View Rule

U.S. Customs and Border Protection (CBP) operates two types of ports of entry: immigration ports of entry and customs ports of entry.  Immigration ports of entry are those used for the processing of travelers arriving by any means of travel into the United States.  Customs ports of entry, which include customs service ports, are those entry locations authorized to receive entries of merchandise for the collection of duties and for the enforcement of the various provisions of the customs and navigation laws.  In addition, CBP operates customs stations, which are locations outside the boundaries of customs ports of entry, but which, like customs ports of entry, are authorized to receive entries of merchandise and enforce the various provisions of the customs and navigation laws.  In most cases, customs ports of entry and customs stations exist within the same physical location as immigration ports and utilize the same CBP personnel for processing travelers and merchandise.  Despite the use of the same location and personnel, there are separate regulations governing the authority to establish, rearrange, consolidate, and close the immigration and Customs ports and stations. Authority regarding management of immigration ports is addressed in title 8 of the CFR, while Customs port and Customs station authority is addressed in title 19 of the CFR. See 8 CFR 100.4 and 234.4; 19 CFR 101.3 and 101.4. Prior to passage of the Homeland Security Act (the Act), the authority related to the management of Customs ports and Customs stations was held by the Secretary of the Treasury. The Act transferred the authority to the Secretary of Homeland Security. This final rule will amend the regulations to reflect that the authority to manage Customs ports of entry and Customs stations is held by the Secretary of Homeland Security.