CBP Issues Instructions on RLF "Hybrids" (w/Paper OGA Docs)

Steps for Using RLF Hybrid

CBP states that the following electronic/paper hybrid process² will be used for RLF entries with OGA paper document requirements:

Hybrid package for POE. The hybrid documentation will be presented at the port of entry (POE). The hybrid package will consist of the CBP Form 3461 or equivalent release document, the CBP Form 7501 (where applicable), notated with the statement, “Remote entry on file”, along with the OGA paper document(s). CBP will review the Automated Invoice Interface (AII) information in ACS.

Fax vs. delivery of OGA docs. For those forms which are eligible under the hybrid process, ports have the discretion to determine the manner in which the filer provides the OGA documentation, i.e., whether a fax is acceptable or if the filer must deliver the documentation to a designated location at the port.

Consequently, it will be necessary for those interested in submitting hybrid RLF entries to contact the RLF coordinator at the port of entry to determine the port's process prior to submission. A list of RLF coordinators can be found here.

Present after RLF transmitted. Filers are not to present hybrid documents prior to the RLF entry summary transmission in the Automated Commercial System (ACS) or Automated Commercial Environment (ACE).

RLF Hybrid Cannot be Used if OGA Wants “Original” Form

CBP states that due to certain OGA constraints, there are specific types of merchandise that continue to be ineligible for entry via RLF¹. As a result, the RLF hybrid process does not apply to all commodities.

For example, the hybrid RLF process does not apply to those entries for which an original document is required by the OGA. Forms currently precluded from the RLF hybrid process are listed by CBP as follows:

• APHIS Phytosanitary Certificates
• Kimberly Process Certificates
• ATF 6A
• CITES forms
• DEA 35, 236, 486
• DS 2031 (for uncertified countries only), DS 1504
• DSP 61, DSP 85,
• FSIS 9540-1
• PPQ 508, 548, 550
• VS 16-6A, 16-78
• NOAA Pre-approval certificate
• NOAA Permit to Import AMLR
• NOAA Form 370

(This June 2011 list of ineligible forms, along with the name of each and any CBP comments on the form, is attached to the CSMS message. CBP notes that this list is subject to change, and any change will be noted in a CSMS message.)

Hybrid Process Intended to be Interim Measure

According to CBP, the RLF ‘hybrid process’ is intended to be an interim measure to bridge the technology gap until further electronic functionality is available for required supplemental documentation. RLF was intended to be a paperless process, and CBP continues to work towards the inclusion of all supporting documentation within an electronic submission.

As CBP includes documents in new electronic formats, use of that new functionality will be required for RLF participation and acceptance of the hybrid submissions will be discontinued for those documents.

(CBP states that the statutory underpinnings for RLF (19 USC 1414(b)(3)(B)) includes language to enable such “alternative filing” in situations where CBP cannot accept additional information electronically, which is mirrored in 19 CFR 143.45, which states that:

“A RLF filer must electronically file all additional information required by CBP to be presented with the entry and entry summary information (including facsimile transmissions) that CBP can accept electronically. If CBP cannot accept additional information electronically, the RLF filer must file the additional information in a paper format at the CBP port of entry where the goods arrived.”)

¹In addition, RLF transmissions continue to be limited to entry types 01 and 11.

(CSMS #11-000178, 08/09/11)