * * * 242.3 Mailing Locations. 242.31 General. Items requiring customs declaration forms may be mailed only by presenting the items and completed forms at a post office; such items may not be deposited into street collection boxes. Express Mail items paid by corporate account may be deposited into collection boxes. Items not requiring customs declaration forms and fully prepaid with postage stamps or meter postage may be deposited into post office drops or collection boxes. (See 123.61 for a summary of items requiring customs declaration forms.) * * * * * PART 111--[AMENDED] 3. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001- 3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 4. The Domestic Mail Manual is amended by adding section 2.6 to part E010, Overseas Military Mail, to read as follows: E010.2.6 Customs Declarations. All mail items weighing more than 16 ounces that are addressed to overseas military post offices must bear Form 2976, Customs-Douane C1, and must be presented for mailing at a post office. Certain destination military post offices require Form 2976-A, Customs Declaration and Dispatch Note--C2/CP3/CP2. Refer to the chart "Conditions Applied to Mail Addressed to Military Post Offices Overseas," published periodically in the Postal Bulletin. Known mailers presenting bulk mailings declared on a mailing statement are not required to use customs declaration forms unless required by the chart. See IMM 123 for information on completing these forms. * * * * * Stanley F. Mires, Chief Counsel, Legislative. GRAPHIC FILE NOT AVAILABLE ON RIBBS [FR Doc. 94-31905 Filed 12-27-94; 8:45 am]