Post-Summary Corrections to Entry Summaries Filed in ACE Pursuant to the ESAR IV Test: Modifications and Clarifications, 69434-69436 [2013-27651]
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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: https://
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 https://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 https://
www.regulations.gov. The public
listening sessions may also be recorded
to support the note taking effort.
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[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
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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
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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
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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 https://ecos.fws.gov/tess_public/
pub/listedAnimals.jsp and https://
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 https://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
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]]>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]
-----------------------------------------------------------------------
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
