[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46492-46494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16343]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Automated Commercial Environment (ACE); Expansion of Processes
Supported in the ACE Truck Manifest System
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: General notice.
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SUMMARY: This document announces that Customs and Border Protection
(CBP) has expanded the processes that are supported in the Automated
Commercial Environment (ACE) Truck Manifest System. Previously, CBP did
not possess the capability for the electronic release of cargo off the
manifest for certain release types. Now, through the collection of
cargo information through ACE, electronic release of the cargo can be
accommodated for the following release types: General Note 1 Exemptions
as provided in General Note 3(e) of the Harmonized Tariff Schedules of
the United States; Free of Duty (CBP Form
[[Page 46493]]
7523); Unaccompanied Goods (CBP Form 3299); and Free Returned U.S.
Goods (CBP Form 3311).
DATES: Truck carriers will be able to take advantage of the additional
processes supported in ACE beginning on the date of publication of this
notice.
FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at
james.d.swanson@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
ACE Truck Manifest Test
On February 4, 2004 and September 13, 2004, CBP published notices
in the Federal Register (69 FR 5360 and 69 FR 55167) announcing a test,
in conjunction with the Federal Motor Carrier Safety Administration
(FMCSA), allowing participating truck carriers to transmit electronic
manifest data in ACE, including advance cargo information as required
by section 343(a) of the Trade Act of 2002, as amended by the Maritime
Transportation Security Act of 2002 (see 68 FR 68140). The advance
cargo information requirements are detailed in the final rule published
in the Federal Register at 68 FR 68140 on December 5, 2003.
Truck carriers participating in the test were required to establish
ACE Secure Data Portal (ACE Portal) Truck Carrier Accounts which would
provide them with the ability to electronically transmit truck manifest
data and obtain release of their cargo, crew, conveyances, and
equipment via the ACE Portal or electronic data interchange (EDI)
messaging.
In the September 13, 2004 notice, CBP stated that, in order to be
eligible for participation in this test, a carrier must have:
1. Submitted an application (i.e., statement of intent to establish
an ACE Account and to participate in the testing of electronic truck
manifest functionality) as set forth in the February 4, 2004, Federal
Register notice (69 FR 5360);
2. Provided a Standard Carrier Alpha Code(s) (SCAC);
3. Provided the name, address, and e-mail of a point of contact to
receive further information.
In addition, participants intending to use the ACE Portal as the
means to file the manifest were required to submit a statement
certifying the ability to connect to the Internet. Participants
intending to use an EDI interface were required to first test their
ability to send and receive electronic messages in either American
National Standards Institute (ANSI) X12 or United Nations/Directories
for Electronic Data Interchange for Administration, Commerce and
Transport (UN/EDIFACT) format with CBP.
Subsequently, in a Federal Register notice published on March 29,
2006 (71 FR 15756), CBP announced a change advising truck carriers that
they were no longer required to open ACE Truck Carrier [Portal]
Accounts to participate in the ACE test. Specifically, truck carriers
were advised that they could elect to use a third party to submit
electronic manifest information to CBP via EDI. Truck carriers
participating in this fashion do not have access to operational data
and do not receive status messages on ACE Accounts, nor do they have
access to integrated Account data from multiple system sources. These
truck carriers are able to obtain release of their cargo, crew,
conveyances, and equipment via EDI messaging back to the transmitter of
the information. A truck carrier using a third party to transmit via
EDI cargo, crew, conveyance and equipment information to CBP is
required to have a Standard Carrier Alpha Code (SCAC). Any truck
carrier with a SCAC may arrange to have a third party transmit manifest
information to CBP via EDI consistent with the requirements of the ACE
Truck Manifest Test. Due to limited functionality available via the
portal at that time, truck carriers were advised that if they elected
to use a third party to transmit the truck manifest information to CBP
via the ACE portal (rather than EDI), the truck carrier who is
submitting that information to the third party (for transmission to
CBP) would be required to have an ACE Truck Carrier Account as
described in the February 4, 2004, notice.
In a notice published in the Federal Register on March 15, 2007 (72
FR 12181), CBP announced that truck carriers participating in the ACE
portal test and electing to use third parties to submit manifest
information to CBP via the ACE portal are no longer required to have
ACE portal accounts. Thus, truck carriers without ACE portal accounts,
while participating in the test of the ACE truck manifest system, may
now use third parties (such as Customs brokers or other truck carriers)
with ACE portal accounts to electronically transmit truck manifest
information, via the ACE portal, on their behalf.
Release Types
Previously, CBP did not possess the capability for the electronic
release of cargo off the manifest for certain release types. Now,
through the collection of cargo information through ACE, electronic
release of the cargo can be accommodated for the following release
types: General Note 1 Exemptions as provided in General Note 3(e) of
the Harmonized Tariff Schedules of the United States; Free of Duty;
Unaccompanied Goods; and Free Returned U.S. Goods. When applicable, the
appropriate CBP forms, noted below in parenthesis for each release
type, and supporting documentation are required to effectuate release
of the cargo.
General Note 1 Exemptions
A General Note 1 Exemption release can be used for goods imported
into the customs territory of the United States that are exempt from
the provisions of the tariff schedule per General Note 3(e) of the
Harmonized Tariff Schedule of the United States. Such goods qualifying
for this exemption are as follows: Corpses, together with their coffins
and accompanying flowers; telecommunications transmissions; records,
diagrams and other data with regard to any business, engineering or
exploration operation whether on paper; cards, photographs, blueprints,
tapes or other media; articles returned from space within the purview
of section 484a of the Tariff Act of 1930; articles exported from the
United States which are returned within 45 days after such exportation
from the United States as undeliverable and which have not left the
custody of the carrier or foreign customs service; and any aircraft
part or equipment that was removed from a United States-registered
aircraft while being used abroad in international traffic because of
accident, breakdown, or emergency, that was returned to the United
States within 45 days after removal, and that did not leave the custody
of the carrier or foreign customs service while abroad.
Free of Duty (CBP Form 7523)
Pursuant to the provisions of 19 CFR 143.23(d), a CBP Form 7523
(Free of Duty) can be used for the release of shipments not exceeding
$2,000 in value which are either unconditionally free of duty and not
subject to any quota or internal revenue tax, or are conditionally free
and all conditions for free entry are met at the time of entry.
Pursuant to the provisions of 19 CFR 143.23(g), shipments, regardless
of value, which are imported for noncommercial purposes which qualify
for entry free of duty under the Generalized System of Preferences and
for which informal entry may be made can be released on a CBP Form
7523.
[[Page 46494]]
Unaccompanied Goods (CBP Form 3299)
A CBP Form 3299 (Unaccompanied Goods) can be used for the release
of effects that are claimed to be free of duty under subheadings
9804.00.10, 9804.00.20, 9804.00.25, 9804.00.35, or 9804.00.45,
Harmonized Tariff Schedule of the United States (HTSUS), that do not
accompany the importer on his arrival in the United States or are
forwarded in bond, pursuant to the provisions of 19 CFR 148.6. It may
also be used for release of household effects used abroad and claimed
to be free of duty under subheading 9804.00.05, pursuant to the
provisions of 19 CFR 148.52, or tools of trade claimed to be free of
duty under subheadings 9804.00.10 or 9804.00.15, pursuant to the
provisions of 19 CFR 148.53.
Free Returned U.S. Goods (CBP Form 3311)
A CBP Form 3311 (Free Returned U.S. Goods) release can be used for
certain shipments of products of the United States being returned
without having been advanced in value or improved in condition abroad
in accordance with the provisions of 19 CFR 123.4(c) or 19 CFR
143.23(b) and 19 CFR 10.1.
Previous Notices Continue To Be Applicable
All of the other aspects of the ACE Truck Manifest Test as set
forth in 69 FR 55167, as modified by the General Notice published in
the Federal Register (70 FR 13514) on March 21, 2005, continue to be
applicable. (The March 21, 2005 notice clarified that all relevant data
elements are required to be submitted in the automated truck manifest
submission.) All of the aspects of the February 4, 2004, notice (69 FR
5360) continue to be applicable, except as revised in this notice.
Date: August 15, 2007.
Denise Crawford,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. E7-16343 Filed 8-17-07; 8:45 am]
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