Post-Summary Corrections to Entry Summaries Filed in ACE Pursuant to the ESAR IV Test: Modifications and Clarifications, 69434-69436 [2013-27651]

Download as PDF 69434 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices collection and sharing; modernizing regulations, guidance, and policies; and identifying best practices in chemical facility safety and security. In particular, the EO Working Group is interested in hearing from the following stakeholders: Chemical producers, chemical storage companies, agricultural supply companies, state and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, and consensus standards organizations. Input from these public listening sessions will be used to inform the EO Working Groups’ efforts to improve chemical regulation and better protect the nation. Basic information on the EO can be found at: http:// www.dhs.gov/topic/chemical-security. Dated: November 13, 2013. Caitlin Durkovich, Assistant Secretary, Office of Infrastructure Protection. II. Scope of Public Listening Sessions SUMMARY: The Working Group is interested in obtaining information from the public on key issues impacting the EO. In particular, the EO Working Group seeks comments on the following: • Improving operational coordination with state, tribal, and local partners; • Enhanced information collection and sharing; • Modernizing regulations, guidance, and policies; and • Identifying best practices in chemical facility safety and security. III. Request for Comments Regardless of attendance at the public listening sessions and Webinars, interested persons may submit comments to the DHS Docket Office, Docket No. DHS–2013–0075, Technical Data Center, Room N–2625, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Comments will also be accepted by email at: eo.chemical@hq.dhs.gov or through the Federal eRulemaking Portal at http://www.regulations.gov. TKELLEY on DSK3SPTVN1PROD with NOTICES IV. Notes Participants that do speak will be asked to provide their name, title, company and stakeholder segment (i.e. chemical producers, chemical storage companies, agricultural supply companies, state and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, and consensus standards organizations). Notes from the listening sessions will be posted at http:// www.regulations.gov. The public listening sessions may also be recorded to support the note taking effort. VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 [FR Doc. 2013–27681 Filed 11–18–13; 8:45 am] BILLING CODE 9110–9P–P Background DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Post-Summary Corrections to Entry Summaries Filed in ACE Pursuant to the ESAR IV Test: Modifications and Clarifications U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. AGENCY: This notice announces modifications and clarifications pertaining to U.S. Customs and Border Protection’s (CBP’s) Entry Summary, Accounts and Revenue (ESAR IV) test program concerning the processing of post-summary corrections (PSCs) to entry summaries that are filed in the Automated Commercial Environment (ACE). The modifications to the ESAR IV test program will allow filers greater access to data filed in ACE as it relates to the original entry and any subsequent PSC, limit certain additional data elements from being changed via PSC, and preclude a PSC on any entry that has been protested or where merchandise covered by the original entry has been conditionally released and its right to admission has not been determined. This notice also clarifies bond obligations when a PSC has been filed, CBP’s authority to reject a PSC, and the meaning of certain terms as they relate to the ESAR IV test. DATES: The ESAR IV test modifications will go into effect December 19, 2013, 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 email to Monica Crockett at ESARinfoinbox@ dhs.gov. Please indicate ‘‘ESAR IV (PostSummary Corrections Processing)’’ in the subject line of your email. FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact Virginia McPherson via email at otentrysummary@cbp.dhs.gov. For technical questions related to ABI transmissions, contact your assigned client representative. Interested parties PO 00000 Frm 00073 Fmt 4703 without an assigned client representative should direct their questions to the Client Representative Branch at (703) 650–3500. SUPPLEMENTARY INFORMATION: Sfmt 4703 I. Automated Commercial Environment (ACE) Test Programs Automated Commercial Environment (ACE) prototypes are tested in accordance with § 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR 101.9(b)), which provides for the testing of National Customs Automation Program (NCAP) components. A chronological listing of Federal Register publications detailing ACE test developments is set forth below in section V of this document. The procedures and criteria related to participation in the prior ACE tests remain in effect unless otherwise explicitly changed by this or subsequent notices published in the Federal Register. II. ACE Entry Summary, Accounts and Revenue (ESAR IV) Test Program In a notice published in the Federal Register (76 FR 37136) on June 24, 2011, U.S. Customs and Border Protection (CBP) announced a plan to conduct a NCAP test concerning new ACE ESAR IV capabilities (‘‘ESAR IV test’’). The ESAR IV test permitted importers to file post-summary corrections (PSCs) of certain ACE entry summaries using the Automated Broker Interface (ABI). Importers and their brokers were also allowed to use ABI to file PSCs to those pre-liquidation ACE entry summaries that were accepted by CBP, fully paid, and under CBP control. III. Modifications to the ESAR IV Test A. Access by Filers to Entry and PSC Data Under the terms of the original ESAR IV test, as set forth in Subsection II.H of that document (76 FR 37138), the full content of the original entry summary was to be provided only to the filer of that entry summary. A subsequently filed PSC was deemed to fully replace the original entry summary, and full information with respect to the PSC was only available to the filer of the PSC and the filer of the original entry summary did not have access to the new filing. Similarly, if a second PSC was filed, it fully replaced the previously filed PSC and full information was accessible only to the filer of the second PSC. The filer of the original entry summary or the filer of the previously filed PSC were notified that a new replacement entry E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES summary had been filed by a PSC, but did not have access to the new filing. CBP received considerable feedback from the trade community and test participants regarding the opportunity for increased access to information in PSCs. In response to the test participants’ requests for greater access, and after due consideration, CBP has determined it will modify the ESAR IV test to allow the original entry summary filer, and any subsequent PSC filer, full access to all entry summary data contained in a subsequent PSC. Therefore, by running a report or query in ACE, any filer can see the complete entry summary data as modified by a PSC. Under the terms and conditions of the modification announced in this notice, when a PSC is filed, the filer of the original entry summary will be notified that the entry summary has been fully replaced by a PSC and the original filer will have full access to the new filing. Similarly, if a subsequent PSC is filed, it fully replaces the previously filed PSC, and the filer of the first PSC will be notified that a new replacement entry summary has been filed and will have full access to the new filing. All of the information in the latest version of the entry summary and all subsequent PSCs will be accessible to all of the filers. By participating under the terms and conditions of this test, importers and filers acknowledge that by filing a PSC they are making any commercial and confidential business information contained within the PSC available to all the parties described in this test, i.e. the filer of the original entry summary and any filers of a PSC correcting that entry summary. An importer should not file a PSC under the terms and conditions of this test if the importer does not want the original entry summary filer or PSC filer to have full access to all information contained within a subsequent PSC that was filed by a different filer. It is noted that the recordkeeping obligations set forth in 76 FR 37138 remain unchanged (i.e., entry filers and PSC filers only have recordkeeping responsibilities for their own submissions and do not incur recordkeeping obligations related to the submissions of others). B. Data Elements That Cannot Be Changed Via PSC The ESAR IV test notice, in Subsection II.E of that document (76 FR 37138), listed data elements that cannot be changed via PSC. This notice announces the following three additional data elements that cannot be changed via PSC: VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 • Date of Entry • Bond • Surety Code C. Criteria and Rules for Filing a PSC The ESAR IV test notice, in Subsection II.D of that document (76 FR 37137), listed criteria and rules for filing a PSC. This notice announces two new criteria and one modification to an existing criterion. The new criteria are as follows: • A PSC cannot be made on entries that have been protested; and • A PSC cannot be made when any merchandise covered by the original entry has been conditionally released and its right to admission has not been determined. The modified criterion reflects that where a PSC results in a formal (type 01) entry being changed/corrected to indicate it is an Antidumping/ Countervailing (type 03) entry, or if a PSC for a change/correction to a type 03 entry results in additional AD/CVD duties due, the importer of record must deposit the associated AD/CVD duties (or bond, if allowed) at the same time the PSC is filed and failure to file the deposit of the duties (or bond, if allowed) will result in rejection of the PSC and may result in liquidated damages. Such failure may also subject the importer to penalties under 19 U.S.C. 1592, or the broker to penalties under 19 U.S.C. 1641, as the facts and circumstances warrant. This is a change from the terms of the original ESAR IV test, where a failure to file the deposit of duties did not result in a rejection of the PSC. IV. Clarifications to the ESAR IV Test Program A. Bonding and PSC Filing The ESAR IV test program did not address the subject of bonds and bonding as affected by a PSC. To provide clarity in this area, and affirm that for purposes of the ESAR IV test program the same bond and surety remain on an entry for which a PSC is filed, this notice announces the following ESAR IV bonding guidelines: • If, prior to a PSC filing, a bond is filed pursuant to 19 CFR 142.4(b), or 19 CFR 141.20 (as authorized by 19 U.S.C. 1485(d)), that bond will continue to be obligated for the entry. All obligations vesting under the original entry, prior to the filing of a PSC, remain vested and are not obviated by a subsequent PSC filing. • If a PSC is filed and accepted by CBP, the bond obligated at the time of entry, as well as any subsequent replacement bonds or superseding PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 69435 bonds, remain obligated for the original entry and the entry summary against which the PSC was filed. • New bond data will not be accepted through a PSC. B. Rejection of a PSC While not explicitly stated in the ESAR IV test notice published in the Federal Register (76 FR 37136) on June 24, 2011, this notice clarifies that CBP retains the authority to reject any PSC that may be found to be incomplete or not in compliance with the requirements described in that test. A PSC which has been rejected by the system back to the filer may be retransmitted within two (2) business days of the rejection. If there is no timely re-transmission, CBP will set the previously accepted entry for immediate liquidation, unless the liquidation of such previously accepted entry has been suspended pursuant to statute or court order. C. Deemed Liquidation Pursuant to 19 U.S.C. 1504(a), consumption entries are ‘‘deemed liquidated’’ at a rate of duty, value, quantity and amount of duties asserted by the importer of record. For purposes of the ESAR IV test, CBP interprets the statutory phrase ‘‘deemed liquidation’’ to mean rate of duty, value, quantity and amount of duties asserted at the time of acceptance of the PSC. D. Definitions This notice announces the following definitions for purposes of the ESAR IV test program: • Complete or Full Replacement. The term ‘‘complete or full replacement’’ means the replacement of all data elements in an original entry summary filed in ACE with new data elements found in a superseding PSC. A complete or full replacement does not mean that the replaced data is null and void. Any obligations that vested under the original entry or entry summary remain valid. Obligations that vest subsequent to the replacement are attributable to the PSC. For example, when an original entry summary is filed outside the 15calendar day time period for filing entry and liquidated damages are incurred, the filing of a PSC on that entry summary is deemed to ‘‘replace’’ the entry summary but does not obviate the liquidated damages that were assessed properly against the original filing. • Under U.S. Customs and Border Protection (CBP) Review. The term ‘‘under U.S. Customs and Border Protection (CBP) review’’ means the period of time when CBP is reviewing the data elements and supporting E:\FR\FM\19NON1.SGM 19NON1 69436 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices documents of either an original entry summary or PSC prior to CBP’s disposition of the original entry summary or PSC. V. Development of ACE Prototypes A chronological listing of Federal Register publications detailing ACE test developments is set forth below. • ACE Portal Accounts and Subsequent Revision Notices: 67 FR 21800 (May 1, 2002); 70 FR 5199 (February 1, 2005); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 FR 54302 (September 8, 2004). • ACE System of Records Notice: 71 FR 3109 (January 19, 2006). • Terms/Conditions for Access to the ACE Portal and Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 2008). • ACE Non-Portal Accounts and Related Notice: 70 FR 61466 (October 24, 2005); 71 FR 15756 (March 29, 2006). • ACE Entry Summary, Accounts and Revenue (ESAR I) Capabilities: 72 FR 59105 (October 18, 2007). • ACE Entry, Summary, Accounts and Revenue (ESAR II) Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 2009). • ACE Entry, Summary, Accounts and Revenue (ESAR III) Capabilities: 74 FR 69129 (December 30, 2009). • ACE Entry, Summary, Accounts and Revenue (ESAR IV) Capabilities: 76 FR 37136 (June 24, 2011). • NCAP Test Concerning the Document Imaging System: 77 FR 20835 (April 6, 2012). • Modification of NCAP Test Concerning ACE Cargo Release (formerly known as Simplified Entry): 78 FR 66039 (November 4, 2013) Dated: November 14, 2013. Richard F. DiNucci, Acting Assistant Commissioner, Office of International Trade. BILLING CODE 9111–14–P; 9111–15–P; 9111–16–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–HQ–ES–2013–N191; FXES111309F0000–134–FF09E22000] Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year ˜ Review of the Vicuna in Argentina, Bolivia, Chile, Ecuador, and Peru Fish and Wildlife Service, Interior. ACTION: Notice of initiation of review; request for information. TKELLEY on DSK3SPTVN1PROD with NOTICES AGENCY: What information do we consider in our review? We, the U.S. Fish and Wildlife Service (Service), are initiating a 5-year review under the Endangered Species Act of 1973, as amended (Act), VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 Why do we conduct 5-year reviews? Under the Act (16 U.S.C. 1531 et seq.), we maintain Lists of Endangered and Threatened Wildlife and Plants (which we collectively refer to as the List). Wildlife and plants on the List can be found at http://ecos.fws.gov/tess_public/ pub/listedAnimals.jsp and http:// ecos.fws.gov/tess_public/pub/ listedPlants.jsp, respectively. Section 4(c)(2)(A) of the Act requires us to review each listed species’ status at least once every 5 years. Our regulations at 50 CFR 424.21 require that we publish a notice in the Federal Register announcing those species under active review. For additional information about 5-year reviews, refer to our fact sheet at http://www.fws.gov/ endangered/what-we-do/recoveryoverview.html. [FR Doc. 2013–27651 Filed 11–18–13; 8:45 am] SUMMARY: ˜ of the vicuna. A 5-year review is based on the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of the species. DATES: To ensure consideration, please send your written information by January 21, 2014. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Please submit your information in writing to the Branch of Foreign Species, Endangered Species Program, by any one of the following methods: • Electronically: Email es_ foreignspecies@fws.gov. • U.S. mail: U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Room 420, Arlington, VA 22203. For more about submitting information, see ‘‘What Information Do We Consider in Our Review?’’ and ‘‘Request for Information’’ under SUPPLEMENTARY INFORMATION below. FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of Foreign Species, Endangered Species Program, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703– 358–2171; facsimile 703–358–1735. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: In conducting a 5-year review, we consider the best scientific and commercial data that have become available since the listing determination or most recent status review, such as: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 (A) Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics; (B) Habitat conditions, including but not limited to amount, distribution, and suitability; (C) Conservation measures that have been implemented that benefit the species; (D) Threat status and trends in relation to the five listing factors (as defined in Section 4(a)(1) of the Act); and (E) Other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. New information will be considered in the 5-year review and ongoing recovery programs for the species. Species Under Review This notice announces our review of ˜ the vicuna (Vicugna vicugna). In the ˜ United States, the vicuna is subject to two regulatory measures: The Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We originally listed ˜ the vicuna as endangered under the Act on June 2, 1970 (35 FR 8491). Among other things, that listing prohibited certain U.S. interstate and foreign ˜ commerce in vicuna products. The ˜ vicuna was included in Appendix I of CITES on July 1, 1975 (the date of entry into force of CITES), which thereby generally prohibited primarily commercial international trade in ˜ vicuna products. Certain populations of ˜ vicunas in Chile and Peru were transferred to CITES Appendix II at the sixth meeting of the Conference of the Parties to CITES (CoP6) in 1987. The ˜ remaining vicuna populations of Peru were transferred to Appendix II in 1994 at the ninth meeting of the Conference of the Parties (CoP9), while certain populations in Argentina and Bolivia were transferred to Appendix II in 1997 at the tenth meeting of the Conference of the Parties (CoP10). These transfers to CITES Appendix II reflected an improved conservation status for ˜ specified vicuna populations, and allowed the resumption of commercial, international trade—under carefully ˜ controlled conditions—of vicuna fiber ˜ and products manufactured from vicuna fiber. This international trade, however, was still excluded from the United States because of the species’ listing as endangered under the Act, which is a stricter domestic measure than CITES. The United States supported the above ˜ transfers of the specified vicuna E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Pages 69434-69436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27651]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Post-Summary Corrections to Entry Summaries Filed in ACE Pursuant 
to the ESAR IV Test: Modifications and Clarifications

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

ACTION: General notice.

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

SUMMARY: This notice announces modifications and clarifications 
pertaining to U.S. Customs and Border Protection's (CBP's) Entry 
Summary, Accounts and Revenue (ESAR IV) test program concerning the 
processing of post-summary corrections (PSCs) to entry summaries that 
are filed in the Automated Commercial Environment (ACE). The 
modifications to the ESAR IV test program will allow filers greater 
access to data filed in ACE as it relates to the original entry and any 
subsequent PSC, limit certain additional data elements from being 
changed via PSC, and preclude a PSC on any entry that has been 
protested or where merchandise covered by the original entry has been 
conditionally released and its right to admission has not been 
determined. This notice also clarifies bond obligations when a PSC has 
been filed, CBP's authority to reject a PSC, and the meaning of certain 
terms as they relate to the ESAR IV test.

DATES: The ESAR IV test modifications will go into effect December 19, 
2013, 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 
email to Monica Crockett at ESARinfoinbox@dhs.gov. Please indicate 
``ESAR IV (Post-Summary Corrections Processing)'' in the subject line 
of your email.

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Virginia McPherson via email at otentrysummary@cbp.dhs.gov. For 
technical questions related to ABI transmissions, contact your assigned 
client representative. Interested parties without an assigned client 
representative should direct their questions to the Client 
Representative Branch at (703) 650-3500.

SUPPLEMENTARY INFORMATION:

Background

I. Automated Commercial Environment (ACE) Test Programs

    Automated Commercial Environment (ACE) prototypes are tested in 
accordance with Sec.  101.9(b) of title 19 of the Code of Federal 
Regulations (19 CFR 101.9(b)), which provides for the testing of 
National Customs Automation Program (NCAP) components. A chronological 
listing of Federal Register publications detailing ACE test 
developments is set forth below in section V of this document. The 
procedures and criteria related to participation in the prior ACE tests 
remain in effect unless otherwise explicitly changed by this or 
subsequent notices published in the Federal Register.

II. ACE Entry Summary, Accounts and Revenue (ESAR IV) Test Program

    In a notice published in the Federal Register (76 FR 37136) on June 
24, 2011, U.S. Customs and Border Protection (CBP) announced a plan to 
conduct a NCAP test concerning new ACE ESAR IV capabilities (``ESAR IV 
test''). The ESAR IV test permitted importers to file post-summary 
corrections (PSCs) of certain ACE entry summaries using the Automated 
Broker Interface (ABI). Importers and their brokers were also allowed 
to use ABI to file PSCs to those pre-liquidation ACE entry summaries 
that were accepted by CBP, fully paid, and under CBP control.

III. Modifications to the ESAR IV Test

A. Access by Filers to Entry and PSC Data

    Under the terms of the original ESAR IV test, as set forth in 
Subsection II.H of that document (76 FR 37138), the full content of the 
original entry summary was to be provided only to the filer of that 
entry summary. A subsequently filed PSC was deemed to fully replace the 
original entry summary, and full information with respect to the PSC 
was only available to the filer of the PSC and the filer of the 
original entry summary did not have access to the new filing. 
Similarly, if a second PSC was filed, it fully replaced the previously 
filed PSC and full information was accessible only to the filer of the 
second PSC. The filer of the original entry summary or the filer of the 
previously filed PSC were notified that a new replacement entry

[[Page 69435]]

summary had been filed by a PSC, but did not have access to the new 
filing.
    CBP received considerable feedback from the trade community and 
test participants regarding the opportunity for increased access to 
information in PSCs. In response to the test participants' requests for 
greater access, and after due consideration, CBP has determined it will 
modify the ESAR IV test to allow the original entry summary filer, and 
any subsequent PSC filer, full access to all entry summary data 
contained in a subsequent PSC. Therefore, by running a report or query 
in ACE, any filer can see the complete entry summary data as modified 
by a PSC.
    Under the terms and conditions of the modification announced in 
this notice, when a PSC is filed, the filer of the original entry 
summary will be notified that the entry summary has been fully replaced 
by a PSC and the original filer will have full access to the new 
filing. Similarly, if a subsequent PSC is filed, it fully replaces the 
previously filed PSC, and the filer of the first PSC will be notified 
that a new replacement entry summary has been filed and will have full 
access to the new filing. All of the information in the latest version 
of the entry summary and all subsequent PSCs will be accessible to all 
of the filers.
    By participating under the terms and conditions of this test, 
importers and filers acknowledge that by filing a PSC they are making 
any commercial and confidential business information contained within 
the PSC available to all the parties described in this test, i.e. the 
filer of the original entry summary and any filers of a PSC correcting 
that entry summary. An importer should not file a PSC under the terms 
and conditions of this test if the importer does not want the original 
entry summary filer or PSC filer to have full access to all information 
contained within a subsequent PSC that was filed by a different filer.
    It is noted that the recordkeeping obligations set forth in 76 FR 
37138 remain unchanged (i.e., entry filers and PSC filers only have 
recordkeeping responsibilities for their own submissions and do not 
incur recordkeeping obligations related to the submissions of others).

B. Data Elements That Cannot Be Changed Via PSC

    The ESAR IV test notice, in Subsection II.E of that document (76 FR 
37138), listed data elements that cannot be changed via PSC. This 
notice announces the following three additional data elements that 
cannot be changed via PSC:
     Date of Entry
     Bond
     Surety Code

C. Criteria and Rules for Filing a PSC

    The ESAR IV test notice, in Subsection II.D of that document (76 FR 
37137), listed criteria and rules for filing a PSC. This notice 
announces two new criteria and one modification to an existing 
criterion. The new criteria are as follows:
     A PSC cannot be made on entries that have been protested; 
and
     A PSC cannot be made when any merchandise covered by the 
original entry has been conditionally released and its right to 
admission has not been determined.
    The modified criterion reflects that where a PSC results in a 
formal (type 01) entry being changed/corrected to indicate it is an 
Antidumping/Countervailing (type 03) entry, or if a PSC for a change/
correction to a type 03 entry results in additional AD/CVD duties due, 
the importer of record must deposit the associated AD/CVD duties (or 
bond, if allowed) at the same time the PSC is filed and failure to file 
the deposit of the duties (or bond, if allowed) will result in 
rejection of the PSC and may result in liquidated damages. Such failure 
may also subject the importer to penalties under 19 U.S.C. 1592, or the 
broker to penalties under 19 U.S.C. 1641, as the facts and 
circumstances warrant. This is a change from the terms of the original 
ESAR IV test, where a failure to file the deposit of duties did not 
result in a rejection of the PSC.

IV. Clarifications to the ESAR IV Test Program

A. Bonding and PSC Filing

    The ESAR IV test program did not address the subject of bonds and 
bonding as affected by a PSC. To provide clarity in this area, and 
affirm that for purposes of the ESAR IV test program the same bond and 
surety remain on an entry for which a PSC is filed, this notice 
announces the following ESAR IV bonding guidelines:
     If, prior to a PSC filing, a bond is filed pursuant to 19 
CFR 142.4(b), or 19 CFR 141.20 (as authorized by 19 U.S.C. 1485(d)), 
that bond will continue to be obligated for the entry. All obligations 
vesting under the original entry, prior to the filing of a PSC, remain 
vested and are not obviated by a subsequent PSC filing.
     If a PSC is filed and accepted by CBP, the bond obligated 
at the time of entry, as well as any subsequent replacement bonds or 
superseding bonds, remain obligated for the original entry and the 
entry summary against which the PSC was filed.
     New bond data will not be accepted through a PSC.

B. Rejection of a PSC

    While not explicitly stated in the ESAR IV test notice published in 
the Federal Register (76 FR 37136) on June 24, 2011, this notice 
clarifies that CBP retains the authority to reject any PSC that may be 
found to be incomplete or not in compliance with the requirements 
described in that test. A PSC which has been rejected by the system 
back to the filer may be re-transmitted within two (2) business days of 
the rejection. If there is no timely re-transmission, CBP will set the 
previously accepted entry for immediate liquidation, unless the 
liquidation of such previously accepted entry has been suspended 
pursuant to statute or court order.

C. Deemed Liquidation

    Pursuant to 19 U.S.C. 1504(a), consumption entries are ``deemed 
liquidated'' at a rate of duty, value, quantity and amount of duties 
asserted by the importer of record. For purposes of the ESAR IV test, 
CBP interprets the statutory phrase ``deemed liquidation'' to mean rate 
of duty, value, quantity and amount of duties asserted at the time of 
acceptance of the PSC.

D. Definitions

    This notice announces the following definitions for purposes of the 
ESAR IV test program:
     Complete or Full Replacement. The term ``complete or full 
replacement'' means the replacement of all data elements in an original 
entry summary filed in ACE with new data elements found in a 
superseding PSC. A complete or full replacement does not mean that the 
replaced data is null and void. Any obligations that vested under the 
original entry or entry summary remain valid. Obligations that vest 
subsequent to the replacement are attributable to the PSC. For example, 
when an original entry summary is filed outside the 15-calendar day 
time period for filing entry and liquidated damages are incurred, the 
filing of a PSC on that entry summary is deemed to ``replace'' the 
entry summary but does not obviate the liquidated damages that were 
assessed properly against the original filing.
     Under U.S. Customs and Border Protection (CBP) Review. The 
term ``under U.S. Customs and Border Protection (CBP) review'' means 
the period of time when CBP is reviewing the data elements and 
supporting

[[Page 69436]]

documents of either an original entry summary or PSC prior to CBP's 
disposition of the original entry summary or PSC.

V. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.

 ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 70 FR 5199 (February 1, 2005); 69 FR 5360 and 
69 FR 5362 (February 4, 2004); 69 FR 54302 (September 8, 2004).
 ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
 Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 
7, 2008).
 ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
 ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).
 ACE Entry, Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
 ACE Entry, Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
 ACE Entry, Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
 NCAP Test Concerning the Document Imaging System: 77 FR 
20835 (April 6, 2012).
 Modification of NCAP Test Concerning ACE Cargo Release 
(formerly known as Simplified Entry): 78 FR 66039 (November 4, 2013)

    Dated: November 14, 2013.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2013-27651 Filed 11-18-13; 8:45 am]
BILLING CODE 9111-14-P; 9111-15-P; 9111-16-P