EPA Amends Regs on Ozone-Depleting Substances to Implement Electronic Filing
The Environmental Protection Agency is amending its regulations on importation and exportation of ozone-depleting substances to implement electronic filing through the International Trade Data System (ITDS), in a direct final rule (here). Effective May 9, EPA is removing the requirement that importers submit a petition along with entry documentation for certain ozone depleting substances, and is eliminating references to paper forms that CBP will no longer use as it moves to the Automated Commercial Environment. If EPA receives adverse comments by March 10, it will withdraw the direct final rule and consider the changes as a proposal (here).
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Under the direct final rule, importers of used controlled substances will no longer need to file their petition for an EPA non-objection notice with CBP. According to EPA, the detailed information in a petition is not “necessary for CBP to make a determination” of admissibility, given that the EPA’s decision on whether to let the shipment enter is already stated in non-objection notice. The non-objection notice will still have to accompany the shipment, said EPA.
The direct final rule also eliminates provisions requiring importers and exporters keep paper copies of CBP forms in their records. Importers of Class I and Class II ozone-depleting substances will now only have to record the entry number of the shipment instead of keeping a copy of the entry form, which will no longer exist on paper once CBP completes its transition to ACE.
(Federal Register 02/09/16)