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DHS/USCBP RIN: 1651-AB33 Publication ID: Fall 2019 
Title: ●Mandatory Advance Electronic Information for International Mail Shipments 
Abstract:

This rule requires the United States Postal Service (USPS) to transmit certain advance electronic information to U.S. Customs and Border Protection (CBP) for international mail shipments pursuant to section 8003 of the Synthetics Trafficking and Overdose prevention Act of 2018 (STOP Act), title VIII of Public Law No. 115-271, the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT for Patients and Communities Act). Section 8003 of the STOP Act amends section 343(a)(3)(K) of the Trade Act of 2002 (19 U.S.C. 1415) to require the Secretary of the Department of Homeland Security (DHS) to prescribe regulations to require the transmission of advance electronic information for international mail shipments. This rule also sets forth the applicable civil penalties for international mail shipments that are in violation of section 343(a)(3)(K) of the Trade Act of 2002 as prescribed by section 8007 of the STOP Act.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 19 CFR 4.7    19 CFR 122.48a    19 CFR 122.48b    19 CFR 123.91    19 CFR 123.92    19 CFR 145.0    19 CFR 145.73    19 CFR 145.74    19 CFR 145.75    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: STOP Act of 2018, Pub. L. 115-272, title VIII (October 24, 2018    Trade Act of 2002, as amended (19 U.S.C. 1415)   
Legal Deadline:
Action Source Description Date
Other  Statutory  Section 8009 of the STOP Act provides no later than 1 year after the date of the enactment of this Act, any necessary regulations shall be prescribed.  10/24/2019 

Overall Description of Deadline: Section 8009 of the STOP Act provides no later than 1 year after the date of the enactment of this Act, such regulations as are necessary to carry out this subtitle and the amendments made by this subtitle shall be prescribed. The STOP Act was enacted on October 24, 2018. Section 8003 of the STOP Act amends the Trade Act of 2002 to require the Secretary of the DHS to issue regulations regarding advance electronic data for mail importations.

Statement of Need:

This rule requires the United States Postal Service (USPS) to transmit certain advance electronic information to U.S. Customs and Border Protection (CVBP) for international mail shipments pursuant to section 8003 of the Synthetics Trafficking and Overdose prevention Act of 2018 (STOP Act), title VIII of Public Law No. 115-271, the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT for Patients and Communities Act). Section 8003 of the STOP Act amends section 343(a)(3)(K) of the Trade Act of 2002 (19 U.S.C. 1415) to require the Secretary of the Department of Homeland Security (DHS) to prescribe regulations to require the transmission of advance electronic information for international mail shipments. This rule implements that requirement. This rule also sets forth the applicable civil penalties for international mail shipments that are in violation of section 343(a)(3)(K) of the Trade Act of 2002 as prescribed by section 8007 of the STOP Act.

 

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

This rule will impose costs on the U.S. government and foreign postal services. The costs to the U.S. government include systems modification, systems maintenance costs, and opportunity costs. Costs to foreign postal services include accelerated systems modification costs and opportunity costs. This rule will result in a public health benefit through the prevention of importation of synthetic opioids, which will in turn lead to fewer opioid overdose fatalities.

 

Risks:

Timetable:
Action Date FR Cite
Interim Final Rule  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Quintin Clarke
Branch Chief, Manifest and Conveyance Security Division, Office of Field Operations
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue NW,
Washington, DC 20229
Phone:202 344-2524
Email: quintin.g.clarke@cbp.dhs.gov