[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10264-10267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04421]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice Announcing the Automated Commercial Environment (ACE) as
the Sole CBP-Authorized Electronic Data Interchange (EDI) System for
Processing Certain Electronic Entry and Entry Summary Filings
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
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ACTION: General notice.
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SUMMARY: This document announces that the Automated Commercial
Environment (ACE) will be the sole electronic data interchange (EDI)
system authorized by the Commissioner of U.S. Customs and Border
Protection (CBP) for processing certain electronic entry and entry
summary filings as of the effective dates of this notice. As of the
effective dates of this notice, ACE will be the sole CBP-authorized EDI
system for merchandise subject only to the import requirements of CBP
and also to the Lacey Act import requirements of the Animal and Plant
Health Inspection Service (APHIS), or the import requirements of the
National Highway Traffic Safety Administration (NHTSA), or the import
requirements of both APHIS (Lacey) and NHTSA, as well as CBP. This
document also announces that the Automated Commercial System (ACS) will
no longer be a CBP-authorized EDI system for purposes of processing the
electronic filings specified in this notice. This document further
announces the conclusion of the ACE/International Trade Data System
(ITDS) pilots for APHIS (Lacey) and NHTSA. Electronic entry and entry
summary filings for merchandise subject to the import requirements of
other Partner Government Agencies (PGAs) can be submitted in ACE
pursuant to an ongoing PGA pilot, or in ACS, until further notice.
DATES: Effective March 31, 2016: ACE will be the sole CBP-authorized
EDI system for:
Electronic entry summaries for merchandise that is subject
only to the import requirements of CBP, associated with the following
entry types: 01 (consumption), 03 (consumption--antidumping/
countervailing duty), 11 (informal), 23 (temporary importation under
bond), 51 (Defense Contract Administration Service Region), and 52
(government--dutiable); and
electronic entries and corresponding entry summaries
associated with the above entry types, for merchandise subject to the
Lacey Act import requirements of the Animal and Plant Health Inspection
Service (APHIS), or to the import requirements of the National Highway
Traffic Safety Administration (NHTSA), and no other PGA requirements.
Effective May 28, 2016: ACE will be the sole CBP-authorized EDI
system for:
electronic entries for merchandise that is subject only to
the import requirements of CBP, associated with the following entry
types: 01 (consumption), 03 (consumption--antidumping/countervailing
duty), 11 (informal), 23 (temporary importation under bond), 51
(Defense Contract Administration Service Region), and 52 (government--
dutiable); and
electronic entries and corresponding entry summaries
associated with entry type 06 (consumption--foreign trade zone), for
merchandise that is subject only to the import requirements of CBP; or
for merchandise subject to the import requirements of APHIS (Lacey Act)
or NHTSA, and no other PGA requirements.
FOR FURTHER INFORMATION CONTACT: Questions related to this notice may
be emailed to [email protected] with the subject line identifier
reading ``ACS to ACE March 31, 2016 transition''.
SUPPLEMENTARY INFORMATION:
Background
Statutory Authority
Section 484 of the Tariff Act of 1930, as amended (19 U.S.C. 1484),
establishes the requirement for importers of record to make entry for
merchandise to be imported into the customs territory of the United
States. Customs entry information is used by U.S. Customs and Border
Protection (CBP) and Partner Government Agencies (PGAs) to determine
whether merchandise may be released from CBP custody. Importers of
record are also obligated to complete the entry by filing an entry
summary declaring the value, classification, rate of duty applicable to
the merchandise and such other information as is necessary for CBP to
properly assess duties, collect accurate statistics and determine
whether any other applicable requirement of law is met.
The customs entry requirements were amended by Title VI of the
North American Free Trade Agreement Implementation Act (Pub. L. 103-
182, 107 Stat. 2057, December 8, 1993), commonly known as the Customs
Modernization Act, or Mod Act. In particular, section 637 of the Mod
Act amended section 484(a)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(1)(A)) by revising the requirement to make and complete customs
entry by submitting documentation to CBP to allow, in the alternative,
the electronic transmission of such entry information pursuant to a
CBP-authorized electronic data interchange (EDI) system. CBP created
the Automated Commercial System (ACS) to track, control, and process
all commercial goods imported into the United States. CBP established
the specific requirements and procedures for the electronic filing of
entry and entry summary data for imported merchandise through the
Automated Broker Interface (ABI) to ACS.
Transition From ACS to ACE
In an effort to modernize the business processes essential to
securing U.S. borders, facilitating the flow of legitimate shipments,
and targeting illicit goods pursuant to the Mod Act and the Security
and Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-347,
120 Stat. 1884), CBP developed the Automated Commercial Environment
(ACE) to eventually replace ACS as the CBP-authorized EDI system. Over
the last several years, CBP has tested ACE and provided significant
public outreach to ensure that the trade community is fully aware of
the transition from ACS to ACE.
On February 19, 2014, President Obama issued Executive Order (E.O.)
13659, Streamlining the Export/Import Process for America's Businesses,
in order to reduce supply chain barriers to commerce while continuing
to protect our national security, public health and safety, the
environment, and natural resources. See 79 FR 10657 (February 25,
2014). Pursuant to E.O. 13659, a deadline of December 31, 2016, was
established for participating Federal agencies to have capabilities,
agreements, and other requirements in place to utilize the
International Trade Data System (ITDS) and supporting systems, such as
ACE, as the primary means of receiving from users the standard set of
data and other relevant documentation (exclusive of applications for
permits, licenses, or certifications) required for the release of
imported cargo and clearance of cargo for export.
As part of the transition to full ITDS functionality in ACE, CBP
has been conducting tests under the National Customs Automation Program
(NCAP). The NCAP was established by Subtitle B of the Mod Act. See 19
U.S.C. 1411. These tests of ITDS functionality include the Partner
Government Agency (PGA) Message Set Test (See, e.g., 78 FR 75931) and
the Document Image System (DIS) Test (See, e.g., 77 FR 20835).
The PGA Message Set is the data that is needed to satisfy the
reporting requirements of other ITDS agencies and that is transmitted
to ACE through the Automated Broker Interface (ABI). After the data is
submitted, it is validated and made available to the relevant agencies.
The data is used to fulfill multiple requirements and enables more
effective enforcement and faster release decisions, as well as more
certainty for the importer in determining logistics of cargo delivery.
Also, by virtue of being
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electronic, the PGA Message Set eliminates the necessity for the
submission and subsequent handling of paper documents. CBP and several
other agencies have announced NCAP test pilot programs regarding the
submission of required data using the PGA Message Set.
DIS allows ACE filers to submit electronic images of a specific set
of ITDS Agency documentation in XML format through ABI, a Secure File
Transfer Protocol (FTP), or Secure Web Services, or as an attachment to
an email formatted according to the specifications in the DIS
Implementation Guidelines.
On October 13, 2015, CBP published an Interim Final Rule in the
Federal Register (80 FR 61278) that designated ACE as a CBP-authorized
EDI system. The designation of ACE as a CBP-authorized EDI system was
effective November 1, 2015. In the Interim Final Rule, CBP stated that
ACS would be phased out and anticipated that ACS would no longer be
supported for entry and entry summary filing by the end of February
2016. Filers were encouraged to adjust their business practices so that
they would be prepared when ACS was decommissioned.
While significant progress has been made, continued concerns about
trade readiness have necessitated an updated timeline for the mandatory
transition to ACE for electronic entry and entry summary filing. As a
result, CBP has developed a staggered transition strategy, to give the
trade additional time to adjust their business practices and complete
programming for entry and entry summary filing in ACE.
This notice announces that, beginning on March 31, 2016, CBP will
begin decommissioning ACS for certain entry filings (including ``entry
summary certified for cargo release'' filings) and entry summary
filings, making ACE the sole CBP-authorized EDI system for processing
these electronic filings. CBP will announce the conclusion of the PGA
Message Set and DIS pilots on a rolling basis. As each pilot is
concluded, ACE will become the sole CBP-authorized EDI system for
electronic entry and entry summary filings for merchandise subject to
the specified PGA import requirements. After conclusion of a pilot,
electronic entry and entry summary filings for merchandise subject to
the specified PGA import requirements will no longer be permitted in
ACS.
This notice announces the conclusion of the pilots for filing
Animal and Plant Health Inspection Service (APHIS) Lacey Act data and
National Highway Traffic Safety Administration (NHTSA) data in ACE via
the PGA Message Set.
On August 6, 2015, APHIS published a notice in the Federal
Register, announcing a test of the PGA Message Set for the electronic
submission of import data required by the Lacey Act. (80 FR 46951). CBP
and APHIS have evaluated the test for submission of Lacey Act data in
ACE and have found the test to have been successful. The ACE PGA
Message Set has the operational capabilities necessary to
electronically collect the Lacey Act data required by APHIS. APHIS and
CBP are confident that the system is now ready for full Lacey Act
integration based on the sustained success of the pilot, which has
experienced no data or system errors. As a result, this test has been
concluded, as announced by APHIS in a bulletin communication on January
22, 2016.
On August 10, 2015, CBP published a notice in the Federal Register
announcing an NCAP test of the PGA Message Set for the electronic
submission of import data required by NHTSA. (80 FR 47938). CBP and
NHTSA have evaluated the NCAP test for filing import data required by
NHTSA in ACE, and have found the test to have been successful. The PGA
Message Set has the operational capabilities necessary to
electronically collect the import data required by NHTSA in ACE. As a
result, this notice announces the conclusion of the NHTSA PGA Message
Set test.
ACE as the Sole CBP-Authorized EDI System for the Processing of Certain
Electronic Entry and Entry Summary Filings
This notice announces that ACE will be the sole CBP-authorized EDI
system for the electronic filings listed below. These electronic
filings must be formatted for submission in ACE, and will no longer be
accepted in ACS.
I. Electronic filings for merchandise subject only to CBP import
requirements:
Effective March 31, 2016, ACE will be the sole CBP-authorized EDI
system for electronic entry summaries filed for merchandise that is
subject only to import requirements of CBP, associated with the
following entry types:
01--Consumption--Free and Dutiable
03--Consumption--Antidumping/Countervailing Duty
11--Informal--Free and Dutiable
23--Temporary Importation Bond (TIB)
51--Defense Contract Administration Service Region (DCASR)
52--Government--Dutiable
Effective May 28, 2016, ACE will be the sole CBP-authorized EDI
system for electronic entries for merchandise that is subject only to
import requirements of CBP, associated with the following entry types:
01--Consumption--Free and Dutiable
03--Consumption--Antidumping/Countervailing Duty
06--Consumption--Foreign Trade Zone (FTZ)
11--Informal--Free and Dutiable
23--Temporary Importation Bond (TIB)
51--Defense Contract Administration Service Region (DCASR)
52--Government--Dutiable
Effective May 28, 2016, ACE will be the sole CBP-authorized EDI
system for electronic entry summaries for merchandise that is subject
only to import requirements of CBP, associated with the following entry
type:
06--Consumption--Foreign Trade Zone (FTZ)
II. Electronic filings for merchandise subject to Lacey Act import
requirements by APHIS:
Effective March 31, 2016, for the following entry types, ACE will
be the sole CBP-authorized EDI system for electronic entries and entry
summaries for merchandise that is subject to the Lacey Act import
requirements of APHIS, unless such filings also include PGA data or
documentation other than NHTSA data:
01--Consumption--Free and Dutiable
03--Consumption--Antidumping/Countervailing Duty
11--Informal--Free and Dutiable
23--Temporary Importation Bond (TIB)
51--Defense Contract Administration Service Region (DCASR)
52--Government--Dutiable
Effective May 28, 2016, for the following entry type, ACE will be
the sole CBP-authorized EDI system for electronic entries and entry
summaries for merchandise that is subject to the Lacey Act import
requirements of APHIS, unless such filings also include PGA data or
documentation other than NHTSA data:
06--Consumption--Foreign Trade Zone (FTZ)
III. Electronic filings for merchandise subject to NHTSA import
requirements:
Effective March 31, 2016, for the following entry types, ACE will
be the sole CBP-authorized EDI system for electronic entries and entry
summaries for merchandise that is subject to the import requirements of
NHTSA, unless such filings also include PGA data or documentation other
than APHIS (Lacey) data:
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01--Consumption--Free and Dutiable
03--Consumption--Antidumping/Countervailing Duty
11--Informal--Free and Dutiable
23--Temporary Importation Bond (TIB)
51--Defense Contract Administration Service Region (DCASR)
52--Government--Dutiable
Effective May 28, 2016, for the following entry type, ACE will be
the sole CBP-authorized EDI system for electronic entries and entry
summaries for merchandise that is subject to the import requirements of
NHTSA, unless such filings also include PGA data or documentation other
than APHIS (Lacey) data:
06--Consumption--Foreign Trade Zone (FTZ)
ACS as the Sole CBP-Authorized EDI System for the Processing of Certain
Electronic Entry and Entry Summary Filings
Electronic entry and entry summary filings for the following entry
types must continue to be filed only in ACS:
02--Consumption--Quota/Visa
07--Consumption--Antidumping/Countervailing Duty and Quota/
Visa Combination
08--NAFTA Duty Deferral
09--Reconciliation Summary
12--Informal--Quota/Visa (other than textiles)
21--Warehouse
22--Re-Warehouse
31--Warehouse Withdrawal--Consumption
32--Warehouse Withdrawal--Quota
34--Warehouse Withdrawal--Antidumping/Countervailing Duty
38--Warehouse Withdrawal--Antidumping/Countervailing Duty &
Quota/Visa Combination
41--Direct Identification Manufacturing Drawback
42--Direct Identification Unused Merchandise Drawback
43--Rejected Merchandise Drawback
44--Substitution Manufacturer Drawback
45--Substitution Unused Merchandise Drawback
46--Other Drawback
61--Immediate Transportation
62--Transportation and Exportation
63--Immediate Exportation
69--Transit (Rail only)
70--Multi-Transit (Rail only)
Due to low shipment volume, filings for the following entry types
will not be automated in either ACS or ACE:
04--Appraisement
05--Vessel--Repair
24--Trade Fair
25--Permanent Exhibition
26--Warehouse--Foreign Trade Zone (FTZ) (Admission)
33--Aircraft and Vessel Supply (For Immediate Exportation)
64--Barge Movement
65--Permit to Proceed
66--Baggage
Dated: February 25, 2016.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2016-04421 Filed 2-26-16; 8:45 am]
BILLING CODE 9111-14-P