Modification and Clarification of the National Customs Automation Program Tests Regarding Post-Summary Corrections and Periodic Monthly Statements, 89482-89485 [2016-29702]
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89482
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
Closed: 1:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Terrace Level Conference Rooms,
5635 Fishers Lane, Rockville, MD 20852.
Contact Person: Paul A. Sheehy, Ph.D.,
Director, Division of Extramural Affairs,
National Eye Institute, National Institutes of
Health, 5635 Fishers Lane, Suite 1300,
Bethesda, MD 20892, 301–451–2020, ps32h@
nih.gov.
Information is also available on the
Institute’s/Center’s home page:
www.nei.nih.gov, where an agenda and any
additional information for the meeting will
be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.867, Vision Research,
National Institutes of Health, HHS)
Dated: December 6, 2016.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–29604 Filed 12–9–16; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Government-Owned Inventions;
Availability for Licensing
AGENCY:
National Institutes of Health,
HHS.
ACTION:
Notice.
The invention listed below is
owned by an agency of the U.S.
Government and is available for
licensing to achieve expeditious
commercialization of results of
federally-funded research and
development. Foreign patent
applications are filed on selected
inventions to extend market coverage
for companies and may also be available
for licensing.
FOR FURTHER INFORMATION CONTACT:
Licensing information and copies of the
U.S. patent application listed below
may be obtained by communicating
with the indicated licensing contact at
the Technology Transfer and
Intellectual Property Office, National
Institute of Allergy and Infectious
Diseases, 5601 Fishers Lane, Rockville,
MD 20852; tel. 301–496–2644. A signed
Confidential Disclosure Agreement will
be required to receive copies of
unpublished patent applications.
SUPPLEMENTARY INFORMATION:
Technology description follows.
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
Zika Virus Vaccines
Description of Technology
Zika virus (ZIKV) is a flavivirus
transmitted by mosquitos that is
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strongly linked to neurological
´
complications including Guillain-Barre
syndrome, meningoencephalitis, and
microcephaly. The association between
active ZIKV infection during pregnancy
and microcephaly and intrauterine
growth retardation in the fetus has been
confirmed in murine models of ZIKV
infection.
Scientists at NIAID have developed
nucleic acid-based vaccine candidates
to prevent ZIKV infection in humans.
The current lead candidate vaccine is a
plasmid DNA vaccine demonstrated to
accord protection in preclinical models
and is undergoing clinical trial
evaluation. Nucleic acid-based vaccines
have been developed previously for
West Nile virus, another flavivirus
similar to Zika (J.E. Ledgerwood, et al.
J. Infect. Dis. (2011) 203 (10): 1396–
1404). Immunization with the nucleic
acid ZIKV vaccine candidate results in
production of noninfectious virus like
particles (VLPs) made of ZIKV proteins.
These ZIKV VLPs elicit an immune
response which includes neutralizing
antibodies to ZIKV.
Other preclinical ZIKV vaccine
candidates include mRNA, protein, and
noninfectious VLPs.
NIAID is continuing development of
these vaccine candidates. The DNAbased ZIKV vaccine candidate is
currently in clinical trials.
Consequently, for some fields of use,
NIAID will evaluate a license
applicant’s capabilities and experience
in advancing similar technologies
through the regulatory process.
This technology is available for
licensing for commercial development
in accordance with 35 U.S.C. 209 and 37
CFR part 404, as well as for further
development and evaluation under a
research collaboration. This technology
is not eligible for NIH’s start up license.
Potential Commercial Applications:
• Prevention of Zika virus infection
Competitive Advantages:
• There is currently no licensed Zika
virus vaccine
Development Stage:
• Currently, DNA-based vaccine
candidate in Phase I clinical trial
• Phase II clinical trial planned for
early 2017 for DNA-based vaccine
candidate
• Other candidates are in pre-clinical
development
Inventors: Barney S. Graham (NIAID),
Theodore C. Pierson (NIAID), Kimberly
A. Dowd (NIAID), John R. Mascola
(NIAID), Wing-Pui Kong (NIAID), SungYoul Ko (NIAID), Eun Sung Yang
(NIAID), Wei Shi (NIAID), Lingshu
Wang (NIAID), Christina R. Demaso
(NIAID), Rebecca S. Pelc (NIAID),
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Adrian Creanga (NIAID), Julie
Ledgerwood (NIAID), William Schief
(The Scripps Research Institute),
Sebastian Ramisch (The Scripps
Research Institute), Leda Castilho
(Federal University of Rio de Janeiro)
Publications: K.A. Dowd, et al.,
Science, 354, 237–240 (2016).
DOI: 10.1126/science.aai9137.
Intellectual Property: U.S. Patent
Application No. 62/396,613 filed
September 19, 2016 (HHS Reference No.
E–181–2016/0–US–01).
Licensing Contact: Dr. Amy Petrik,
240–627–3721; amy.petrik@nih.gov.
Collaborative Research Opportunity:
The National Institute of Allergy and
Infectious Diseases is seeking statements
of capability or interest from parties
interested in collaborative research to
further develop, evaluate or
commercialize Zika virus vaccine
technologies. For collaboration
opportunities, please contact Dr. Amy
Petrik, 240–627–3721; amy.petrik@
nih.gov.
Dated: December 5, 2016.
Suzanne Frisbie,
Deputy Director, Technology Transfer and
Intellectual Property Office, National Institute
of Allergy and Infectious Diseases.
[FR Doc. 2016–29605 Filed 12–9–16; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs And Border Protection
Modification and Clarification of the
National Customs Automation
Program Tests Regarding PostSummary Corrections and Periodic
Monthly Statements
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to modify and clarify the
National Customs Automation Program
(NCAP) test pertaining to the processing
of post-summary correction (PSC)
claims to entry summaries that are filed
in the Automated Commercial
Environment (ACE), as well as the
periodic monthly statement (PMS) test.
The modifications made by this notice
eliminate some requirements and
liberalize certain requirements needed
for the filing of a PSC making it easier
for importers to file a PSC for additional
entry types, and allowing for additional
time to make a deposit for duties, fees
and taxes owed. With regard to the PMS
SUMMARY:
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test program, this notice announces the
time at which CBP considers a PMS as
paid when filers use the Automated
Clearing House (ACH) debit process.
Except to the extent expressly
announced or modified by this
document, all aspects, rules, terms and
conditions announced in previous
notices regarding the tests remain in
effect.
The changes made by this notice
are effective January 14, 2017.
ADDRESSES: Comments concerning these
test programs may be submitted via
email to Monica Crockett at
ESARinfoinbox@dhs.gov with a subject
line identifier reading, ‘‘Post-Summary
Corrections Processing.’’
FOR FURTHER INFORMATION CONTACT: For
policy-related questions, contact John
Everett via email at otentrysummary@
cbp.dhs.gov. For technical questions
related to ABI transmissions, contact
your assigned client representative.
Interested parties without an assigned
client representative should direct their
questions to the Client Representative
Branch at (703) 650–3500.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
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Post-Summary Correction (PSC) and
Periodic Monthly Statement (PMS) Test
Programs
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement (NAFTA)
Implementation Act (Customs
Modernization Act) (Pub. L. 103–182,
107 Stat. 2057, 2170, December 8, 1993)
(19 U.S.C. 1411). Through NCAP, the
thrust of customs modernization was on
trade compliance and the development
of the Automated Commercial
Environment (ACE), the planned
successor to the Automated Commercial
System (ACS) as the CBP-authorized
electronic data interchange (EDI)
system. ACE is an automated and
electronic system for commercial trade
processing which is intended to
streamline business processes, facilitate
growth in trade, ensure cargo security,
and foster participation in global
commerce, while ensuring compliance
with U.S. laws and regulations and
reducing costs for CBP and all of its
communities of interest. The ability to
meet these objectives depends on
successfully modernizing CBP’s
business functions and the information
technology that supports those
functions. CBP’s modernization efforts
are accomplished through phased
releases of ACE component
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functionality designed to replace
specific legacy ACS functions and add
new functionality. Section 101.9(b) of
title 19 of the Code of Federal
Regulations (19 CFR 101.9(b)) provides
for the testing of NCAP components. See
T.D. 95–21, 60 FR 14211 (March 16,
1995). A list of ACE tests is provided in
Section III below.
1. PSC Test Program
On June 24, 2011, CBP published a
notice in the Federal Register (76 FR
37136) that announced a plan to
conduct an NCAP test concerning new
ACE capabilities which allow importers
to file a PSC for certain entry summaries
using the Automated Broker Interface
(ABI). Importers and other brokers are
also allowed to use ABI to file a PSC to
those pre-liquidation ACE entry
summaries that were accepted by CBP,
fully paid, and under CBP control. On
November 19, 2013, CBP published a
notice in the Federal Register modifying
and clarifying the terms and conditions
of the PSC test. See 78 FR 69434.
2. PMS Test Program
On February 4, 2004, CBP published
a notice in the Federal Register (69 FR
5362) that announced a plan to conduct
an NCAP test concerning PMS which
allows importers to deposit estimated
duties, fees and taxes on a monthly
basis. CBP modified and clarified the
PMS test in seven subsequent Federal
Register notices published on:
September 8, 2004 (69 FR 54302);
February 1, 2005 (70 FR 5199); August
8, 2005 (70 FR 45736); September 22,
2005 (70 FR 55623); January 20, 2006
(71 FR 3315); June 2, 2006 (71 FR
32114); and October 17, 2008 (73 FR
61891).
II. Test Modifications and Clarifications
This document announces numerous
modifications and clarifications to the
PSC and PMS tests. Each modification
and clarification is discussed separately
below. Except to the extent expressly
announced or modified by this
document, all aspects, rules, terms,
requirements, obligations and
conditions announced in previous
notices regarding the PSC and PMS tests
remain in effect.
A. Modifications and Clarifications of
the PSC Test
1. Expansion of Entry Types
This document announces that CBP is
expanding the type of entries that may
be corrected by filing a PSC, in addition
to the current entry types 01
(Consumption—Free and Dutiable) and
03 (Consumption—Antidumping/
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Countervailing Duty). The additional
entry types are as follows:
• 02—Consumption—Quota/Visa
• 06—Consumption—Foreign Trade
Zone (FTZ)
• 07—Consumption—Antidumping/
Countervailing Duty and Quota/Visa
Combination
• 21—Warehouse
• 22—Re-Warehouse
• 23—Temporary Importation Bond
(TIB)
• 31—Warehouse Withdrawal—
Consumption
• 32—Warehouse Withdrawal—Quota
• 34—Warehouse Withdrawal—
Antidumping/Countervailing Duty
• 38—Warehouse Withdrawal—
Antidumping/Countervailing Duty &
Quota/Visa Combination
• 51—Defense Contract Administration
Service Region (DCASR)
• 52—Government—Dutiable
2. Merchandise Subject to Quota
When filing a PSC for an entry of
merchandise subject to quota, the date
and time of submission will be
considered the date and time of
presentation of the merchandise to CBP.
If a PSC is filed on an entry with
merchandise subject to quota, and the
quota is full or nearly full at threshold,
the PSC filer must do two things. The
filer must follow the Entry Summary
Business Rules and Process Document
on www.CBP.gov and also, within 24
hours of making the correction, contact
Headquarters Quota Branch: (202) 863–
6560 (public phone number), email
address: HQQuota@cbp.dhs.gov,
regardless of whether the correction
concerns merchandise subject to quota.
3. Deposit of Duties, Fees and Taxes
With PSC Showing Increase in Liability
This document announces that if a
PSC is filed that increases the importer’s
liability for duties, fees or taxes, the
importer must deposit those additional
duties, fees and taxes within three
business days of submitting the PSC. No
additional PSCs can be filed until those
duties, fees and taxes are deposited.
4. Change of Entry Type When
Antidumping and/or Countervailing
Duties Are Involved
Previously, a filer under the PSC test
could not change a type 03 entry to a
type 01 entry. See 76 FR 37136. This
document announces that a PSC may
declare that a previously filed entry
which stated that merchandise covered
by that entry was subject to
antidumping and/or countervailing
duties is not, in fact, subject to such
duties. For instance, a PSC may declare
that a previously filed 03 entry type is
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
corrected to indicate it is a 01 entry
type.
5. Elimination of CBP’s Policy of
Rejecting a PSC When There Is No
Deposit of Antidumping and/or
Countervailing Duties at Time of
Submission of PSC
This notice announces a change in
CBP policy which will allow an
importer to deposit new or additional
antidumping and/or countervailing
duties within three business days of
submitting the PSC. However, no
additional PSCs can be filed until the
duties are deposited. Previously, when
a PSC declared that an entry was
corrected to indicate it was subject to
antidumping and/or countervailing
duties, or a greater amount of
antidumping and/or countervailing
duties was owed, and those duties were
not deposited at the time of submitting
the PSC, CBP would reject the PSC.
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6. No Filing of PSC To Make a PostImportation Claim Under 19 U.S.C.
1520(d)
On June 24, 2011, CBP announced in
the Federal Register (76 FR 37136) that
one of the data elements that may not
be modified via a PSC is the NAFTA
indicator. This notice clarifies that such
prohibition applies not only to a postimportation NAFTA claim under 19
U.S.C. 1520(d), but also to a claim made
under other free trade agreements
covered by 19 U.S.C. 1520(d).
7. PSC Submission Within the Time
Limitations Authorized by This Test
On November 19, 2013, CBP
published a notice in the Federal
Register (78 FR 69434) that stated that
a PSC cannot be filed when any
merchandise covered by the original
entry has been conditionally released
and its right to admission has not been
determined. This restriction was overly
broad and prevented importers from
filing a PSC because all goods are
conditionally released and their
admissibility is not legally determined
until liquidation. This notice announces
that this restriction does not prevent the
filing of a PSC within the time periods
allowed as long as all other
requirements and limitations are met.
The time limits authorized by this test
are set forth in notices published in the
Federal Register on June 24, 2011 (76
FR 37136) and November 19, 2013 (78
FR 69434). This clarification is in line
with current practice.
B. Modification to the PMS Test
This notice announces that CBP will
consider a PMS as paid, in the event the
importer uses the Automated Clearing
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House (ACH) debit process, when CBP
receives confirmation from the Treasury
Department that funds are available and
transferred to CBP from the financial
institution designated by the importer
for payment of the ACH debit
authorization. Prior to this modification,
CBP considered a PMS as paid when
CBP transmitted the debit authorization
to the designated financial institution.
See 69 FR 5362 (February 4, 2004). This
change will result in a delay of
approximately two working days in the
time that CBP uses to consider a PMS
as paid. It is important to note that this
modification applies only to importers
who participate in the test program. For
all other importers, the current
regulation, 19 CFR 24.25(c)(4), still
applies which means CBP will consider
a statement as paid upon acceptance of
the ACH debit authorization.
III. Development of ACE Prototypes
A chronological listing of Federal
Register publications detailing ACE test
developments is set forth below.
• ACE Portal Accounts and
Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 69 FR 5360 and 69
FR 5362 (February 4, 2004); 69 FR
54302 (September 8, 2004); 70 FR 5199
(February 1, 2005).
• ACE System of Records Notice: 71
FR 3109 (January 19, 2006).
• Terms/Conditions for Access to the
ACE Portal and Subsequent Revisions:
72 FR 27632 (May 16, 2007); 73 FR
38464 (July 7, 2008).
• ACE Non-Portal Accounts and
Related Notice: 70 FR 61466 (October
24, 2005); 71 FR 15756 (March 29,
2006).
• ACE Entry Summary, Accounts and
Revenue (ESAR I) Capabilities: 72 FR
59105 (October 18, 2007).
• ACE Entry Summary, Accounts and
Revenue (ESAR II) Capabilities: 73 FR
50337 (August 26, 2008); 74 FR 9826
(March 6, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR III) Capabilities: 74 FR
69129 (December 30, 2009).
• ACE Entry Summary, Accounts and
Revenue (ESAR IV) Capabilities: 76 FR
37136 (June 24, 2011).
• Post-Entry Amendment (PEA)
Processing Test: 76 FR 37136 (June 24,
2011).
• ACE Announcement of a New Start
Date for the National Customs
Automation Program Test of Automated
Manifest Capabilities for Ocean and Rail
Carriers: 76 FR 42721 (July 19, 2011).
• ACE Simplified Entry: 76 FR 69755
(November 9, 2011).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
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(ACE) Document Image System (DIS): 77
FR 20835 (April 6, 2012).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Simplified Entry: Modification of
Participant Selection Criteria and
Application Process: 77 FR 48527
(August 14, 2012).
• Modification of National Customs
Automation Program (NCAP) Test
Regarding Reconciliation for Filing
Certain Post-Importation Preferential
Tariff Treatment Claims under Certain
FTAs: 78 FR 27984 (May 13, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE): 78 FR 44142 (July
23, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE); Correction: 78 FR
53466 (August 29, 2013).
• Modification of National Customs
Automation Program Test Concerning
Automated Commercial Environment
(ACE) Cargo Release (formerly known as
Simplified Entry): 78 FR 66039
(November 4, 2013).
• Post-Summary Corrections to Entry
Summaries Filed in ACE Pursuant to the
ESAR IV Test: Modifications and
Clarifications: 78 FR 69434 (November
19, 2013).
• National Customs Automation
Program (NCAP) Test Concerning the
Submission of Certain Data Required by
the Environmental Protection Agency
and the Food Safety and Inspection
Service Using the Partner Government
Agency Message Set Through the
Automated Commercial Environment
(ACE): 78 FR 75931 (December 13,
2013).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers: 79 FR 6210
(February 3, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release to
Allow Importers and Brokers to Certify
From ACE Entry Summary: 79 FR 24744
(May 1, 2014).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Truck Carriers: 79 FR 25142 (May 2,
2014).
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• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
• Announcement of eBond Test: 79
FR 70881 (November 28, 2014).
• eBond Test Modifications and
Clarifications: Continuous Bond
Executed Prior to or Outside the eBond
Test May Be Converted to an eBond by
the Surety and Principal, Termination of
an eBond by Filing Identification
Number, and Email Address Correction:
80 FR 899 (January 7, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System Relating to Animal and Plant
Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126
(January 30, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the use of Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE) for the Submission
of Certain Data Required by the
Environmental Protection Agency
(EPA): 80 FR 6098 (February 4, 2015).
• Announcement of Modification of
ACE Cargo Release Test to Permit the
Combined Filing of Cargo Release and
Importer Security Filing (ISF) Data: 80
FR 7487 (February 10, 2015).
• Modification of NCAP Test
Concerning ACE Cargo Release for Type
03 Entries and Advanced Capabilities
for Truck Carriers: 80 FR 16414 (March
27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10,
2015).
• National Customs Automation
Program (NCAP) Concerning Remote
Location Filing Entry Procedures in the
Automated Commercial Environment
(ACE) and the Use of the Document
Image System for the Submission of
Invoices and the Use of eBonds for the
Transmission of Single Transaction
Bonds: 80 FR 40079 (July 13, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Automated Commercial
Environment (ACE) Partner Government
Agency (PGA) Message Set Regarding
Types of Transportation Modes and
Certain Data Required by the National
Highway Traffic Safety Administration
(NHTSA): 80 FR 47938 (August 10,
2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Vessel Cargo Test: 80 FR 50644 (August
20, 2015).
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18:59 Dec 09, 2016
Jkt 241001
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Submission of Certain
Data Required by the Food and Drug
Administration (FDA) Using the Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE): 80 FR 52051
(August 27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305
(September 9, 2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE)
Document Image System (DIS)
Regarding Future Updates and New
Method of Submission of Accepted
Documents: 80 FR 62082 (October 15,
2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Cargo
Release for Entry Type 52 and Certain
Other Modes of Transportation: 80 FR
63576 (October 20, 2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Entry
Summary, Accounts and Revenue
(ESAR) Test of Automated Entry
Summary Types 51 and 52 and Certain
Modes of Transportation: 80 FR 63815
(October 21, 2015).
• Modification of the National
Customs Automation Program Test
Concerning the Automated Commercial
Environment Portal Account to
Establish the Exporter Portal Account:
80 FR 63817 (October 21, 2015).
• Modification of National Customs
Automation Program Test Concerning
the Automated Commercial
Environment Partner Government
Agency Message Set Regarding the
Toxic Substances Control Act
Certification Required by the
Environmental Protection Agency: 81
FR 7133 (February 10, 2016).
• 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: 81 FR 10264
(February 29, 2016).
• Modification of the National
Customs Automation Program (NCAP);
Test Concerning the Partner
Government Agency Message Set for
Certain Data Required by the
Environmental Protection Agency
(EPA): 81 FR 13399 (March 14, 2016).
• Cessation of National Customs
Automation Program (NCAP) Test
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89485
Concerning the Submission of Certain
Data Required by the Food and Drug
Administration (FDA) Using the Partner
Government Agency (PGA) Message Set
Through the Automated Commercial
Environment (ACE): 81 FR 18634
(March 31, 2016).
• Automated Commercial
Environment (ACE); Announcement of
National Customs Automation Program
Test of the In-Transit Manifest Pilot
Program: 81 FR 24837 (April 27, 2016).
• Announcement of National
Customs Automation Program (NCAP)
Test Concerning the Submission
through the Automated Commercial
Environment (ACE) of Certain Import
Data and Documents Required by the
U.S. Fish and Wildlife Service: 81 FR
27149 (May 5, 2016).
• 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 Accompanied by Food
and Drug Administration (FDA) Data: 81
FR 30320 (May 16, 2016).
• Notice Announcing the Automated
Commercial Environment (ACE) as the
Sole CBP-Authorized Electronic Data
Interchange (EDI) System for Processing
Electronic Entry and Entry Summary
Filings: 81 FR 32339 (May 23, 2016).
• Notice Announcing the Automated
Commercial Environment (ACE) Protest
Module as the Sole CBP-Authorized
Method for Filing Electronic Protests: 81
FR 49685 (July 28, 2016).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Portal
Accounts to Establish the Protest Filer
Account and Clarification that the
Terms and Conditions for Account
Access Apply to all ACE Portal
Accounts: 81 FR 52453 (August 8,
2016).
• National Customs Automation
Program (NCAP) Test Concerning
Electronic Filing of Protests in the
Automated Commercial Environment
(ACE): 81 FR 53497 (August 12, 2016).
Dated: December 7, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2016–29702 Filed 12–9–16; 8:45 am]
BILLING CODE 9111–14–P
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89482-89485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29702]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs And Border Protection
Modification and Clarification of the National Customs Automation
Program Tests Regarding Post-Summary Corrections and Periodic Monthly
Statements
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 modify and clarify the National Customs Automation
Program (NCAP) test pertaining to the processing of post-summary
correction (PSC) claims to entry summaries that are filed in the
Automated Commercial Environment (ACE), as well as the periodic monthly
statement (PMS) test. The modifications made by this notice eliminate
some requirements and liberalize certain requirements needed for the
filing of a PSC making it easier for importers to file a PSC for
additional entry types, and allowing for additional time to make a
deposit for duties, fees and taxes owed. With regard to the PMS
[[Page 89483]]
test program, this notice announces the time at which CBP considers a
PMS as paid when filers use the Automated Clearing House (ACH) debit
process. Except to the extent expressly announced or modified by this
document, all aspects, rules, terms and conditions announced in
previous notices regarding the tests remain in effect.
DATES: The changes made by this notice are effective January 14, 2017.
ADDRESSES: Comments concerning these test programs may be submitted via
email to Monica Crockett at ESARinfoinbox@dhs.gov with a subject line
identifier reading, ``Post-Summary Corrections Processing.''
FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact
John Everett via email at otentrysummary@cbp.dhs.gov. For technical
questions related to ABI transmissions, contact your assigned client
representative. Interested parties without an assigned client
representative should direct their questions to the Client
Representative Branch at (703) 650-3500.
SUPPLEMENTARY INFORMATION:
I. Background
Post-Summary Correction (PSC) and Periodic Monthly Statement (PMS) Test
Programs
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on
trade compliance and the development of the Automated Commercial
Environment (ACE), the planned successor to the Automated Commercial
System (ACS) as the CBP-authorized electronic data interchange (EDI)
system. ACE is an automated and electronic system for commercial trade
processing which is intended to streamline business processes,
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while ensuring compliance with U.S.
laws and regulations and reducing costs for CBP and all of its
communities of interest. The ability to meet these objectives depends
on successfully modernizing CBP's business functions and the
information technology that supports those functions. CBP's
modernization efforts are accomplished through phased releases of ACE
component functionality designed to replace specific legacy ACS
functions and add new functionality. Section 101.9(b) of title 19 of
the Code of Federal Regulations (19 CFR 101.9(b)) provides for the
testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March 16,
1995). A list of ACE tests is provided in Section III below.
1. PSC Test Program
On June 24, 2011, CBP published a notice in the Federal Register
(76 FR 37136) that announced a plan to conduct an NCAP test concerning
new ACE capabilities which allow importers to file a PSC for certain
entry summaries using the Automated Broker Interface (ABI). Importers
and other brokers are also allowed to use ABI to file a PSC to those
pre-liquidation ACE entry summaries that were accepted by CBP, fully
paid, and under CBP control. On November 19, 2013, CBP published a
notice in the Federal Register modifying and clarifying the terms and
conditions of the PSC test. See 78 FR 69434.
2. PMS Test Program
On February 4, 2004, CBP published a notice in the Federal Register
(69 FR 5362) that announced a plan to conduct an NCAP test concerning
PMS which allows importers to deposit estimated duties, fees and taxes
on a monthly basis. CBP modified and clarified the PMS test in seven
subsequent Federal Register notices published on: September 8, 2004 (69
FR 54302); February 1, 2005 (70 FR 5199); August 8, 2005 (70 FR 45736);
September 22, 2005 (70 FR 55623); January 20, 2006 (71 FR 3315); June
2, 2006 (71 FR 32114); and October 17, 2008 (73 FR 61891).
II. Test Modifications and Clarifications
This document announces numerous modifications and clarifications
to the PSC and PMS tests. Each modification and clarification is
discussed separately below. Except to the extent expressly announced or
modified by this document, all aspects, rules, terms, requirements,
obligations and conditions announced in previous notices regarding the
PSC and PMS tests remain in effect.
A. Modifications and Clarifications of the PSC Test
1. Expansion of Entry Types
This document announces that CBP is expanding the type of entries
that may be corrected by filing a PSC, in addition to the current entry
types 01 (Consumption--Free and Dutiable) and 03 (Consumption--
Antidumping/Countervailing Duty). The additional entry types are as
follows:
02--Consumption--Quota/Visa
06--Consumption--Foreign Trade Zone (FTZ)
07--Consumption--Antidumping/Countervailing Duty and Quota/
Visa Combination
21--Warehouse
22--Re-Warehouse
23--Temporary Importation Bond (TIB)
31--Warehouse Withdrawal--Consumption
32--Warehouse Withdrawal--Quota
34--Warehouse Withdrawal--Antidumping/Countervailing Duty
38--Warehouse Withdrawal--Antidumping/Countervailing Duty &
Quota/Visa Combination
51--Defense Contract Administration Service Region (DCASR)
52--Government--Dutiable
2. Merchandise Subject to Quota
When filing a PSC for an entry of merchandise subject to quota, the
date and time of submission will be considered the date and time of
presentation of the merchandise to CBP. If a PSC is filed on an entry
with merchandise subject to quota, and the quota is full or nearly full
at threshold, the PSC filer must do two things. The filer must follow
the Entry Summary Business Rules and Process Document on www.CBP.gov
and also, within 24 hours of making the correction, contact
Headquarters Quota Branch: (202) 863-6560 (public phone number), email
address: HQQuota@cbp.dhs.gov, regardless of whether the correction
concerns merchandise subject to quota.
3. Deposit of Duties, Fees and Taxes With PSC Showing Increase in
Liability
This document announces that if a PSC is filed that increases the
importer's liability for duties, fees or taxes, the importer must
deposit those additional duties, fees and taxes within three business
days of submitting the PSC. No additional PSCs can be filed until those
duties, fees and taxes are deposited.
4. Change of Entry Type When Antidumping and/or Countervailing Duties
Are Involved
Previously, a filer under the PSC test could not change a type 03
entry to a type 01 entry. See 76 FR 37136. This document announces that
a PSC may declare that a previously filed entry which stated that
merchandise covered by that entry was subject to antidumping and/or
countervailing duties is not, in fact, subject to such duties. For
instance, a PSC may declare that a previously filed 03 entry type is
[[Page 89484]]
corrected to indicate it is a 01 entry type.
5. Elimination of CBP's Policy of Rejecting a PSC When There Is No
Deposit of Antidumping and/or Countervailing Duties at Time of
Submission of PSC
This notice announces a change in CBP policy which will allow an
importer to deposit new or additional antidumping and/or countervailing
duties within three business days of submitting the PSC. However, no
additional PSCs can be filed until the duties are deposited.
Previously, when a PSC declared that an entry was corrected to indicate
it was subject to antidumping and/or countervailing duties, or a
greater amount of antidumping and/or countervailing duties was owed,
and those duties were not deposited at the time of submitting the PSC,
CBP would reject the PSC.
6. No Filing of PSC To Make a Post-Importation Claim Under 19 U.S.C.
1520(d)
On June 24, 2011, CBP announced in the Federal Register (76 FR
37136) that one of the data elements that may not be modified via a PSC
is the NAFTA indicator. This notice clarifies that such prohibition
applies not only to a post-importation NAFTA claim under 19 U.S.C.
1520(d), but also to a claim made under other free trade agreements
covered by 19 U.S.C. 1520(d).
7. PSC Submission Within the Time Limitations Authorized by This Test
On November 19, 2013, CBP published a notice in the Federal
Register (78 FR 69434) that stated that a PSC cannot be filed when any
merchandise covered by the original entry has been conditionally
released and its right to admission has not been determined. This
restriction was overly broad and prevented importers from filing a PSC
because all goods are conditionally released and their admissibility is
not legally determined until liquidation. This notice announces that
this restriction does not prevent the filing of a PSC within the time
periods allowed as long as all other requirements and limitations are
met. The time limits authorized by this test are set forth in notices
published in the Federal Register on June 24, 2011 (76 FR 37136) and
November 19, 2013 (78 FR 69434). This clarification is in line with
current practice.
B. Modification to the PMS Test
This notice announces that CBP will consider a PMS as paid, in the
event the importer uses the Automated Clearing House (ACH) debit
process, when CBP receives confirmation from the Treasury Department
that funds are available and transferred to CBP from the financial
institution designated by the importer for payment of the ACH debit
authorization. Prior to this modification, CBP considered a PMS as paid
when CBP transmitted the debit authorization to the designated
financial institution. See 69 FR 5362 (February 4, 2004). This change
will result in a delay of approximately two working days in the time
that CBP uses to consider a PMS as paid. It is important to note that
this modification applies only to importers who participate in the test
program. For all other importers, the current regulation, 19 CFR
24.25(c)(4), still applies which means CBP will consider a statement as
paid upon acceptance of the ACH debit authorization.
III. Development of ACE Prototypes
A chronological listing of Federal Register publications detailing
ACE test developments is set forth below.
ACE Portal Accounts and Subsequent Revision Notices: 67 FR
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
ACE System of Records Notice: 71 FR 3109 (January 19,
2006).
Terms/Conditions for Access to the ACE Portal and
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7,
2008).
ACE Non-Portal Accounts and Related Notice: 70 FR 61466
(October 24, 2005); 71 FR 15756 (March 29, 2006).
ACE Entry Summary, Accounts and Revenue (ESAR I)
Capabilities: 72 FR 59105 (October 18, 2007).
ACE Entry Summary, Accounts and Revenue (ESAR II)
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6,
2009).
ACE Entry Summary, Accounts and Revenue (ESAR III)
Capabilities: 74 FR 69129 (December 30, 2009).
ACE Entry Summary, Accounts and Revenue (ESAR IV)
Capabilities: 76 FR 37136 (June 24, 2011).
Post-Entry Amendment (PEA) Processing Test: 76 FR 37136
(June 24, 2011).
ACE Announcement of a New Start Date for the National
Customs Automation Program Test of Automated Manifest Capabilities for
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Document Image System
(DIS): 77 FR 20835 (April 6, 2012).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Simplified Entry:
Modification of Participant Selection Criteria and Application Process:
77 FR 48527 (August 14, 2012).
Modification of National Customs Automation Program (NCAP)
Test Regarding Reconciliation for Filing Certain Post-Importation
Preferential Tariff Treatment Claims under Certain FTAs: 78 FR 27984
(May 13, 2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23,
2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466
(August 29, 2013).
Modification of National Customs Automation Program Test
Concerning Automated Commercial Environment (ACE) Cargo Release
(formerly known as Simplified Entry): 78 FR 66039 (November 4, 2013).
Post-Summary Corrections to Entry Summaries Filed in ACE
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR
69434 (November 19, 2013).
National Customs Automation Program (NCAP) Test Concerning
the Submission of Certain Data Required by the Environmental Protection
Agency and the Food Safety and Inspection Service Using the Partner
Government Agency Message Set Through the Automated Commercial
Environment (ACE): 78 FR 75931 (December 13, 2013).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release to
Allow Importers and Brokers to Certify From ACE Entry Summary: 79 FR
24744 (May 1, 2014).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Truck Carriers: 79 FR 25142 (May 2, 2014).
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Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
Announcement of eBond Test: 79 FR 70881 (November 28,
2014).
eBond Test Modifications and Clarifications: Continuous
Bond Executed Prior to or Outside the eBond Test May Be Converted to an
eBond by the Surety and Principal, Termination of an eBond by Filing
Identification Number, and Email Address Correction: 80 FR 899 (January
7, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Document Image
System Relating to Animal and Plant Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126 (January 30, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the use of Partner Government Agency Message Set
through the Automated Commercial Environment (ACE) for the Submission
of Certain Data Required by the Environmental Protection Agency (EPA):
80 FR 6098 (February 4, 2015).
Announcement of Modification of ACE Cargo Release Test to
Permit the Combined Filing of Cargo Release and Importer Security
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
Modification of NCAP Test Concerning ACE Cargo Release for
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR
16414 (March 27, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10, 2015).
National Customs Automation Program (NCAP) Concerning
Remote Location Filing Entry Procedures in the Automated Commercial
Environment (ACE) and the Use of the Document Image System for the
Submission of Invoices and the Use of eBonds for the Transmission of
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the Automated Commercial Environment (ACE) Partner
Government Agency (PGA) Message Set Regarding Types of Transportation
Modes and Certain Data Required by the National Highway Traffic Safety
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the Submission of Certain Data Required by the Food and
Drug Administration (FDA) Using the Partner Government Agency Message
Set through the Automated Commercial Environment (ACE): 80 FR 52051
(August 27, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE)
Document Image System (DIS) Regarding Future Updates and New Method of
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo
Release for Entry Type 52 and Certain Other Modes of Transportation: 80
FR 63576 (October 20, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815
(October 21, 2015).
Modification of the National Customs Automation Program
Test Concerning the Automated Commercial Environment Portal Account to
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
Modification of National Customs Automation Program Test
Concerning the Automated Commercial Environment Partner Government
Agency Message Set Regarding the Toxic Substances Control Act
Certification Required by the Environmental Protection Agency: 81 FR
7133 (February 10, 2016).
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: 81 FR 10264 (February 29, 2016).
Modification of the National Customs Automation Program
(NCAP); Test Concerning the Partner Government Agency Message Set for
Certain Data Required by the Environmental Protection Agency (EPA): 81
FR 13399 (March 14, 2016).
Cessation of National Customs Automation Program (NCAP)
Test Concerning the Submission of Certain Data Required by the Food and
Drug Administration (FDA) Using the Partner Government Agency (PGA)
Message Set Through the Automated Commercial Environment (ACE): 81 FR
18634 (March 31, 2016).
Automated Commercial Environment (ACE); Announcement of
National Customs Automation Program Test of the In-Transit Manifest
Pilot Program: 81 FR 24837 (April 27, 2016).
Announcement of National Customs Automation Program (NCAP)
Test Concerning the Submission through the Automated Commercial
Environment (ACE) of Certain Import Data and Documents Required by the
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2016).
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 Accompanied by Food and Drug Administration (FDA) Data: 81 FR
30320 (May 16, 2016).
Notice Announcing the Automated Commercial Environment
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI)
System for Processing Electronic Entry and Entry Summary Filings: 81 FR
32339 (May 23, 2016).
Notice Announcing the Automated Commercial Environment
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing
Electronic Protests: 81 FR 49685 (July 28, 2016).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE)
Portal Accounts to Establish the Protest Filer Account and
Clarification that the Terms and Conditions for Account Access Apply to
all ACE Portal Accounts: 81 FR 52453 (August 8, 2016).
National Customs Automation Program (NCAP) Test Concerning
Electronic Filing of Protests in the Automated Commercial Environment
(ACE): 81 FR 53497 (August 12, 2016).
Dated: December 7, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-29702 Filed 12-9-16; 8:45 am]
BILLING CODE 9111-14-P