On December 12, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [USCBP–2016–0065; CBP Dec. No. 16–25] that adopts as a final rule, with changes, proposed amendments to the CBP regulations (see 81 Fed. Reg. 71019, October 14, 2016) reflecting that official notice of liquidation, suspension of liquidation, and extension of liquidation will be posted electronically on the CBP Web site. The regulatory revisions reflect that official notice of liquidation will no longer be posted at the customhouses or stations and that official notices of suspension of liquidation and extension of liquidation will no longer be mailed. Additionally, the rule makes certain technical corrections to the CBP regulations to reflect statutory amendments. The major modifications to the proposed rule are as follows:

  • CBP has designed the functionality so that entries that are set for auto-liquidation, that is, liquidations that occur on the standard 314-day cycle without CBP intervention will continue to be made on Fridays. However, for manual liquidations where CBP action is required, liquidations will generally post to the Web site within 90 minutes after CBP processes the liquidation.
  • CBP has added language to 19 C.F.R. §§ 159.9(c)(1), 159.12(b), and 159.12(c) stating that notices of liquidation, extension, and suspension, respectively, will be maintained on the CBP Web site for a minimum of 15 months.
  • CBP has amended the regulation at 19 C.F.R. §159.9(c)(2)(i) to state that CBP will post information on when a liquidation by operation of law occurred when it has determined that an entry has liquidated by operation of law.
  • CBP has amended the regulation at 19 C.F.R. §159.9(d) to state that courtesy notices of the extension will be sent to the entry filer or its agent and the surety on an entry. CBP has amended the regulation at 19 C.F.R. §§159.12(b), (c), and (d)(2), to state that courtesy notices of the extension or suspension will be sent to the entry filer or its agent and the surety on an entry through a CBP-authorized electronic data interchange.

The final rule is effective on January 14, 2017.