Announcement of Test Program Regarding Electronic Foreign Trade Zone Admission Applications, 48774-48777 [05-16427]

Download as PDF 48774 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices or fax (202) 267–4814, for questions on these documents; or Ms. Andrea M. Jenkins, Program Manager, Docket Operations, (202) 366–0271, for questions on the docket. SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on the proposed collection of information to determine whether the collection is necessary for the proper performance of the functions of the Department. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of the collections; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to DMS or OIRA must contain the OMB Control Number of the Information Collection Request (ICR) addressed. Comments to DMS must contain the docket number of this request, [USCG 2005–21264]. For your comments to OIRA to be considered, it is best if OIRA receives them on or before the September 19, 2005. Public participation and request for comments: We encourage you to respond to this request for comments by submitting comments and related materials. We will post all comments received, without change, to http:// dms.dot.gov, and they will include any personal information you have provided. We have an agreement with DOT to use their Docket Management Facility. Please see the paragraph on DOT’s ‘‘Privacy Act Policy’’ below. Submitting comments: If you submit a comment, please include your name and address, identify the docket number for this request for comment [USCG–2005– 21264], indicate the specific section of this document or the ICR to which each comment applies, and give the reason for each comment. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES, but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. The Coast Guard and OIRA will consider all comments and material received during the comment period. VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 We may change the documents supporting this collection of information or even the underlying requirements in view of them. Viewing comments and documents: To view comments, as well as documents mentioned in this notice as being available in the docket, go to http://dms.dot.gov at any time and conduct a simple search using the docket number. You may also visit the Docket Management Facility in room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Privacy Act Statement of DOT in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov. Previous Request for Comments This request provides a 30-day comment period required by OIRA. The Coast Guard has already published the 60-day notice (70 FR 30963, May 31, 2005) required by 44 U.S.C. 3506(c)(2). That notice elicited one comment. The commenter discussed the issue of the state of New Jersey sinking old junk ships off its shore. The comment made no reference to our collection of information request and does not require a response from the Coast Guard. Information Collection Request Title: CG–2554 Private Aids to Navigation Application, and CG–4143 Application for Class I Private Aids to Navigation Artificial Islands/Fixed Structures. OMB Control Number: 1625–0011. Type of Request: Extension of a currently approved collection. Affected Public: Owners and operators of facilities and tank vessels, and certifying entities. Forms: CG–2554 and CG–4143. Abstract: The information on these private aid applications (CG–2554 and CG–4143) provides the Coast Guard with vital information about private aids to navigation and is essential for safe marine navigation. These forms are required under 33 CFR parts 66 and 67. The information is processed to ensure the private aid is in compliance with current regulations. Additionally, these forms provide the Coast Guard with information that can be distributed to PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 the public to advise of new, or changes to, private aids to navigation. Burden Estimates: The estimated burden has been decreased from 3,073 hours to 3,000 hours a year. Dated: August 11, 2005. Nathaniel S. Heiner, Acting, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. 05–16462 Filed 8–18–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Announcement of Test Program Regarding Electronic Foreign Trade Zone Admission Applications Customs and Border Protection, Homeland Security. ACTION: General notice. AGENCY: SUMMARY: This notice announces the Bureau of Customs and Border Protection’s (CBP) plan to conduct a voluntary test program to allow the submission of electronic Foreign Trade Zone (FTZ) admission applications. Pursuant to the terms of the test, an application for FTZ admission (CBP Form 214—‘‘FTZ Admission and/or Status Designation’’) may be filed electronically with CBP via the Automated Broker Interface (ABI). Parties not participating in the test may continue to file the CBP Form 214 in a paper format pursuant to existing FTZ procedures. The test program is limited to electronic FTZ admission applications for merchandise reported to CBP via air, sea, and rail manifest. CBP intends to implement a future phase of this test that will allow electronic FTZ admission applications for merchandise reported to CBP via truck manifest as soon as a CBPapproved electronic data interchange system exists for these transmissions. This notice informs interested members of the public of the eligibility and procedural requirements for participation in the test, outlines the evaluation methodology to be used, and invites public comment concerning any aspect of the planned prototype test. DATES: The Electronic FTZ Admission Application test program will commence no earlier than September 30, 2005, and will run for approximately 6 months with a final evaluation to take place at the end of that period. CBP may extend the test period by way of announcement in the Federal Register. E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices Comments concerning this notice and any aspect of the prototype may be submitted at any time during the test period. Written comments regarding this notice should be addressed to Customs and Border Protection, Cargo Control Branch, 1300 Pennsylvania Avenue, NW., Room 5.2A, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Gary Rosenthal, Customs and Border Protection, Office of Field Operations, via e-mail at gary.rosenthal@dhs.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Background Electronic Foreign Trade Zone Admission Application Prototype: Planned Component of the National Customs Automation Program Title VI of the North American Free Trade Agreement Implementation Act (the Act), Pub. L. 103–182, 107 Stat. 2057 (December 8, 1993), contains provisions pertaining to Customs Modernization (107 Stat. 2170). Subpart B of Title VI of the Act concerns the National Customs Automation Program (NCAP), an electronic system for the processing of commercial importations. Within subpart B, section 631 of the Act added section 411 to the Tariff Act of 1930 (19 U.S.C. 1411–1414), which defines the NCAP, provides for the establishment of and participation in the NCAP, and includes a list of existing and planned components. Section 411(a)(2)(G) identifies any program initiated by CBP to carry out the automation goals of this subpart as a planned NCAP component. The planned test program described in this document falls within this category of planned NCAP component. Section 101.9(b) of Title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides for the testing of NCAP planned components. The Electronic Foreign Trade Zone (FTZ) Admissions Application prototype is being tested in accordance with this provision. Description of the Test Program The Electronic FTZ Admission Application test program permits a participant to submit an electronic version of the CBP Form 214 (‘‘FTZ Admission and/or Status Designation’’) to CBP via the Automated Broker Interface (ABI) of Customs Automated Commercial System (ACS). Any person not participating in the prototype will be required to submit a paper CBP Form 214 pursuant to existing FTZ admission procedures. VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 The test program is limited to electronic FTZ admission applications for merchandise reported to CBP via air, sea, and rail manifest. It is noted that CBP intends to implement a future phase of this test that will allow electronic FTZ admission applications for merchandise reported to CBP via truck manifest as soon as a CBPapproved electronic data interchange system exists for these transmissions. Regulatory Provisions Suspended Subpart C to part 146 of the CFR prescribes the conditions applicable to admission of merchandise into a foreign trade zone. To the extent that certain provisions within subpart C to part 146 may be incompatible with the terms of this test program, the affected regulatory provisions will be suspended for the duration of the prototype test. Test Commencement Date The test program will commence no earlier than September 30, 2005, and will run for a 6-month period with a final evaluation to take place at the end of the test period. CBP may extend the prototype and any such extension will be announced in the Federal Register. Participant Eligibility Eligible participants in the Electronic FTZ Admissions Application test program include: • FTZ operators • FTZ Admission Applicants • Agents of FTZ Admission Applicants Participation in the test is voluntary and there are no application procedures. Prototype Procedures Submission of Electronic CBP Form 214 and Related Data Test participants must request permission to admit merchandise into a FTZ by electronically transmitting the CBP Form 214 data elements to CBP via ABI. The data transmission may cover a single shipment of merchandise or be a consolidated transmission that covers multiple shipments to a single zone. CBP must receive the CBP Form 214 before the merchandise can be released for admission into the FTZ. An exception to this requirement exists for test participants who are authorized to use the FTZ direct delivery procedures, as discussed below. The test program will also incorporate transmissions of data on merchandise that is transported to a FTZ or from a FTZ if the data transmission is made via CBP Form 7512 in-bond transaction or its electronic equivalent. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 48775 Prior Notice Reporting Requirements Test participants, including those approved to participate under direct delivery procedures, must comply with the prior notice reporting requirements stipulated in the Public Health Security and Bioterrorism Preparedness and Responsive Act of 2002 (‘‘the Bioterrorism Act’’), Public Law 107– 188. Title III of the Bioterrorism Act contains provisions relating to providing the Department of Health and Human Services with prior notice regarding certain information about foods that are imported or offered for import into the United States. Direct Delivery Procedures As a general rule, a test participant who is also authorized to use the direct delivery procedures prescribed in § 146.39 (19 CFR 146.39) to admit merchandise into a FTZ may transmit the required data to CBP on an electronic CBP Form 214 no later than the close of business on the business day following receipt of the merchandise into the FTZ inventory control and recordkeeping system. With regard to the applicability of direct delivery procedures in the context of the test program, two exceptions to the above rule are noted. First, as stated above, direct delivery participants are subject to any applicable prior notice reporting requirements set forth in the Bioterrorism Act. Second, in the absence of a CBP Form 7512 in-bond transaction authorizing direct delivery to the FTZ, or its electronic equivalent, a permit to transfer request must be electronically transmitted to CBP before the merchandise can be released for admission. FTZ Operators as Test Participants Under the test program, a FTZ operator will be able to accept or reject the merchandise, assume custodial responsibility for the accepted merchandise and report discrepancies between the documents covering the merchandise and the merchandise itself, admit zone status merchandise transferred from another zone, change zone status, admit domestic status merchandise, and transmit post admission inventory adjustment transactions via ABI. Transmittal of Statistical Data to the Bureau of Census After permission to transfer merchandise into a FTZ is granted, CBP will transmit statistical data to the Bureau of the Census through an automated link. E:\FR\FM\19AUN1.SGM 19AUN1 48776 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices CBP Form 214 Required Data Elements Participants in the test must provide CBP with the following data elements: • A code representing the action to be taken (i.e., add, delete, replace). • A line item number. • The zone number designated in the foreign trade zone grant. • The port code where the FTZ is located as shown in Schedule D, Harmonized Tariff Schedule of the United States (HTSUS). • An indicator specifying whether the merchandise is being admitted into the FTZ under direct delivery procedures. • The Automated Broker Interface (ABI) filer code. • The ABI routing code and optional office extension for one additional ABI participant who will receive a copy of the electronic CBP Form 214 and subsequent electronic notifications. • The IRS number, Importer of Record Number or EIN of the applicant. • An indicator specifying the admission type. • The mode of transportation code. Valid codes are listed in Appendix B of the CATAIR (CBP Publication 552, Customs and Trade Automated Interface Requirements). • The name of the conveyance (if not a vessel, the name of the transportation company). • The vessel voyage, truck or rail trip, or aircraft flight number. • The country of export. • The export date. For merchandise arriving in the U.S. by vessel: the month, day and year on which the vessel departed the last port of the country of exportation. For merchandise exported by air: the month, day and year on which the aircraft departed the last airport of the country of exportation. For merchandise exported by truck or rail: the month, day and year in which the carrier crossed the border of the country of exportation. • The import date. For merchandise arriving in the U.S. by vessel: the month, day and year on which the vessel transporting the merchandise from the foreign country arrived within the limits of the U.S. port at which the merchandise was unladen. For merchandise arriving in the U.S. other than by vessel: the month, day and year in which the merchandise arrived within the territory of the U.S. • The zone admission number (zone number, calendar year, and control number). • The U.S. port of unlading (the port at which the merchandise was unladen whether or not the port is a CBP port of entry). Valid codes are listed in Schedule D issued by the Bureau of the Census. VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 • The foreign port of lading. • The bill of lading or airway bill number. • The house bill number. • The Standard Carrier Alpha Code (SCAC) identifier of the importing carrier. • The immediate transportation (IT) number assigned to in-bond shipments and the date the CBP Form 7512 was prepared. • The number of packages and the country of origin. An indication of the quantity and unit of measure (cartons, cases, bundles, etc.) in the shipment as stated in the Customs Automated Manifest Interface Requirements (CAMIR). For containerized merchandise, an indication of the number of packages within the container(s) and the container number(s). For bulk shipments, show ‘‘1 Bulk.’’ Enter the country of origin code, provided in Annex B, ISO code, Harmonized Tariff Schedule (HTS), which represents the country of origin in which the product was manufactured, mined, or grown. If the merchandise is from more than one country of origin, the country of origin will be indicated separately against each HTS subheading or group of subheadings. • A detailed description of the merchandise at the line item level. • The Manufacturer Identification (MID) number (as required for type 01 entries). • The applicable HTS number(s). • The quantity of the merchandise for each HTS number. • The quota category (if applicable). • The gross weight in kilograms of the merchandise. Supply separate gross weight information for each HTS subheading. • The separate value and aggregate charges: For each HTS, enter the purchase price (in U.S. dollars) or, if the merchandise was not acquired by purchase, the equivalent of such price. Also, report the aggregate cost (in U.S. dollars) of freight, insurance, and all other costs, charges and expenses incurred in bringing the merchandise from alongside the carrier at the foreign port of exportation in the country of exportation in addition to unlading the merchandise at the first U.S. port of entry. • The indicator designating a special program and country affecting duty payments (if applicable). • If applicable, a qualifier code and reference identifier associated with the shipment. Valid qualifiers are listed in the CATAIR. Code ‘‘IM’’ will be added to indicate importer. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 • The Harbor Maintenance Fee incurred for loading or unloading the commercial cargo from a commercial vessel. • The FTZ status designation of the merchandise. • The container number if a permit to transfer is requested. • Concurrence/discrepancy data relating to the admission application/ permit to transfer. • The IRS number of the carrier responsible for the movement of merchandise into the FTZ following issuance of a permit to transfer. • The Facilities Information and Resources Management Systems (FIRMS) code identifying the location that the merchandise (moving on a permit to transfer) is being delivered to. • The three position airport code if the bill of lading is Air AMS. • An indicator if the merchandise is subject to Bioterrorism Act of 2002 requirements. Test participants are responsible for the accuracy and completeness of all data transmitted under the prototype. Processing of Electronic FTZ Admission Applications Upon approval of an electronic FTZ admission application, CBP will transmit electronic notice to the FTZ operator authorizing admission of the merchandise into the FTZ. As noted above, this approval process does not apply to merchandise admitted to a FTZ under direct delivery procedures. After CBP receives notice of the FTZ operator’s decision to grant or deny admission, CBP will electronically transmit approval/denial to transfer the merchandise into the FTZ electronically to the test applicant or the applicant’s agent, and to the carrier of the merchandise. CBP will also provide electronic notice to these parties as to whether the merchandise is subject to CBP examination. In addition, test program participants and carriers will be able to receive electronic notification concerning the status of an admission request. A test participant whose FTZ admission application is rejected by CBP will be provided with an opportunity to correct the reported error. A complete re-transmission of the entire admission application through ABI is required by CBP. Misconduct Under the Test A test participant may be subject to civil and criminal penalties, administrative sanctions, liquidated damages, and/or suspension from this test for any of the following: E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices • Failure to abide by the terms and conditions of this test, and any applicable laws and regulations. • Failure to exercise reasonable care in the execution of participant obligations. • Misuse of the automated CBP Form 214 (i.e., engaging in unauthorized disclosure or any activity which interferes with the successful evaluation of the new technology). The Executive Director, Trade Compliance and Facilitation, will administer suspensions for misconduct. A written notice proposing suspension will be provided to the participant. Such notice will apprise the participant of the alleged facts or conduct warranting suspension and will inform the participant of the date that the suspension will begin. Any decision proposing suspension of a participant may be appealed in writing to the Assistant Commissioner, Office of Field Operations, 1300 Pennsylvania Ave., NW., Washington, DC 20229, within 15 calendar days of the notification date. An appeal must address the alleged facts or conduct charges contained in the notice and state how compliance has been or will be achieved. In cases of non-payment, late payment, willful misconduct or where public health interests or safety is concerned, the suspension may be effective immediately. The same appeal procedures apply in cases of immediate suspension. Test Evaluation Criteria To ensure adequate feedback, participants are required to participate in an evaluation of this test. CBP also invites all interested parties to comment on the design, conduct and implementation of the test at any time during the test period. CBP will publish the final results in the Federal Register and the CBP Bulletin as required by section 101.9 (b) of Title 19 of the CFR. The following evaluation methods and criteria have been suggested: 1. Baseline measurements to be established through data analysis; 2. Questionnaires from both trade participants and CBP addressing such issues as: • Workload impact (workload shifts/ volume, cycle times, etc.) • Cost savings • Policy and procedure accommodation • Trade compliance impact • Problem resolution • System efficiency • Operational efficiency • Other issues identified by the participant group VerDate jul<14>2003 16:47 Aug 18, 2005 Jkt 205001 Dated: August 12, 2005. Jayson P. Ahern, Assistant Commissioner, Office of Field Operations. [FR Doc. 05–16427 Filed 8–18–05; 8:45 am] BILLING CODE 9110–06–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–4980–N–33] Office of the Assistant Secretary for Community Planning and Development, HUD. AGENCY: Notice. SUMMARY: This notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. DATES: Effective August 19, 2002. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, Room 7262, 451 Seventh Street, SW., Washington, DC 20410; telephone (202) 708–1234; TTY number for the hearing- and speech-impaired (202) 708–2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1–800–927–7588. In accordance with the December 12, 1988, court order in National Coalition for the Homeless v. Veterans’ Administration, No. 88–2503–OG (D.D.C.), HUD publishes a notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today’s notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. SUPPLEMENTARY INFORMATION: Dated: August 11, 2005. Mark R. Johnston, Director, Office of Special Needs Assistance Programs. [FR Doc. 05–16243 Filed 8–18–05; 8:45 am] BILLING CODE 4210–29–M PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–486 Enforcement Proceedings] Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, and Components Thereof; Notice of a Commission Determination To Review and on Review To Modify an Enforcement Initial Determination; Termination of Proceedings International Trade Commission. ACTION: Notice. AGENCY: Federal Property Suitable as Facilities To Assist the Homeless ACTION: 48777 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part an enforcement initial determination (EID) of the presiding administrative law judge (ALJ) in the above-captioned investigation finding a violation of a limited exclusion order, but declining to recommend any enforcement measures. On review, the Commission has determined to modify the ID by correcting the ALJ’s finding that the Commission intended to foreclose the possibility of issuing a general exclusion order as a remedy in the above-captioned proceedings when it denied complainant’s petition for modification of the existing limited exclusion order. The Commission has determined not to review the reminder of the EID. FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., telephone 202–205–3041, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Copies of all nonconfidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS–ON–LINE) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: On July 3, 2003, at the conclusion of Inv. No. 337– TA–486, Certain Agricultural Tractors, the Commission issued a limited exclusion order which denies entry to E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48774-48777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16427]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Announcement of Test Program Regarding Electronic Foreign Trade 
Zone Admission Applications

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the Bureau of Customs and Border 
Protection's (CBP) plan to conduct a voluntary test program to allow 
the submission of electronic Foreign Trade Zone (FTZ) admission 
applications. Pursuant to the terms of the test, an application for FTZ 
admission (CBP Form 214--``FTZ Admission and/or Status Designation'') 
may be filed electronically with CBP via the Automated Broker Interface 
(ABI). Parties not participating in the test may continue to file the 
CBP Form 214 in a paper format pursuant to existing FTZ procedures. The 
test program is limited to electronic FTZ admission applications for 
merchandise reported to CBP via air, sea, and rail manifest. CBP 
intends to implement a future phase of this test that will allow 
electronic FTZ admission applications for merchandise reported to CBP 
via truck manifest as soon as a CBP-approved electronic data 
interchange system exists for these transmissions. This notice informs 
interested members of the public of the eligibility and procedural 
requirements for participation in the test, outlines the evaluation 
methodology to be used, and invites public comment concerning any 
aspect of the planned prototype test.

DATES: The Electronic FTZ Admission Application test program will 
commence no earlier than September 30, 2005, and will run for 
approximately 6 months with a final evaluation to take place at the end 
of that period. CBP may extend the test period by way of announcement 
in the Federal Register.

[[Page 48775]]

Comments concerning this notice and any aspect of the prototype may be 
submitted at any time during the test period.

ADDRESSES: Written comments regarding this notice should be addressed 
to Customs and Border Protection, Cargo Control Branch, 1300 
Pennsylvania Avenue, NW., Room 5.2A, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Gary Rosenthal, Customs and Border 
Protection, Office of Field Operations, via e-mail at 
gary.rosenthal@dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

Electronic Foreign Trade Zone Admission Application Prototype: Planned 
Component of the National Customs Automation Program

    Title VI of the North American Free Trade Agreement Implementation 
Act (the Act), Pub. L. 103-182, 107 Stat. 2057 (December 8, 1993), 
contains provisions pertaining to Customs Modernization (107 Stat. 
2170). Subpart B of Title VI of the Act concerns the National Customs 
Automation Program (NCAP), an electronic system for the processing of 
commercial importations. Within subpart B, section 631 of the Act added 
section 411 to the Tariff Act of 1930 (19 U.S.C. 1411-1414), which 
defines the NCAP, provides for the establishment of and participation 
in the NCAP, and includes a list of existing and planned components. 
Section 411(a)(2)(G) identifies any program initiated by CBP to carry 
out the automation goals of this subpart as a planned NCAP component. 
The planned test program described in this document falls within this 
category of planned NCAP component.
    Section 101.9(b) of Title 19 of the Code of Federal Regulations (19 
CFR 101.9(b)) provides for the testing of NCAP planned components. The 
Electronic Foreign Trade Zone (FTZ) Admissions Application prototype is 
being tested in accordance with this provision.

Description of the Test Program

    The Electronic FTZ Admission Application test program permits a 
participant to submit an electronic version of the CBP Form 214 (``FTZ 
Admission and/or Status Designation'') to CBP via the Automated Broker 
Interface (ABI) of Customs Automated Commercial System (ACS). Any 
person not participating in the prototype will be required to submit a 
paper CBP Form 214 pursuant to existing FTZ admission procedures.
    The test program is limited to electronic FTZ admission 
applications for merchandise reported to CBP via air, sea, and rail 
manifest. It is noted that CBP intends to implement a future phase of 
this test that will allow electronic FTZ admission applications for 
merchandise reported to CBP via truck manifest as soon as a CBP-
approved electronic data interchange system exists for these 
transmissions.

Regulatory Provisions Suspended

    Subpart C to part 146 of the CFR prescribes the conditions 
applicable to admission of merchandise into a foreign trade zone. To 
the extent that certain provisions within subpart C to part 146 may be 
incompatible with the terms of this test program, the affected 
regulatory provisions will be suspended for the duration of the 
prototype test.

Test Commencement Date

    The test program will commence no earlier than September 30, 2005, 
and will run for a 6-month period with a final evaluation to take place 
at the end of the test period. CBP may extend the prototype and any 
such extension will be announced in the Federal Register.

Participant Eligibility

    Eligible participants in the Electronic FTZ Admissions Application 
test program include:
     FTZ operators
     FTZ Admission Applicants
     Agents of FTZ Admission Applicants
    Participation in the test is voluntary and there are no application 
procedures.

Prototype Procedures

Submission of Electronic CBP Form 214 and Related Data
    Test participants must request permission to admit merchandise into 
a FTZ by electronically transmitting the CBP Form 214 data elements to 
CBP via ABI. The data transmission may cover a single shipment of 
merchandise or be a consolidated transmission that covers multiple 
shipments to a single zone. CBP must receive the CBP Form 214 before 
the merchandise can be released for admission into the FTZ. An 
exception to this requirement exists for test participants who are 
authorized to use the FTZ direct delivery procedures, as discussed 
below.
    The test program will also incorporate transmissions of data on 
merchandise that is transported to a FTZ or from a FTZ if the data 
transmission is made via CBP Form 7512 in-bond transaction or its 
electronic equivalent.
Prior Notice Reporting Requirements
    Test participants, including those approved to participate under 
direct delivery procedures, must comply with the prior notice reporting 
requirements stipulated in the Public Health Security and Bioterrorism 
Preparedness and Responsive Act of 2002 (``the Bioterrorism Act''), 
Public Law 107-188. Title III of the Bioterrorism Act contains 
provisions relating to providing the Department of Health and Human 
Services with prior notice regarding certain information about foods 
that are imported or offered for import into the United States.
Direct Delivery Procedures
    As a general rule, a test participant who is also authorized to use 
the direct delivery procedures prescribed in Sec.  146.39 (19 CFR 
146.39) to admit merchandise into a FTZ may transmit the required data 
to CBP on an electronic CBP Form 214 no later than the close of 
business on the business day following receipt of the merchandise into 
the FTZ inventory control and recordkeeping system.
    With regard to the applicability of direct delivery procedures in 
the context of the test program, two exceptions to the above rule are 
noted. First, as stated above, direct delivery participants are subject 
to any applicable prior notice reporting requirements set forth in the 
Bioterrorism Act. Second, in the absence of a CBP Form 7512 in-bond 
transaction authorizing direct delivery to the FTZ, or its electronic 
equivalent, a permit to transfer request must be electronically 
transmitted to CBP before the merchandise can be released for 
admission.
FTZ Operators as Test Participants
    Under the test program, a FTZ operator will be able to accept or 
reject the merchandise, assume custodial responsibility for the 
accepted merchandise and report discrepancies between the documents 
covering the merchandise and the merchandise itself, admit zone status 
merchandise transferred from another zone, change zone status, admit 
domestic status merchandise, and transmit post admission inventory 
adjustment transactions via ABI.
Transmittal of Statistical Data to the Bureau of Census
    After permission to transfer merchandise into a FTZ is granted, CBP 
will transmit statistical data to the Bureau of the Census through an 
automated link.

[[Page 48776]]

CBP Form 214 Required Data Elements

    Participants in the test must provide CBP with the following data 
elements:
     A code representing the action to be taken (i.e., add, 
delete, replace).
     A line item number.
     The zone number designated in the foreign trade zone 
grant.
     The port code where the FTZ is located as shown in 
Schedule D, Harmonized Tariff Schedule of the United States (HTSUS).
     An indicator specifying whether the merchandise is being 
admitted into the FTZ under direct delivery procedures.
     The Automated Broker Interface (ABI) filer code.
     The ABI routing code and optional office extension for one 
additional ABI participant who will receive a copy of the electronic 
CBP Form 214 and subsequent electronic notifications.
     The IRS number, Importer of Record Number or EIN of the 
applicant.
     An indicator specifying the admission type.
     The mode of transportation code. Valid codes are listed in 
Appendix B of the CATAIR (CBP Publication 552, Customs and Trade 
Automated Interface Requirements).
     The name of the conveyance (if not a vessel, the name of 
the transportation company).
     The vessel voyage, truck or rail trip, or aircraft flight 
number.
     The country of export.
     The export date. For merchandise arriving in the U.S. by 
vessel: the month, day and year on which the vessel departed the last 
port of the country of exportation. For merchandise exported by air: 
the month, day and year on which the aircraft departed the last airport 
of the country of exportation. For merchandise exported by truck or 
rail: the month, day and year in which the carrier crossed the border 
of the country of exportation.
     The import date. For merchandise arriving in the U.S. by 
vessel: the month, day and year on which the vessel transporting the 
merchandise from the foreign country arrived within the limits of the 
U.S. port at which the merchandise was unladen. For merchandise 
arriving in the U.S. other than by vessel: the month, day and year in 
which the merchandise arrived within the territory of the U.S.
     The zone admission number (zone number, calendar year, and 
control number).
     The U.S. port of unlading (the port at which the 
merchandise was unladen whether or not the port is a CBP port of 
entry). Valid codes are listed in Schedule D issued by the Bureau of 
the Census.
     The foreign port of lading.
     The bill of lading or airway bill number.
     The house bill number.
     The Standard Carrier Alpha Code (SCAC) identifier of the 
importing carrier.
     The immediate transportation (IT) number assigned to in-
bond shipments and the date the CBP Form 7512 was prepared.
     The number of packages and the country of origin. An 
indication of the quantity and unit of measure (cartons, cases, 
bundles, etc.) in the shipment as stated in the Customs Automated 
Manifest Interface Requirements (CAMIR). For containerized merchandise, 
an indication of the number of packages within the container(s) and the 
container number(s). For bulk shipments, show ``1 Bulk.'' Enter the 
country of origin code, provided in Annex B, ISO code, Harmonized 
Tariff Schedule (HTS), which represents the country of origin in which 
the product was manufactured, mined, or grown. If the merchandise is 
from more than one country of origin, the country of origin will be 
indicated separately against each HTS subheading or group of 
subheadings.
     A detailed description of the merchandise at the line item 
level.
     The Manufacturer Identification (MID) number (as required 
for type 01 entries).
     The applicable HTS number(s).
     The quantity of the merchandise for each HTS number.
     The quota category (if applicable).
     The gross weight in kilograms of the merchandise. Supply 
separate gross weight information for each HTS subheading.
     The separate value and aggregate charges: For each HTS, 
enter the purchase price (in U.S. dollars) or, if the merchandise was 
not acquired by purchase, the equivalent of such price. Also, report 
the aggregate cost (in U.S. dollars) of freight, insurance, and all 
other costs, charges and expenses incurred in bringing the merchandise 
from alongside the carrier at the foreign port of exportation in the 
country of exportation in addition to unlading the merchandise at the 
first U.S. port of entry.
     The indicator designating a special program and country 
affecting duty payments (if applicable).
     If applicable, a qualifier code and reference identifier 
associated with the shipment. Valid qualifiers are listed in the 
CATAIR. Code ``IM'' will be added to indicate importer.
     The Harbor Maintenance Fee incurred for loading or 
unloading the commercial cargo from a commercial vessel.
     The FTZ status designation of the merchandise.
     The container number if a permit to transfer is requested.
     Concurrence/discrepancy data relating to the admission 
application/permit to transfer.
     The IRS number of the carrier responsible for the movement 
of merchandise into the FTZ following issuance of a permit to transfer.
     The Facilities Information and Resources Management 
Systems (FIRMS) code identifying the location that the merchandise 
(moving on a permit to transfer) is being delivered to.
     The three position airport code if the bill of lading is 
Air AMS.
     An indicator if the merchandise is subject to Bioterrorism 
Act of 2002 requirements.
    Test participants are responsible for the accuracy and completeness 
of all data transmitted under the prototype.

Processing of Electronic FTZ Admission Applications

    Upon approval of an electronic FTZ admission application, CBP will 
transmit electronic notice to the FTZ operator authorizing admission of 
the merchandise into the FTZ. As noted above, this approval process 
does not apply to merchandise admitted to a FTZ under direct delivery 
procedures.
    After CBP receives notice of the FTZ operator's decision to grant 
or deny admission, CBP will electronically transmit approval/denial to 
transfer the merchandise into the FTZ electronically to the test 
applicant or the applicant's agent, and to the carrier of the 
merchandise. CBP will also provide electronic notice to these parties 
as to whether the merchandise is subject to CBP examination. In 
addition, test program participants and carriers will be able to 
receive electronic notification concerning the status of an admission 
request.
    A test participant whose FTZ admission application is rejected by 
CBP will be provided with an opportunity to correct the reported error. 
A complete re-transmission of the entire admission application through 
ABI is required by CBP.

Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, and/or suspension from 
this test for any of the following:

[[Page 48777]]

     Failure to abide by the terms and conditions of this test, 
and any applicable laws and regulations.
     Failure to exercise reasonable care in the execution of 
participant obligations.
     Misuse of the automated CBP Form 214 (i.e., engaging in 
unauthorized disclosure or any activity which interferes with the 
successful evaluation of the new technology).
    The Executive Director, Trade Compliance and Facilitation, will 
administer suspensions for misconduct. A written notice proposing 
suspension will be provided to the participant. Such notice will 
apprise the participant of the alleged facts or conduct warranting 
suspension and will inform the participant of the date that the 
suspension will begin. Any decision proposing suspension of a 
participant may be appealed in writing to the Assistant Commissioner, 
Office of Field Operations, 1300 Pennsylvania Ave., NW., Washington, DC 
20229, within 15 calendar days of the notification date. An appeal must 
address the alleged facts or conduct charges contained in the notice 
and state how compliance has been or will be achieved. In cases of non-
payment, late payment, willful misconduct or where public health 
interests or safety is concerned, the suspension may be effective 
immediately. The same appeal procedures apply in cases of immediate 
suspension.

Test Evaluation Criteria

    To ensure adequate feedback, participants are required to 
participate in an evaluation of this test. CBP also invites all 
interested parties to comment on the design, conduct and implementation 
of the test at any time during the test period. CBP will publish the 
final results in the Federal Register and the CBP Bulletin as required 
by section 101.9 (b) of Title 19 of the CFR.
    The following evaluation methods and criteria have been suggested:
    1. Baseline measurements to be established through data analysis;
    2. Questionnaires from both trade participants and CBP addressing 
such issues as:
     Workload impact (workload shifts/volume, cycle times, 
etc.)
     Cost savings
     Policy and procedure accommodation
     Trade compliance impact
     Problem resolution
     System efficiency
     Operational efficiency
     Other issues identified by the participant group

    Dated: August 12, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-16427 Filed 8-18-05; 8:45 am]
BILLING CODE 9110-06-P