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DHS/USCBP RIN: 1651-AA45 Publication ID: Spring 2009 
Title: Cargo Information (Manifest) Discrepancy Reporting Requirements and Penalty Guidelines 
Abstract: Amendment to parts 4, 18, 113, 122, 123, 146, and 158 of the Customs and Border Protection regulations concerning cargo information (manifest) discrepancy reporting requirements for all modes of commercial transportation (air, sea, rail, and truck). Amendment sets forth corresponding guidelines for the assessment of penalties or claims for liquidated damages for manifesting violations. Amendment would require that any discrepancy from previously filed cargo information be reported to CBP by the responsible party immediately upon discovery and that such reports, with limited exceptions, be submitted to CBP in an electronic format. Amendment would eliminate Customs Form 5931 and require that cargo declaration information be kept for a period of 5 years after conveyance arrival. Also provides (as Appendices to the regulations) guidelines for the assessment of penalties for failing to reporting discrepancies. 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 19 CFR 4    19 CFR 18    19 CFR 113    19 CFR 122 and 123    19 CFR 146    19 CFR 158   
Legal Authority: 5 USC 301    19 USC 66    19 USC 1431    19 USC 1433 and 1434    19 USC 1436    19 USC 1581    19 USC 1584    19 USC 1498    46 USC app 3    46 USC app 91   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2009    
Additional Information: Transferred from RIN 1515-AD26
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Rebecca De Jesus
Attorney-Advisor, Penalties Branch
Department of Homeland Security
U.S. Customs and Border Protection
Regulations and Rulings, Mint Annex, 799 9th Street NW.,
Washington, DC 20229
Phone:202 325-0064

Jeremy Baskin
Director, Border Security and Trade Compliance Division
Department of Homeland Security
U.S. Customs and Border Protection
Regulations and Rulings, Mint Annex, 799 Ninth Street NW.,
Washington, DC 20229
Phone:202 325-0266