Modification of National Customs Automation Program Test Concerning Automated Commercial Environment (ACE) Cargo Release (Formerly Known as Simplified Entry), 66039-66040 [2013-26296]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Notices]
[Pages 66039-66040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26296]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program Test 
Concerning Automated Commercial Environment (ACE) Cargo Release 
(Formerly Known as Simplified Entry)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to both rename and modify the National Customs Automation 
Program (NCAP) test concerning the Simplified Entry functionality in 
the Automated Commercial Environment (ACE). Originally, the test was 
known as the Simplified Entry Test because the test simplified the 
entry process by reducing the number of data elements required to 
obtain release for cargo transported by air. The test will now be known 
as the ACE Cargo Release Test as one of the modifications of the test 
announced in this notice is to provide more capabilities to test 
participants allowing CBP to deliver enhanced functionality. The test 
is also modified by expanding its coverage and by removing the Customs-
Trade Partnership Against Terrorism (C-TPAT) status requirement for 
importer self-filers and customs brokers and by adding new data 
elements. This notice invites more participants to join the test.

DATES: The ACE Cargo Release test modifications set forth in this 
document are effective November 4, 2013. The test will run until 
approximately November 1, 2015.

ADDRESSES: Comments or questions concerning this notice and indication 
of interest in participation in ACE Cargo Release should be submitted, 
via email, to Susan Maskell at susan.c.maskell@cbp.dhs.gov. In the 
subject line of your email, please indicate ``Comment on ACE Cargo 
Release''. The body of the email should include information regarding 
the identity of the ports where filings are likely to occur.

FOR FURTHER INFORMATION CONTACT: For policy related questions, contact 
Stephen Hilsen, Director, Business Transformation, ACE Business Office, 
Office of International Trade, at stephen.r.hilsen@cbp.dhs.gov. For 
technical questions, contact Susan Maskell, Client Representative 
Branch, ACE Business Office, Office of International Trade, at 
susan.c.maskell@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

In General

    U.S. Customs and Border Protection's (CBP's) National Customs 
Automation Program (NCAP) test concerning Automated Commercial 
Environment (ACE) Simplified Entry (SE test) functionality is 
authorized under Sec.  101.9(b) of title 19 of the Code of Federal 
Regulations (19 CFR 101.9(b)), which provides for the testing of NCAP 
programs or procedures.
    On November 9, 2011, CBP published in the Federal Register a notice 
announcing an NCAP test concerning ACE Simplified Entry. See 76 FR 
69755. The SE test established new entry capability to simplify the 
entry process for cargo transported by air by reducing the number of 
data elements required to obtain release. This data fulfills 
merchandise entry requirements that allow for earlier release decisions 
and more certainty for the importer in determining the logistics of 
cargo delivery. On August 14, 2012, CBP published in the Federal 
Register a notice modifying test participant selection criteria for the 
SE test. See 77 FR 48527.
    In the notice published in the Federal Register on July 23, 2013 
(78 FR 44142), the Document Image System (DIS) NCAP test was expanded 
and modifications were made to the SE test to allow for certain data 
elements to be transmitted via the Document Image System (DIS). The 
July 23, 2013 notice also expanded the pool of eligible

[[Page 66040]]

participants for the DIS test to include software providers merely 
transmitting electronically data received for transmission to CBP.
    This ACE Cargo Release test will run until approximately November 
1, 2015, and is open to Type 01 and Type 11 consumption entries filed 
in the air transportation mode only. Expansion to other modes will be 
announced via a separate Federal Register notice.

Modification To Test Participant Selection Criteria

    In the notice published in the Federal Register on November 9, 2011 
(76 FR 69755), announcing phase one of the SE pilot, CBP stated that 
participation in the test was limited to nine (9) participants 
comprised of importers holding a Tier 2 or higher Customs-Trade 
Partnership Against Terrorism (C-TPAT) status (applicable to both 
importer self-filers and importers for whom an eligible customs broker 
files a SE) and customs brokers who are C-TPAT certified.
    In the notice published in the Federal Register on August 14, 2012 
(77 FR 48527), phase two of the SE test expanded the eligible 
participant pool to reflect that the C-TPAT status of an importer for 
whom a customs broker files a SE is no longer an eligibility criterion. 
However, this did not change the fact that importer self-filers must 
still hold a Tier 2 or higher C-TPAT status. In addition, the August 
14, 2012 notice opened the SE test to all eligible applicants for a 14 
day period.
    This notice announces modifications to the SE test's participation 
criteria to reflect that the C-TPAT status of an importer self-filer 
and a customs broker is no longer an eligibility criterion.
    In addition, ACE Cargo Release is now open to all eligible 
applicants for an indefinite period. CBP will endeavor to accept all 
new eligible applicants on a first come first served basis; however, if 
the volume of eligible applicants exceeds CBP's administrative 
capabilities, CBP will reserve the right to select eligible 
participants in order to achieve a diverse pool in accordance with the 
selection standards set forth in 76 FR 69755.

New Filing Capabilities

    This notice announces new capabilities for ACE Cargo Release filing 
to allow for automated corrections and cancellations, split shipments, 
entry on cargo which has been moved by in-bond from the first U.S. port 
of unlading, and entry for a quantity less than full manifested bill 
quantity if no in-bond is involved. These new capabilities include 
functionality specific to the filing and processing of formal 
consumption entries and informal entries. The capabilities serve to 
assist the importer in completion of entry as required by the 
provisions of 19 U.S.C. 1484(a)(1)(B).

Modification to Data Elements To Be Filed

    In the original Federal Register notice announcing SE on November 
9, 2011, CBP stated for the SE test that in lieu of filing CBP Form 
3461 data, the importer or broker acting on behalf of the importer was 
allowed to submit 12 required data elements and three (3) optional data 
elements (known as the Simplified Entry Data Set or Simplified Entry 
Data) with CBP. The Simplified Entry Data Set may be filed at any time 
prior to the arrival of the cargo in the United States port of arrival 
with the intent to unlade. To enable enhanced functionality in ACE 
Cargo Release, this notice introduces three (3) new data elements in 
certain situations. They are as follows:

--Port of Entry (if an in-bond number is provided in the entry 
submission, the planned port of entry must also be provided).
--In-Bond (if applicable).
--Bill Quantity (if bill of lading quantity is specified in the entry, 
it becomes the entered and released quantity for that bill. If the bill 
quantity is not specified, full bill quantity will be entered and 
released for that bill).

Functionality

    Upon receipt of the Simplified Entry Data, CBP will process the 
submission and will subsequently transmit its cargo release decision to 
the filer. Releases will be made at the house bill level. The 
merchandise will then be considered to be entered upon its arrival in 
the port with the intent to unlade, as provided by current 19 CFR 
141.68(e).
    Interested parties should consult the Trade Transformation page on 
cbp.gov for the current listing of applicable SE ports. Entries using 
the SE transaction data set will only be processed in participating SE 
ports. In addition, Cargo Release as a result of the SE transaction set 
will only be issued in a participating SE Port. Any changes and/or 
additions to the ports that are part of the SE test will be posted to 
this page. See https://www.cbp.gov/xp/cgov/trade/trade_transformation/simplified_entry/.
    All other procedures and criteria applicable to participation in 
Simplified Entry, as set forth in previous Federal Register notices are 
incorporated into the ACE Cargo Release test and remain in effect 
unless explicitly changed by this or subsequent notices published in 
the Federal Register.

Paperwork Reduction Act

    The collection of information contained in this ACE Cargo Release 
test have been approved by the Office of Management and Budget (OMB) in 
accordance with the requirements of the Paperwork Reduction Act (44 
U.S.C. 3507) and assigned OMB number 1651-0024.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by OMB.

    Dated: October 30, 2013.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2013-26296 Filed 11-1-13; 8:45 am]
BILLING CODE 9111-14-P