POSTAL SERVICE
39 CFR Part 111
Customs Declaration Exceptions
AGENCY:

Postal Serviceâ„¢.

ACTION:

Final Rule.

SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM®), in various sections, to
delete the “known mailer” and “official mail” exceptions for customs declarations
for mail to, from, or between overseas U.S. military and diplomatic Post Office®
addresses.
DATES: Effective: September 29, 2024.
FOR FURTHER INFORMATION CONTACT: Vlad Spanu at (202) 268-4180 or
Kathy Frigo at (202) 268-4178.
SUPPLEMENTARY INFORMATION: On May 10, 2023, the Postal Service
published a notice of proposed rulemaking (88 FR 30068) to delete section
703.2.3.9, “Customs Declarations — Exceptions,” to align Postal Service
regulations with current customs policy.
The Postal Service also proposed to make minor revisions to the text in
sections 608.2.4.4 and 703.2.3.8 to align with deleting section 703.2.3.9.
Additionally, due to deleting section 703.2.3.9, the Postal Service is
renumbering current sections 703.2.3.10 through 703.2.3.13, respectively, and
revising the introductory text in renumbered section 703.2.3.10.
Responses to Comments
The Postal Service received nine formal comments on the May 10, 2023,
proposed rule. Two commenters concurred without comment, and seven
commenters cited concerns to the proposed rule.

The comments received and the Postal Service’s responses area as
follows:
Comment: Two commenters said that they felt the current “known mailer”
and “official mail” exceptions wording should not be amended for mail sent to or
from overseas military and diplomatic Post Office addresses since the change
could prevent mailing classified materials. The commenters also indicated that
providing detailed descriptions on the customs form could identify secret and
sensitive contents.
In addition, the commenters noted that they send and receive documents
and equipment currently considered as “official mail” from military locations and
utilize a general description to deter rifling or theft. In support, one of the two
commenters cited a reference from the Department of Defense Manual 5200.01V3 Enclosure 4: “Preparation of Material for Shipment: (3) Do not place a
classification marking or any other unusual marks on the outer envelope or
container that might invite special attention to the fact that the contents are
classified.”
For these reasons, both commenters said that they felt that instituting the
proposed rule would hinder investigations and clearance adjudications missions,
ultimately stagnating the nation’s trusted workforce, and adversely impacting
governmental departments. The commenters further indicated that continued use
of the Postal Service for classified mail is contingent upon official mail to move
freely without unnecessary roadblocks to meet critical mission requirements.

USPS Response: The Postal Service requires the information senders
provide on customs declaration forms to be electronically transmitted to USPS
before the package enters the Postal Service network. By using the electronic

customs declaration data, risk assessment tools, and data analytics, the United
States Postal Inspection Service (USPIS) identifies packages with a potential risk
to national security or the safety of the Postal Service mail stream.
The detailed descriptions’ section of the Customs Declaration Form and
Advance Electronic Data (AED) are used to provide a list of the contents within
the package. The Postal Service does not have rules that require the disclosure
of whether the contents are sensitive or confidential, nor a requirement to provide
such marking on the exterior package that would reveal the national-securityclassification level of the contents.

Comment: Like the previous comment, three commenters said that they
felt the current “known mailer” and “official mail” exceptions wording should not
be amended for mail sent to or from overseas military and diplomatic Post Office
addresses since the change could prevent mailing sensitive or classified
materials if the contents are required to be disclosed as such on the customs
declaration form.
One of the two commenters also indicated that requiring a detailed
description for unclassified materials poses a potential of identifying other mail as
sensitive or classified based on the sole “documents” description.
The commenters further indicated that it would not be an issue if the
Postal Service continued to accept a general description, such as “documents”
for the description of sensitive or classified documents and equipment. One
commenter further indicated that mailing classified documents would be
contingent upon the allowance of using “documents” as the descriptor for all
official mail.

USPS Response: Similar to the previous responses, there is no
requirement to identify “secret,” “sensitive,” “classified,” or any other such
distinction. For non-dutiable documents, the level of detail that would most often
be expected to be adequate is “documents.”

Comment: One commenter did not oppose removing the “known mailer”
and “official mail” exemptions for customs declaration forms for mail addressed to
international addresses, but did oppose removing the exemption for mail
addressed to and from overseas military and diplomatic Post Office addresses.
The commenter felt that the exemption allows mail sent in an official capacity to
move freely and for the most part without unnecessary roadblocks to meet critical
mission requirements, and also provides the ability to conceal contents that could
potentially be of a sensitive nature.

USPS Response: Similar to previous responses, the Postal Service
requires the information senders provide on customs declaration forms to be
electronically transmitted to USPS before the package enters the Postal Service
network. By using the electronic customs declaration data, risk assessment tools,
and data analytics, the USPIS identifies packages with a potential risk to national
security or the safety of the Postal Service mail stream.
There is no Postal Service requirement to identify a non-dutiable
document as classified or sensitive on the customs declaration form or on the
exterior of the package and, therefore, would not reveal the national security
classification level of the contents.

Comment: One commenter opposed amending the “known mailer” and
“official mail” exceptions for mail to or from overseas military and diplomatic Post
Office addresses since it would cause a change to current procedures, requiring
time to educate their personnel and the communities they support on the new
procedures. The commenter further indicated that U.S. Government entities
should not be subjected to providing information on the customs declaration form
or markings on the outer envelope or box since it could allude to the contents as
confidential or classified material and cited a reference from the Department of
Defense Manual 5200.01-V3 Enclosure 4: “Preparation of Material for Shipment:
(3) Do not place a classification marking or any other unusual marks on the outer
envelope or container that might invite special attention to the fact that the
contents are classified.”

USPS Response: As indicated in previous responses, there is no
requirement to identify “secret” or “sensitive” or “classified” or any other such
distinction. The “detail” description that would most often be expected to be
adequate is “documents.”
In addition, the Postal Service is simultaneously implementing associated
changes to the International Mail Manual (IMM®) under separate cover,
eliminating the “known mailer” and “official mail” exceptions for mail in the
international Postal Service network to conform to international law requirements
for customs forms and data, which do not allow such exceptions.
Given these necessary changes for international mail, the changes to the
DMM will also promote uniformity in how mail originating in the United States and
destined for overseas is inducted, screened, and processed, thus simplifying
operational processes and avoiding customer confusion.

Comment: Two commenters responded as “Concurred without comment.”

USPS Response: The Postal Service thanks those commenters for the
feedback and appreciates the support of this change.

The Postal Service adopts the described changes to Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM), incorporated by
reference in the Code of Federal Regulations.
The Postal Service will publish an appropriate amendment to 39 CFR part
111 to reflect the changes.
In a separate rule, the Postal Service will also revise associated revisions
to the International Mail Manual (IMM).

List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is amended as follows:
PART 111 – [AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737;
39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 34033406, 3621, 3622, 3626, 3632, 3633, and 5001.
2. Revise Mailing Standards of the United States Postal Service,
Domestic Mail (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)

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600 Basic Standards for All Mailing Services
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608 Postal Information and Resources
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2.0 Domestic Mail
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2.4 Customs Forms Required
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2.4.4 Overseas Military Mail
[Revise the text of 2.4.4 to read as follows:]
For determining customs declarations’ required usage when mailing to or from
APO, FPO, or DPO addresses, see 703.2.3.6 through 703.2.3.8.
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700 Special Standards
703 Nonprofit USPS Marketing Mail and Other Unique Eligibility
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2.0 Overseas Military and Diplomatic Post Office Mail
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2.3 General Restrictions
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2.3.8 Customs Declarations – Required Usage
[Revise the introductory text of 2.3.8 to read as follows:]
In accord with the procedures provided in 2.3.6, customs declarations forms are
required for use on shipments to or from APO/FPO/DPO locations as follows:
[Revise the text of item a. to read as follows:]

a. Priority Mail Express mailpieces addressed to or from an APO, FPO, or
DPO location must bear a properly completed computer-generated PS
Form 2976-B, Priority Mail Express International Shipping Label and
Customs Form, regardless of weight, value, or contents.
[Revise the introductory text of item b. to read as follows:]
b. All other mailpieces addressed to or from an APO, FPO, or DPO
location must bear a properly completed computer-generated PS Form
2976, Customs Declaration CN22 — Sender’s Declaration, or, if the
customer prefers, a properly completed computer-generated PS Form
2976-A, Customs Declaration and Dispatch Note — CP 72, if either of
the following conditions applies:
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[Delete 2.3.9, “Customs Declarations— Exceptions,” in its entirety and renumber
current 2.3.10 through 2.3.13 as 2.3.9 through 2.3.12.]
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2.3.10 Items Not Eligible for Deposit or Pickup
[Revise the introductory text of renumbered 2.3.10 to read as follows:]
Customers must present the following items requiring a customs form to an
employee at a Post Office retail service counter. The Postal Service will return
these improperly presented items to the sender for proper entry and acceptance:
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Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024-13425 Filed: 6/20/2024 8:45 am; Publication Date: 6/21/2024]