Customs Committee Agenda for 4/5/07 Meeting - ncbfaa

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070222 v.1.0 business” using criteria that does not lend itself to the ability to advise CBP, in advance, of the location at which the “paper” documents will be stored. 1 Our members are mindful of the requirement, under 19 C.F.R. §111.25, that these records “must be made available upon reasonable notice” by an authorized Customs official, at the district office that submitted the entry, irrespective of where they are located. However, we believe that the manner in which this requirement is satisfied should be left to the judgment of the individual licensee. 2 In order to accomplish this result, we ask that you modify the current regulations so as to require only that the licensee provide the name of the individual, located within the particular broker district, designated as the “record keeper,” without also requiring the specific location of the records. Attached, for your consideration, are our suggestions to accomplish this. We would be pleased to meet with you or representatives of your staff to further discuss these matters. Please do not hesitate to contact us should further information be required. Sincerely, HAI:jov Enclosures Harvey A. Isaacs General Counsel 1 For instance, a broker may choose to keep records relating to a particular customer at the office that is designated to serve as the “point of contact” for that customer, rather than at a location within the “district.” Because this may involve storage at several locations for the records relating to a single permitted office, it may be impractical or burdensome to advise CBP as to the location of a particular record. 2 Given, the fact that documents are routinely placed in storage at remote locations, and the fact that those records Page 14 of 17 can be transferred between offices on an “overnight” basis, this would satisfy the requirement that they be “reasonably” available at the permitted location, although not stored there.
070222 v.1.0 NCBFAA Proposed Amendment to Part 163 1. Either, eliminate section 163.5(b)(1) from the Customs Regulations, or 2. Amend the provision to require only that the importer maintain the original record for the required period, as follows: § 163.5 Methods for storage of records. * * * * (b) Alternative method of storage- * * * * (2) Standards for alternative storage methods. Methods commonly used in standard business practice for storage of records include, but are not limited to, machine readable data, CD ROM, and microfiche. Methods that are in compliance with generally accepted business standards will generally satisfy CBP requirements, provided that the method used allows for retrieval of records requested within a reasonable time after the request and provided that adequate provisions exist to prevent alteration, destruction, or deterioration of the records. The following standards must be applied by recordkeepers when using alternative storage methods: * * * * (iii) Except in the case of packing lists (see § 163.4(b)(2)), entry records must be maintained by the importer in their original formats for a period of 120 calendar days from the end of the release or conditional release period, whichever is later, or, if a demand for return to CBP custody has been issued, for a period of 120 calendar days either from the date the goods are redelivered or from the date specified in the demand as the latest redelivery date if redelivery has not taken place; * * * * Page 15 of 17
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Customs Committee Agenda for 4/5/07 Meeting - ncbfaa

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