Post-Entry Amendment (PEA) Processing Test: Modification, Clarification, and Extension, 37136 [2011-15804]

Agencies

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

[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Page 37136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15804]



[[Page 37136]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Post-Entry Amendment (PEA) Processing Test: Modification, 
Clarification, and Extension

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

ACTION: General notice.

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SUMMARY: This document announces a modification of U.S. Customs and 
Border Protection's (CBP's) Post-Entry Amendment (PEA) Processing test, 
which allows the amendment of entry summaries prior to liquidation. The 
test is being modified to reflect that PEA procedures will no longer be 
accepted for entry summaries filed in the Automated Commercial 
Environment (ACE). In addition, this notice clarifies that for any PEA 
which results in Antidumping/Countervailing Duty (AD/CVD) cash deposits 
due (or bond, if allowed), such deposits or bond are due with the 
submission of the PEA. Lastly, this notice announces that the PEA test 
is extended for an additional three-year period.

DATES: The Post-Entry Amendment (PEA) Processing test modification set 
forth in this document is effective September 22, 2011. The PEA test is 
extended for a three-year period, or such period as may be subsequently 
announced by CBP, commencing on June 24, 2011.

ADDRESSES: Written comments regarding this notice should be addressed 
to U.S. Customs and Border Protection, Entry and Drawback Management 
Branch, Office of International Trade, ATTN: Post-Entry Amendment, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Questions pertaining to any aspect of 
this notice should be directed to Laurie Dempsey, U.S. Customs and 
Border Protection, Entry and Drawback Management Branch, Office of 
International Trade, at (202) 863-6509 or via e-mail at 
laurie.dempsey@dhs.gov.

SUPPLEMENTARY INFORMATION: 

Background

I. Post-Entry Amendment Processing Test Program

    The Post-Entry Amendment (PEA) Processing test procedure is 
authorized under Sec.  101.9(a) of title 19 of the Code of Federal 
Regulations (19 CFR 101.9(a)), and allows importers to amend entry 
summaries (not informal entries) prior to liquidation by filing with 
Customs and Border Protection (CBP) either an individual amendment 
letter upon discovery of certain kinds of errors or a quarterly 
tracking report covering certain other errors that occurred during the 
quarter.
    In a notice published in the Federal Register (65 FR 70872) on 
November 28, 2000, CBP announced and described the PEA processing test 
(the test or PEA test). The notice announced that the test would 
commence no earlier than December 28, 2000, and run approximately one 
year.
    The PEA test was extended on four subsequent occasions by 
publication of notice in the Federal Register as follows: To December 
21, 2002 (67 FR 768, published January 7, 2002); to December 31, 2003 
(68 FR 8329, published February 20, 2003); to December 31, 2004 (69 FR 
5860, published February 6, 2004); and to August 21, 2008 (72 FR 46654, 
published August 21, 2007).

II. Modification and Clarification of the PEA Test

    In a related notice published in this edition of the Federal 
Register, CBP announces its plan to conduct a National Customs 
Automation Program test concerning new ACE Entry Summary, Accounts and 
Revenue (ESAR IV) capabilities. These new capabilities include 
functionalities specific to Automated Broker Interface processing of 
post-summary corrections (PSCs) for entry summaries filed in ACE. The 
notice announces that, for purposes of ESAR IV, a PSC transaction will 
replace the existing Post-Entry Amendment (PEA) hard copy process for 
entry summaries filed under ACE. Accordingly, this notice announces 
conforming changes to the PEA test whereby PEA procedures will no 
longer be accepted for entry summaries filed in ACE effective September 
22, 2011.
    This notice also clarifies that for any PEA which results in 
Antidumping/Countervailing Duty (AD/CVD) cash deposits due (or bond, if 
allowed), such deposits or bond are due with the submission of the PEA. 
There is no de minimis amount for AD/CVD duties. Liquidated damages may 
apply if the appropriate AD/CVD duties (or bond) are not submitted with 
the PEA.
    In addition, CBP requests that participants not use submissions 
made under this test as a means of submitting a prior disclosure under 
19 U.S.C. 1592. If a participant wishes to file a prior disclosure for 
an entry summary amended under this test, the rules and procedures set 
forth in 19 CFR 162.74 should be followed. For more information on 
prior disclosures see CBP's Informed Compliance Publication ``The ABC's 
of Prior Disclosure'' available on cbp.gov.
    Other than this modification and clarification, the PEA test 
procedures remain as set forth in previously published notices.

III. Extension of the PEA Test

    This notice announces a further extension of the PEA test for a 
three-year period, or such period as may be subsequently announced by 
CBP, commencing on the date this document is published in the Federal 
Register.

    Dated: May 23, 2011.
Allen Gina,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2011-15804 Filed 6-23-11; 8:45 am]
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