National Customs Automation Program Test Concerning Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue (ESAR III) Capabilities Relating to the Filing and Processing of AD/CVD Entries and Case Management, 69129-69132 [E9-31006]
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
69129
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Background
Federal Emergency Management
Agency
U.S. Customs and Border Protection
A. ACE Portal Accounts
National Customs Automation
Program Test Concerning Automated
Commercial Environment (ACE) Entry
Summary, Accounts and Revenue
(ESAR III) Capabilities Relating to the
Filing and Processing of AD/CVD
Entries and Case Management
On May 1, 2002, the former U.S.
Customs Service, now U.S. Customs and
Border Protection (CBP), published a
General Notice in the Federal Register
(67 FR 21800) announcing a plan to
conduct a National Customs
Automation Program (NCAP) test of the
first phase of the Automated
Commercial Environment (ACE). The
test was described as the first step
toward the full electronic processing of
commercial importations with a focus
on defining and establishing an
importer’s account structure. The notice
announced that importers and
authorized parties would be allowed to
access their customs data via a webbased Account Portal. The notice set
forth eligibility criteria for companies
interested in establishing Account
Portals accessible through ACE.
Subsequent notices revised the
eligibility criteria (see General Notice
published in the Federal Register on
February 1, 2005 (67 FR 5199)) and
expanded the universe of eligible
participants in the ACE test and the
types of ACE Portal Accounts.
On February 4, 2004, CBP published
two General Notices in the Federal
Register that established ACE Truck
Carrier Accounts and opened the
application period for authorized
importers and their designated brokers
to participate in the NCAP test to
implement the Periodic Monthly
Statement (PMS) process (see 69 FR
5360 and 69 FR 5362, respectively).
Brokers were invited to establish Broker
Accounts in ACE in order to participate
in the NCAP test to implement PMS. In
both of the February 4, 2004, General
Notices, CBP advised participants that
they could designate only one person as
the Account Owner for the company’s
ACE Portal Account. The Account
Owner was identified as the party
responsible for safeguarding the
company’s ACE Portal Account
information, controlling all disclosures
of that information to authorized
persons, authorizing user access to the
ACE Portal Account information, and
ensuring the strict control of access by
authorized persons to the ACE Portal
information.
On September 8, 2004, CBP published
a General Notice in the Federal Register
(69 FR 54302) inviting customs brokers
to participate in the ACE Portal test
generally and informing interested
parties that once they had been notified
by CBP that their request to participate
in the ACE Portal test had been
[Internal Agency Docket No. FEMA–1861–
DR; Docket ID FEMA–2008–0018]
Arkansas; Amendment No. 2 to Notice
of a Major Disaster Declaration
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION:
AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
Notice.
This notice amends the notice
of a major disaster declaration for the
State of Arkansas (FEMA–1861–DR),
dated December 3, 2009, and related
determinations.
SUMMARY:
DATES:
Effective Date: December 16,
2009.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Disaster Assistance
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3886.
The notice
of a major disaster declaration for the
State of Arkansas is hereby amended to
include the following area among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of December 3, 2009.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
Drew County for Public Assistance. The
following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. E9–30941 Filed 12–29–09; 8:45 am]
BILLING CODE 9111–23–P
ACTION:
General notice.
SUMMARY: This document announces
Custom and Border Protection’s (CBP’s)
plan to conduct a National Customs
Automation Program (NCAP) test
concerning new Automated Commercial
Environment (ACE) Entry Summary,
Accounts and Revenue (ESAR III)
capabilities. These new capabilities
include functionalities specific to the
filing and processing of anti-dumping
and countervailing duty (AD/CVD)
entries and case management. This
notice announces the test’s
commencement, describes the
eligibility, procedural and
documentation requirements for
voluntary participation in the test,
outlines CBP’s development and
evaluation methodology, and invites
public comment concerning any aspect
of the test.
DATES: The ESAR III test will commence
no earlier than January 17, 2010, and
will continue until concluded by way of
announcement in the Federal Register.
Comments concerning this notice and
any aspect of the test may be submitted
at any time during the test period to the
address set forth below.
Comments concerning this
notice should be submitted via e-mail to
Joe Palmer at ESARinfoinbox@dhs.gov.
Please indicate ‘‘ESAR III (AD/CVD
Entry Summary Processing/Case Mgt
Notice)’’ in the subject line of your email.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: For
policy-related questions, contact
Christine Furgason at
christine.furgason@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:
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I. ACE Test Programs
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
accepted, they would be asked to sign
and submit a Terms and Conditions
document. CBP subsequently contacted
those participants and asked them to
also sign and submit an ACE Power of
Attorney form and an Additional
Account/Account Owner Information
form.
mstockstill on DSKH9S0YB1PROD with NOTICES
B. Terms and Conditions for Access to
the ACE Portal
On May 16, 2007, CBP published a
General Notice in the Federal Register
(72 FR 27632) announcing a revision of
the terms and conditions that must be
followed as a condition for access to the
ACE Portal. These terms and conditions
superseded and replaced the Terms and
Conditions document previously signed
and submitted to CBP by ACE Portal
Trade Account Owners. The notice
specified that no further action would
be required by ACE Portal Trade
Account Owners for those ACE Portal
Accounts already established with CBP
with the proper Account Owner listed.
The principal changes to the ACE Terms
and Conditions included a revised
definition of ‘‘Account Owner’’ to
permit either an individual or a legal
entity to serve in this capacity, new
requirements relating to providing
notice to CBP when there has been a
material change in the status of the
Account and/or Trade Account Owner,
and explanatory provisions as to how
the information from a particular
account may be accessed through the
ACE Portal when that account is
transferred to a new owner.
On July 7, 2008, CBP published a
General Notice in the Federal Register
(73 FR 38464) which revised the terms
and conditions set forth in the May 16,
2007, General Notice regarding the
period of Portal inactivity which will
result in termination of access to the
ACE Portal. The July 7, 2008, General
Notice provided that if 45 consecutive
days elapse without an Account Owner,
Proxy Account Owner, or Account User
accessing the ACE Portal, access to the
Portal will be terminated. The time
period for allowable Portal inactivity
previously was 90 days.
C. ACE Non-Portal Accounts
CBP has also permitted certain parties
to participate in specified ACE tests
without establishing ACE Portal
Accounts (‘‘Non-Portal Accounts’’). On
October 24, 2005, CBP published a
General Notice in the Federal Register
(70 FR 61466) announcing that
importers could establish ACE NonPortal Accounts and participate in the
PMS test under certain conditions. On
March 29, 2006, CBP published another
General Notice in the Federal Register
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19:01 Dec 29, 2009
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(71 FR 15756) announcing that truck
carriers who do not have ACE Truck
Carrier Accounts may use third parties
to transmit truck manifest information
on their behalf electronically in the ACE
Truck Manifest system via Electronic
Data Interface (EDI) messaging
D. ACE Entry Summary, Accounts and
Revenue (ESAR I) Capabilities
On October 18, 2007, CBP published
a General Notice in the Federal Register
(72 FR 59105) announcing CBP’s plan to
conduct a new test concerning ACE
Entry Summary, Accounts and Revenue
(ESAR) capabilities, providing enhanced
account management functions for ACE
Portal Accounts and expanding the
universe of ACE account types. This
General Notice is commonly referred to
as ESAR I. As stated in that notice, ACE
is now the lead system for CBP-required
master data elements (e.g., company
name, address, and point of contact) as
well as related reference files (e.g.,
country code, port code, manufacturer
ID, and gold currency exchange rate and
conversion calculator). See ACE
Systems of Record Notice, published in
the Federal Register on January 19,
2006 (71 FR 3109). This means that the
creation and maintenance of specified
master data elements will originate in
ACE and will be distributed to other
CBP systems such as the Automated
Commercial System (ACS).
In addition to announcing that
importer Portal Accounts are capable of
creating and maintaining specified
importer data via the ACE Portal, ESAR
I stated that filers have the ability to
create a new CBP Form 5106 (Importer
ID Input Record) via the ACE Portal or
the Automated Broker Interface (ABI),
and view applicable Participating
Government Agency (PGA) licenses,
permits and certificates via the ACE
Portal. Through this notice, Broker
Portal Accounts were provided the
capability through the ACE Portal of
maintaining organizational demographic
data (e.g., addresses, points of contact,
etc.), license and permit qualifiers, data
on managing officials, employee lists,
information on relationships to
individual licensed brokers, points of
contact and address information (at filer
code level for each local broker permit
and each port covered by the local
permit, and for the national broker
permit). Truck Carrier Portal Accounts
were provided the capability through
the ACE Portal to view any applicable
PGA licenses, permits and certificates,
and to maintain through the ACE Portal
addresses and points of contact and preregistered truck conveyance
information, including equipment,
shipper, and consignee data. Truck
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Carrier Portal Accounts were also
provided with the ability to create and
maintain driver accounts and search for
and correlate existing driver accounts to
their Carrier Account. Finally, ESAR I
also announced the expansion of Portal
Account Types to include: carriers (all
modes: air, rail, sea); cartman;
lighterman; driver/crew; facility
operator; filer; foreign trade zone (FTZ)
operator; service provider; and surety.
E. ACE Entry, Summary, Accounts and
Revenue (ESAR II) Capabilities
On August 26, 2008, CBP published a
General Notice in the Federal Register
(73 FR 50337) announcing the agency’s
plan to conduct a new test concerning
ACE Entry Summary, Accounts, and
Revenue (ESAR II) functionality that
would provide new Portal and EDI
capabilities specific to entry summary
filing and processing of consumption
and informal entries. The notice stated
that functionality will include ABI
Census Warning Overrides and issuance
of CBP requests for information and
notices of action through the ACE
Portal, and that new functionality will
enhance Portal Account Management
and allow for ACE Secure Data Portal
reporting. The notice indicated that this
release of ESAR II initially would be
limited only to formal entries,
commonly referred to in the Automated
Commercial System (ACS) as type 01
entries, and informal entries, commonly
referred to in ACS as type 11 entries.
The notice listed the ports where the
test was expected to be deployed and
requested that interested ABI
participants wishing to submit type 01
and 11 entries for this test provide to
CBP, within 60 days of the date of
publication of that notice, the number of
expected ACE entry summaries that will
be submitted to the listed ports.
Importer and broker volunteers
interested in benefiting from Portal
functionality available in this test were
also advised that they must have an
ACE Portal Account. ABI volunteers
were advised that for this test, they must
have the ability to file entries on a
statement (i.e., no non-statement; single
pay entry summaries would be allowed)
and must use a software package that
has completed ABI certification testing
for ACE.
CBP subsequently published a
General Notice in the Federal Register
on March 6, 2009 (74 FR 9826)
announcing the port-by-port phased
deployment strategy for the ESAR II
functionality. In that notice, CBP invited
any additional interested ABI applicants
meeting the eligibility criteria specified
in the August 26, 2008, notice to
participate in the ESAR II test. Eligible
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ABI trade volunteers interested in
submitting type 01 and 11 entries for the
ESAR test were advised to contact their
assigned client representative directly.
Similarly, interested software
developers were also advised to contact
their client representative with regard to
their interest in ABI certification testing
for ACE. To date, the ESAR II
functionality is available at all ports,
nationwide.
II. Test Concerning New ACE Entry
Summary, Accounts and Revenue
(ESAR III) Capabilities Relating to the
Filing and Processing of AD/CVD
Entries and Case Management
A. In General
This document announces CBP’s plan
to conduct a test concerning new ACE
Entry Summary, Accounts and Revenue
(ESAR III) functionalities that provide
new Portal and EDI capabilities specific
to the filing and processing of antidumping and countervailing duty (AD/
CVD) entries (commonly referred to in
ACS as type 03 entries) and AD/CVD
case management. Functionality for
other entry types will be implemented
as it becomes available and will be
announced via subsequent publication
in the Federal Register. It is noted that
type 03 ACE entry summaries and AD/
CVD case data that are processed under
this test are covered by the ACE Systems
of Record Notice (DHS/CBP–001),
published in the Federal Register on
January 19, 2006 (71 FR 3109). For all
others who are not participating in the
ESAR III, data is processed under ACS
Systems of Record Notice (DHS/CBP–
015) published in the Federal Register
on December 19, 2008 (73 FR 77759).
The procedures and criteria related to
participation in the prior ACE tests,
referenced above in Section I of this
document, remain in effect unless
otherwise explicitly changed by this or
subsequent General Notices published
in the Federal Register.
mstockstill on DSKH9S0YB1PROD with NOTICES
B. Portal Capability
AD/CVD case management will
include the capability to search, display
and print both AD/CVD case
information and AD/CVD messages. The
case reference file will provide the
ability to record and track the life cycle
of an AD/CVD case and will contain
important case information such as the
duty deposit rates, entry summary
suspension status, bond/cash status,
administrative review information and
events related to the case history (e.g.,
‘‘initiation,’’ ‘‘preliminary,’’ ‘‘Final,’’
‘‘Order,’’ ‘‘Terminated’’). The AD/CVD
messages now resident in ACE will also
house additional information in one
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19:01 Dec 29, 2009
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location such as additional message
header data elements (e.g., ‘‘message
status,’’ ‘‘Federal Register Notice cite,’’
‘‘Federal Register Notice publication
date,’’ ‘‘court order number’’) and the
ability to run searches for all types of
messages related to a particular case via
the Portal.
Importers with an ACE Portal
Account who have selected ‘‘portal’’ as
their mode of communication will now
also be able to respond to CBP Forms
28, 29 and 4647 regarding AD/CVD
entries via the ACE Portal as well as all
entry summaries (that is, both ACS and
ACE entry summaries).
Brokers with an ACE Portal Account
will now also be able to create
declarations for their Non-Portal
Accounts for AD/CVD entries. Brokers
with clients possessing their own
importer Portal Accounts, however, will
not be able to create declarations on
behalf of their clients. Brokers will have
to be granted access as a ‘‘user’’ on the
importer’s Portal Account in order to
create the declaration.
ACE Secure Data Portal Reports will
also be enhanced to include AD/CVD
Entry Summary Data.
C. EDI Capability
Trade participants may begin to file
entry summaries electronically in ACE
for entry types 03 using a better
organized, more descriptive ACE ABI
CATAIR (Customs and Trade
Automated Interface Requirements)
document. CATAIR documentation
provides complete information
describing how importers and/or their
agents provide electronic import
information to ABI, and receive
transmissions from ABI once they have
become a participant.
Type 03 entries filed under this ESAR
III test will now require the submission
of the ‘‘sold to’’ party and ‘‘foreign
exporter’’ at the line level. This
requirement differs from the ESAR I and
II tests that apply to 01 and 011 entry
types. The CATAIR should be consulted
for further guidance pertaining to the
definitions for each of these new data
elements. Additionally, 01 entry types
filed under this test will now require the
‘‘sold to’’ party and ‘‘consignee’’ party;
this is a change from the previous ESAR
II test where only the ‘‘consignee’’ party
was required. As previously, mentioned,
the CATAIR document should be
consulted for further guidance
pertaining to the definitions for the
referenced data elements.
Filers will have the ability to make an
AD/CVD Non-Reimbursement statement
on any line item that includes AD/CVD
information. Accompanying the case
information, the filer will also have the
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69131
ability to identify the actual AD/CVD
Non-Reimbursement declaration that
cites the case and that is on file with
CBP.
Filers will have the ability to run an
ABI query of AD/CVD case information.
Information returned in the query
output will include data required by
ABI filers to successfully file AD or CVD
entry summaries in ACE. The available
queries will include: (1) Specific case
numbers—input Q1–Record; and, (2)
Case criteria (such as country,
Manufacturer Identification Number
(MID), and date since last update)—
input Q2–Record.
Additionally there will be 10 different
output records to provide case details
including:
• Case general information (status,
related case, short description, etc.)
• Case official name
• Manufacturer details
• Foreign exporter details
• Department of Commerce contact
information
• Deposit rate details
• Case events
• Bond/cash details
• Tariff details
• Entry summary liquidation
suspension details
Revisions to CATAIR chapters will
include:
• Entry Summary Create/Update (AE/
AX)
• Entry Summary Query (JC/JD)
• Appendix G—ACE Condition Codes
and Narrative Text
• ACE ABI CATAIR—Table of
Contents
• AD/CVD Case Information Query
Interested parties are directed to
cbp.gov for more detailed information
regarding these new ACE ABI CATAIR
formats.
III. Confidentiality
All data submitted and entered into
the ACE Portal is subject to the Trade
Secrets Act (18 U.S.C. 1905) and is
considered confidential, except to the
extent as otherwise provided by law (see
19 U.S.C. 1431(c)). As stated in previous
notices, participation in this or any of
the previous ACE tests is not
confidential and upon a written
Freedom of Information Act request, a
name(s) of an approved participant(s)
will be disclosed by CBP in accordance
with 5 U.S.C. 552. If necessary, CBP will
reserve the right to limit the number of
participants and locations during the
initial stages of the test.
IV. Waiver of Affected Regulations
Any provision in title 19 of the Code
of Federal Regulations including, but
not limited to, provisions found in parts
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
141, 142, 143 and 151 relating to entry/
entry summary processing that are
inconsistent with the requirements set
forth in this notice are waived for the
duration of the test. See 19 CFR
101.9(a). Additionally, any previous
practice pertaining to party definitions,
including but not limited to ‘‘ultimate
consignee,’’ that are inconsistent with
the requirements set forth in this notice
are waived for the duration of the test.
The CATAIR should be consulted for
appropriate terms and definitions for
the purposes of this test.
V. Misconduct Under the Test
An ACE 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:
• Failure to follow the terms and
conditions of this test.
• Failure to exercise reasonable care
in the execution of participant
obligations.
• Failure to abide by applicable laws
and regulations.
• Failure to deposit duties or fees in
a timely manner.
• Misuse of the ACE Portal.
• Engagement in any unauthorized
disclosure or access to the ACE Portal.
• Engagement in any activity which
interferes with the successful evaluation
of the new technology.
Suspensions for misconduct will be
administered by the Executive Director,
Commercial Targeting and Enforcement,
Office of International Trade, CBP
Headquarters. A notice proposing
suspension will be provided in writing
to the participant. Such notice will
apprise the participant of the 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
International Trade, within 15 calendar
days of the notification date. Should the
participant appeal the notice of
proposed suspension, the participant
must address the facts or conduct
charges contained in the notice and
state how compliance 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.
VI. 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, implementation and
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19:01 Dec 29, 2009
Jkt 220001
conduct of the test at any time during
the test period. CBP will publish the
final results in the Federal Register and
the Customs Bulletin as required by 19
CFR 101.9(b).
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 (staff, interest,
reduction in mailing costs, etc.).
• Policy and procedure
accommodation.
• Trade compliance impact.
• Problem resolution.
• System efficiency.
• Operational efficiency.
• Other issues identified by the
participant group.
Dated: December 24, 2009.
Daniel Baldwin,
Assistant Commissioner, Office of
International Trade.
[FR Doc. E9–31006 Filed 12–29–09; 8:45 am]
BILLING CODE 9111–14– P (50%)– 9111–15– P(50%)
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1865–
DR; Docket ID FEMA–2008–0018]
Alaska; Major Disaster and Related
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice.
SUMMARY: This is a notice of the
Presidential declaration of a major
disaster for the State of Alaska (FEMA–
1865–DR), dated December 18, 2009,
and related determinations.
DATES: Effective Date: December 18,
2009.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Disaster Assistance
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that, in a letter dated
December 18, 2009, the President issued
a major disaster declaration under the
authority of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.
(the ‘‘Stafford Act’’), as follows:
I have determined that the damage in
certain areas of the State of Alaska resulting
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Fmt 4703
Sfmt 4703
from severe storms, flooding, mudslides, and
rockslides during the period of October 6–11,
2009, is of sufficient severity and magnitude
to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et
seq. (the ‘‘Stafford Act’’). Therefore, I declare
that such a major disaster exists in the State
of Alaska.
In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Public
Assistance in the designated areas and
Hazard Mitigation throughout the State.
Consistent with the requirement that Federal
assistance is supplemental, any Federal
funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will
be limited to 75 percent of the total eligible
costs.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.
The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Dolph A. Diemont,
of FEMA is appointed to act as the
Federal Coordinating Officer for this
major disaster.
The following areas of the State of
Alaska have been designated as
adversely affected by this major disaster:
Kodiak Island Borough for Public
Assistance.
All boroughs and Regional Educational
Attendance Areas in the State of Alaska are
eligible to apply for assistance under the
Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. E9–31018 Filed 12–29–09; 8:45 am]
BILLING CODE 9111–23–P
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]]>Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69129-69132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31006]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
National Customs Automation Program Test Concerning Automated
Commercial Environment (ACE) Entry Summary, Accounts and Revenue (ESAR
III) Capabilities Relating to the Filing and Processing of AD/CVD
Entries and Case Management
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces Custom and Border Protection's (CBP's)
plan to conduct a National Customs Automation Program (NCAP) test
concerning new Automated Commercial Environment (ACE) Entry Summary,
Accounts and Revenue (ESAR III) capabilities. These new capabilities
include functionalities specific to the filing and processing of anti-
dumping and countervailing duty (AD/CVD) entries and case management.
This notice announces the test's commencement, describes the
eligibility, procedural and documentation requirements for voluntary
participation in the test, outlines CBP's development and evaluation
methodology, and invites public comment concerning any aspect of the
test.
DATES: The ESAR III test will commence no earlier than January 17,
2010, and will continue until concluded by way of announcement in the
Federal Register. Comments concerning this notice and any aspect of the
test may be submitted at any time during the test period to the address
set forth below.
ADDRESSES: Comments concerning this notice should be submitted via e-
mail to Joe Palmer at ESARinfoinbox@dhs.gov. Please indicate ``ESAR III
(AD/CVD Entry Summary Processing/Case Mgt Notice)'' in the subject line
of your e-mail.
FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact
Christine Furgason at christine.furgason@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:
Background
I. ACE Test Programs
A. ACE Portal Accounts
On May 1, 2002, the former U.S. Customs Service, now U.S. Customs
and Border Protection (CBP), published a General Notice in the Federal
Register (67 FR 21800) announcing a plan to conduct a National Customs
Automation Program (NCAP) test of the first phase of the Automated
Commercial Environment (ACE). The test was described as the first step
toward the full electronic processing of commercial importations with a
focus on defining and establishing an importer's account structure. The
notice announced that importers and authorized parties would be allowed
to access their customs data via a web-based Account Portal. The notice
set forth eligibility criteria for companies interested in establishing
Account Portals accessible through ACE. Subsequent notices revised the
eligibility criteria (see General Notice published in the Federal
Register on February 1, 2005 (67 FR 5199)) and expanded the universe of
eligible participants in the ACE test and the types of ACE Portal
Accounts.
On February 4, 2004, CBP published two General Notices in the
Federal Register that established ACE Truck Carrier Accounts and opened
the application period for authorized importers and their designated
brokers to participate in the NCAP test to implement the Periodic
Monthly Statement (PMS) process (see 69 FR 5360 and 69 FR 5362,
respectively). Brokers were invited to establish Broker Accounts in ACE
in order to participate in the NCAP test to implement PMS. In both of
the February 4, 2004, General Notices, CBP advised participants that
they could designate only one person as the Account Owner for the
company's ACE Portal Account. The Account Owner was identified as the
party responsible for safeguarding the company's ACE Portal Account
information, controlling all disclosures of that information to
authorized persons, authorizing user access to the ACE Portal Account
information, and ensuring the strict control of access by authorized
persons to the ACE Portal information.
On September 8, 2004, CBP published a General Notice in the Federal
Register (69 FR 54302) inviting customs brokers to participate in the
ACE Portal test generally and informing interested parties that once
they had been notified by CBP that their request to participate in the
ACE Portal test had been
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accepted, they would be asked to sign and submit a Terms and Conditions
document. CBP subsequently contacted those participants and asked them
to also sign and submit an ACE Power of Attorney form and an Additional
Account/Account Owner Information form.
B. Terms and Conditions for Access to the ACE Portal
On May 16, 2007, CBP published a General Notice in the Federal
Register (72 FR 27632) announcing a revision of the terms and
conditions that must be followed as a condition for access to the ACE
Portal. These terms and conditions superseded and replaced the Terms
and Conditions document previously signed and submitted to CBP by ACE
Portal Trade Account Owners. The notice specified that no further
action would be required by ACE Portal Trade Account Owners for those
ACE Portal Accounts already established with CBP with the proper
Account Owner listed. The principal changes to the ACE Terms and
Conditions included a revised definition of ``Account Owner'' to permit
either an individual or a legal entity to serve in this capacity, new
requirements relating to providing notice to CBP when there has been a
material change in the status of the Account and/or Trade Account
Owner, and explanatory provisions as to how the information from a
particular account may be accessed through the ACE Portal when that
account is transferred to a new owner.
On July 7, 2008, CBP published a General Notice in the Federal
Register (73 FR 38464) which revised the terms and conditions set forth
in the May 16, 2007, General Notice regarding the period of Portal
inactivity which will result in termination of access to the ACE
Portal. The July 7, 2008, General Notice provided that if 45
consecutive days elapse without an Account Owner, Proxy Account Owner,
or Account User accessing the ACE Portal, access to the Portal will be
terminated. The time period for allowable Portal inactivity previously
was 90 days.
C. ACE Non-Portal Accounts
CBP has also permitted certain parties to participate in specified
ACE tests without establishing ACE Portal Accounts (``Non-Portal
Accounts''). On October 24, 2005, CBP published a General Notice in the
Federal Register (70 FR 61466) announcing that importers could
establish ACE Non-Portal Accounts and participate in the PMS test under
certain conditions. On March 29, 2006, CBP published another General
Notice in the Federal Register (71 FR 15756) announcing that truck
carriers who do not have ACE Truck Carrier Accounts may use third
parties to transmit truck manifest information on their behalf
electronically in the ACE Truck Manifest system via Electronic Data
Interface (EDI) messaging
D. ACE Entry Summary, Accounts and Revenue (ESAR I) Capabilities
On October 18, 2007, CBP published a General Notice in the Federal
Register (72 FR 59105) announcing CBP's plan to conduct a new test
concerning ACE Entry Summary, Accounts and Revenue (ESAR) capabilities,
providing enhanced account management functions for ACE Portal Accounts
and expanding the universe of ACE account types. This General Notice is
commonly referred to as ESAR I. As stated in that notice, ACE is now
the lead system for CBP-required master data elements (e.g., company
name, address, and point of contact) as well as related reference files
(e.g., country code, port code, manufacturer ID, and gold currency
exchange rate and conversion calculator). See ACE Systems of Record
Notice, published in the Federal Register on January 19, 2006 (71 FR
3109). This means that the creation and maintenance of specified master
data elements will originate in ACE and will be distributed to other
CBP systems such as the Automated Commercial System (ACS).
In addition to announcing that importer Portal Accounts are capable
of creating and maintaining specified importer data via the ACE Portal,
ESAR I stated that filers have the ability to create a new CBP Form
5106 (Importer ID Input Record) via the ACE Portal or the Automated
Broker Interface (ABI), and view applicable Participating Government
Agency (PGA) licenses, permits and certificates via the ACE Portal.
Through this notice, Broker Portal Accounts were provided the
capability through the ACE Portal of maintaining organizational
demographic data (e.g., addresses, points of contact, etc.), license
and permit qualifiers, data on managing officials, employee lists,
information on relationships to individual licensed brokers, points of
contact and address information (at filer code level for each local
broker permit and each port covered by the local permit, and for the
national broker permit). Truck Carrier Portal Accounts were provided
the capability through the ACE Portal to view any applicable PGA
licenses, permits and certificates, and to maintain through the ACE
Portal addresses and points of contact and pre-registered truck
conveyance information, including equipment, shipper, and consignee
data. Truck Carrier Portal Accounts were also provided with the ability
to create and maintain driver accounts and search for and correlate
existing driver accounts to their Carrier Account. Finally, ESAR I also
announced the expansion of Portal Account Types to include: carriers
(all modes: air, rail, sea); cartman; lighterman; driver/crew; facility
operator; filer; foreign trade zone (FTZ) operator; service provider;
and surety.
E. ACE Entry, Summary, Accounts and Revenue (ESAR II) Capabilities
On August 26, 2008, CBP published a General Notice in the Federal
Register (73 FR 50337) announcing the agency's plan to conduct a new
test concerning ACE Entry Summary, Accounts, and Revenue (ESAR II)
functionality that would provide new Portal and EDI capabilities
specific to entry summary filing and processing of consumption and
informal entries. The notice stated that functionality will include ABI
Census Warning Overrides and issuance of CBP requests for information
and notices of action through the ACE Portal, and that new
functionality will enhance Portal Account Management and allow for ACE
Secure Data Portal reporting. The notice indicated that this release of
ESAR II initially would be limited only to formal entries, commonly
referred to in the Automated Commercial System (ACS) as type 01
entries, and informal entries, commonly referred to in ACS as type 11
entries. The notice listed the ports where the test was expected to be
deployed and requested that interested ABI participants wishing to
submit type 01 and 11 entries for this test provide to CBP, within 60
days of the date of publication of that notice, the number of expected
ACE entry summaries that will be submitted to the listed ports.
Importer and broker volunteers interested in benefiting from Portal
functionality available in this test were also advised that they must
have an ACE Portal Account. ABI volunteers were advised that for this
test, they must have the ability to file entries on a statement (i.e.,
no non-statement; single pay entry summaries would be allowed) and must
use a software package that has completed ABI certification testing for
ACE.
CBP subsequently published a General Notice in the Federal Register
on March 6, 2009 (74 FR 9826) announcing the port-by-port phased
deployment strategy for the ESAR II functionality. In that notice, CBP
invited any additional interested ABI applicants meeting the
eligibility criteria specified in the August 26, 2008, notice to
participate in the ESAR II test. Eligible
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ABI trade volunteers interested in submitting type 01 and 11 entries
for the ESAR test were advised to contact their assigned client
representative directly. Similarly, interested software developers were
also advised to contact their client representative with regard to
their interest in ABI certification testing for ACE. To date, the ESAR
II functionality is available at all ports, nationwide.
II. Test Concerning New ACE Entry Summary, Accounts and Revenue (ESAR
III) Capabilities Relating to the Filing and Processing of AD/CVD
Entries and Case Management
A. In General
This document announces CBP's plan to conduct a test concerning new
ACE Entry Summary, Accounts and Revenue (ESAR III) functionalities that
provide new Portal and EDI capabilities specific to the filing and
processing of anti-dumping and countervailing duty (AD/CVD) entries
(commonly referred to in ACS as type 03 entries) and AD/CVD case
management. Functionality for other entry types will be implemented as
it becomes available and will be announced via subsequent publication
in the Federal Register. It is noted that type 03 ACE entry summaries
and AD/CVD case data that are processed under this test are covered by
the ACE Systems of Record Notice (DHS/CBP-001), published in the
Federal Register on January 19, 2006 (71 FR 3109). For all others who
are not participating in the ESAR III, data is processed under ACS
Systems of Record Notice (DHS/CBP-015) published in the Federal
Register on December 19, 2008 (73 FR 77759).
The procedures and criteria related to participation in the prior
ACE tests, referenced above in Section I of this document, remain in
effect unless otherwise explicitly changed by this or subsequent
General Notices published in the Federal Register.
B. Portal Capability
AD/CVD case management will include the capability to search,
display and print both AD/CVD case information and AD/CVD messages. The
case reference file will provide the ability to record and track the
life cycle of an AD/CVD case and will contain important case
information such as the duty deposit rates, entry summary suspension
status, bond/cash status, administrative review information and events
related to the case history (e.g., ``initiation,'' ``preliminary,''
``Final,'' ``Order,'' ``Terminated''). The AD/CVD messages now resident
in ACE will also house additional information in one location such as
additional message header data elements (e.g., ``message status,''
``Federal Register Notice cite,'' ``Federal Register Notice publication
date,'' ``court order number'') and the ability to run searches for all
types of messages related to a particular case via the Portal.
Importers with an ACE Portal Account who have selected ``portal''
as their mode of communication will now also be able to respond to CBP
Forms 28, 29 and 4647 regarding AD/CVD entries via the ACE Portal as
well as all entry summaries (that is, both ACS and ACE entry
summaries).
Brokers with an ACE Portal Account will now also be able to create
declarations for their Non-Portal Accounts for AD/CVD entries. Brokers
with clients possessing their own importer Portal Accounts, however,
will not be able to create declarations on behalf of their clients.
Brokers will have to be granted access as a ``user'' on the importer's
Portal Account in order to create the declaration.
ACE Secure Data Portal Reports will also be enhanced to include AD/
CVD Entry Summary Data.
C. EDI Capability
Trade participants may begin to file entry summaries electronically
in ACE for entry types 03 using a better organized, more descriptive
ACE ABI CATAIR (Customs and Trade Automated Interface Requirements)
document. CATAIR documentation provides complete information describing
how importers and/or their agents provide electronic import information
to ABI, and receive transmissions from ABI once they have become a
participant.
Type 03 entries filed under this ESAR III test will now require the
submission of the ``sold to'' party and ``foreign exporter'' at the
line level. This requirement differs from the ESAR I and II tests that
apply to 01 and 011 entry types. The CATAIR should be consulted for
further guidance pertaining to the definitions for each of these new
data elements. Additionally, 01 entry types filed under this test will
now require the ``sold to'' party and ``consignee'' party; this is a
change from the previous ESAR II test where only the ``consignee''
party was required. As previously, mentioned, the CATAIR document
should be consulted for further guidance pertaining to the definitions
for the referenced data elements.
Filers will have the ability to make an AD/CVD Non-Reimbursement
statement on any line item that includes AD/CVD information.
Accompanying the case information, the filer will also have the ability
to identify the actual AD/CVD Non-Reimbursement declaration that cites
the case and that is on file with CBP.
Filers will have the ability to run an ABI query of AD/CVD case
information. Information returned in the query output will include data
required by ABI filers to successfully file AD or CVD entry summaries
in ACE. The available queries will include: (1) Specific case numbers--
input Q1-Record; and, (2) Case criteria (such as country, Manufacturer
Identification Number (MID), and date since last update)--input Q2-
Record.
Additionally there will be 10 different output records to provide
case details including:
Case general information (status, related case, short
description, etc.)
Case official name
Manufacturer details
Foreign exporter details
Department of Commerce contact information
Deposit rate details
Case events
Bond/cash details
Tariff details
Entry summary liquidation suspension details
Revisions to CATAIR chapters will include:
Entry Summary Create/Update (AE/AX)
Entry Summary Query (JC/JD)
Appendix G--ACE Condition Codes and Narrative Text
ACE ABI CATAIR--Table of Contents
AD/CVD Case Information Query
Interested parties are directed to cbp.gov for more detailed
information regarding these new ACE ABI CATAIR formats.
III. Confidentiality
All data submitted and entered into the ACE Portal is subject to
the Trade Secrets Act (18 U.S.C. 1905) and is considered confidential,
except to the extent as otherwise provided by law (see 19 U.S.C.
1431(c)). As stated in previous notices, participation in this or any
of the previous ACE tests is not confidential and upon a written
Freedom of Information Act request, a name(s) of an approved
participant(s) will be disclosed by CBP in accordance with 5 U.S.C.
552. If necessary, CBP will reserve the right to limit the number of
participants and locations during the initial stages of the test.
IV. Waiver of Affected Regulations
Any provision in title 19 of the Code of Federal Regulations
including, but not limited to, provisions found in parts
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141, 142, 143 and 151 relating to entry/entry summary processing that
are inconsistent with the requirements set forth in this notice are
waived for the duration of the test. See 19 CFR 101.9(a). Additionally,
any previous practice pertaining to party definitions, including but
not limited to ``ultimate consignee,'' that are inconsistent with the
requirements set forth in this notice are waived for the duration of
the test. The CATAIR should be consulted for appropriate terms and
definitions for the purposes of this test.
V. Misconduct Under the Test
An ACE 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:
Failure to follow the terms and conditions of this test.
Failure to exercise reasonable care in the execution of
participant obligations.
Failure to abide by applicable laws and regulations.
Failure to deposit duties or fees in a timely manner.
Misuse of the ACE Portal.
Engagement in any unauthorized disclosure or access to the
ACE Portal.
Engagement in any activity which interferes with the
successful evaluation of the new technology.
Suspensions for misconduct will be administered by the Executive
Director, Commercial Targeting and Enforcement, Office of International
Trade, CBP Headquarters. A notice proposing suspension will be provided
in writing to the participant. Such notice will apprise the participant
of the 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 International Trade, within 15
calendar days of the notification date. Should the participant appeal
the notice of proposed suspension, the participant must address the
facts or conduct charges contained in the notice and state how
compliance 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.
VI. 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, implementation and conduct
of the test at any time during the test period. CBP will publish the
final results in the Federal Register and the Customs Bulletin as
required by 19 CFR 101.9(b).
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 (staff, interest, reduction in mailing costs,
etc.).
Policy and procedure accommodation.
Trade compliance impact.
Problem resolution.
System efficiency.
Operational efficiency.
Other issues identified by the participant group.
Dated: December 24, 2009.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
[FR Doc. E9-31006 Filed 12-29-09; 8:45 am]
BILLING CODE 9111-14- P (50%)- 9111-15- P(50%)
