Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release for Ocean and Rail Carriers, 6210-6212 [2014-02218]
Download as PDF
<![CDATA[
6210
Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices
Dated: January 28, 2014.
Laura Dawkins,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
the identity of the ports where filings
are likely to occur.
FOR FURTHER INFORMATION CONTACT: For
policy related questions, contact
Stephen Hilsen, Director, Business
Transformation, ACE Business Office,
Office of International Trade, at
stephen.r.hilsen@cbp.dhs.gov. For
technical questions, contact Susan
Maskell, Client Representative Branch,
ACE Business Office, Office of
International Trade, at susan.c.maskell@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–02126 Filed 1–31–14; 8:45 am]
Background
BILLING CODE 9111–97–P
I. The National Customs Automation
Program
The National Customs Automation
Program (NCAP) was established in
Subtitle B of Title VI—Customs
Modernization, in the North American
Free Trade Agreement Implementation
Act (Pub. L. 103–182, 107 Stat. 2057,
2170, December 8, 1993) (Customs
Modernization Act). See 19 U.S.C. 1411.
Through NCAP, the initial thrust of
customs modernization was on trade
compliance and the development of the
Automated Commercial Environment
(ACE), the planned successor to the
Automated Commercial System (ACS).
ACE is an automated and electronic
system for commercial trade processing
which is intended to streamline
business processes, facilitate growth in
trade, ensure cargo security, and foster
participation in global commerce, while
ensuring compliance with U.S. laws and
regulations and reducing costs for U.S.
Customs and Border Protection (CBP)
and all of its communities of interest.
The ability to meet these objectives
depends on successfully modernizing
CBP’s business functions and the
information technology that supports
those functions.
CBP’s modernization efforts are
accomplished through phased releases
of ACE component functionality
designed to replace a specific legacy
ACS function. Each release will begin
with a test and, if the test is successful,
will end with implementation of the
functionality through the promulgation
of regulations governing the new ACE
feature and the retirement of the legacy
ACS function.
The ACE Cargo Release test was
previously known as the Simplified
Entry Test because the test simplified
the entry process by reducing the
number of data elements required to
obtain release for cargo transported by
air. Through phased releases of ACE
component functionality this test has
been expanded to allow all eligible
participants to join the test for an
the Federal eRulemaking Portal site at:
https://www.regulations.gov.
We may also be contacted at: USCIS,
Office of Policy and Strategy, Regulatory
Coordination Division, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140,
Telephone number 202–272–8377.
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to modify the National
Customs Automation Program (NCAP)
test concerning Cargo Release
functionality in the Automated
Commercial Environment (ACE).
Originally, the test was known as the
Simplified Entry Test because the test
simplified the entry process by reducing
the number of data elements required to
obtain release for cargo transported by
air. The test continues to be modified to
provide more capabilities to test
participants allowing CBP to deliver
enhanced functionality. This notice
modifies the ACE Cargo Release test to
include expansion to the ocean and rail
modes of transportation. This notice
invites more participants to join the test.
DATES: The ACE Cargo Release test
modifications set forth in this document
are effective no earlier than January 5,
2014. The test will run until
approximately November 1, 2015.
ADDRESSES: Comments or questions
concerning this notice and indication of
interest in participation in ACE Cargo
Release should be submitted, via email,
to Susan Maskell at susan.c.maskell@
cbp.dhs.gov. In the subject line of your
email, please use, ‘‘Comment on ACE
Cargo Release’’. The body of the email
should include information regarding
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
20:46 Jan 31, 2014
Jkt 232001
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
indefinite period regardless of the
Customs-Trade Partnership Against
Terrorism (C–TPAT) status of an
importer self-filer or a customs broker.
For the convenience of the public, a
chronological listing of Federal Register
publications detailing ACE test
developments is set forth below in
Section VII, entitled, ‘‘Development of
ACE Prototypes’’. The procedures and
criteria applicable 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. Authorization for the Test
The Customs Modernization Act
provides the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. The test described in this notice
is authorized pursuant to § 101.9(b) of
title 19 of the Code of Federal
Regulations (19 CFR 101.9(b)), which
provides for the testing of NCAP
programs or procedures. See Treasury
Decision (T.D.) 95–21.
III. Expansion of ACE Cargo Release
Test to Ocean and Rail Modes of
Transportation
This document is announcing CBP’s
plan to expand the ACE Cargo Release
test which allows for the filing
capabilities by importers and customs
brokers for cargo transported by air to
include filing capabilities by importers
and customs brokers for cargo
transported by ocean and rail.
Eligibility Requirements
To be eligible to apply for this test,
the applicant must: (1) Be a self-filing
importer who has the ability to file ACE
Entry Summaries certified for cargo
release or a broker who has the ability
to file ACE Entry Summaries certified
for cargo release; or (2) have evinced the
intent to file entry summaries in ACE.
Parties seeking to participate in this
test must use a software package that
has completed Automated Broker
Interface (ABI) certification testing for
ACE and offers the simplified entry
message set prior to transmitting data
under the test. See the General Notice of
August 26, 2008 (73 FR 50337) for a
complete discussion on procedures for
obtaining an ACE Portal Account.
Importers not self-filing must be sure
their broker has the capability to file
entry summaries in ACE.
Document Image System (DIS)
Parties who file entry summaries in
ACE are allowed to submit specified
CBP and Partner Government Agency
E:\FR\FM\03FEN1.SGM
03FEN1
Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices
(PGA) documents via a CBP-approved
Electronic Data Interchange (EDI). A
current listing of those documents may
be found on the following Web site:
https://www.cbp.gov/xp/cgov/trade/
automated/modernization/ace_edi_
messages/catair_main/abi_catair/
catair_chapters/document_imaging_igs/
.
DIS provides for the storage of all
submitted documents in a secure
centralized location for the maintenance
of associations with ACE entry summary
transactions.
See 78 FR 44142 (July 23, 2013).
mstockstill on DSK4VPTVN1PROD with NOTICES
Test Participation Selection Criteria
The ACE Cargo Release test is open to
all importers and customs brokers filing
ACE Entry Summaries for cargo
transported in the ocean and rail modes.
Please note that participants must meet
the eligibility requirements mentioned
above and set forth in 76 FR 69755
(November 9, 2011).
CBP will endeavor to accept all new
eligible applicants on a first come, first
served basis; however, if the volume of
eligible applicants exceeds CBP’s
administrative capabilities, CBP will
reserve the right to select eligible
participants in order to achieve a
diverse pool in accordance with the
selection standards set forth in 76 FR
69755.
Any party seeking to participate in
this test must provide CBP, in their
request to participate, their filer code
and the port(s) at which they are
interested in filing ACE Cargo Release
transaction data. At this time, ACE
Cargo Release data may be submitted
only for entries filed at certain ports. A
current listing of those ports may be
found on the following Web site: https://
www.cbp.gov/linkhandler/cgov/trade/
automated/modernization/whats_new/
info_notice_trade.ctt/info_notice_
trade.pdf. CBP may expand to
additional ports in the future.
Any changes and/or additions to the
ports that are part of the ACE Cargo
Release test will be posted to this page.
See https://www.cbp.gov/xp/cgov/trade/
trade_transformation/simplified_entry/.
Filing Capabilities
The filing capabilities for the ACE
Cargo Release test set forth in 78 FR
66039 (November 4, 2013) continue to
apply and are now expanded to include
importers and customs brokers filing
ACE Entry Summaries for cargo
transported in the ocean and rail modes.
The expansion of ACE Cargo Release
filing capabilities for ocean and rail
modes of transportation will allow for
automated corrections and
cancellations, split shipments, partial
VerDate Mar<15>2010
20:46 Jan 31, 2014
Jkt 232001
shipments, entry on cargo which has
been moved by in-bond from the first
U.S. port of unlading, entry for a full
manifested bill quantity, and entries
requiring Partner Government Agency
(PGA) information, if the specified
entries are covered in the
Implementation Guidelines. See https://
www.cbp.gov/xp/cgov/trade/automated/
modernization/ace_edi_messages/
catair_main/abi_catair/deployment_b/.
These new capabilities include
functionality specific to the filing and
processing of type ‘‘01’’ (consumption)
and type ‘‘11’’ (informal) commercial
entries for ocean and rail modes of
transportation. The ACE Cargo Release
filing capabilities serve to assist the
importer in completion of entry as
required by the provisions of 19 U.S.C.
1484(a)(1)(B).
Data Elements To Be Filed
In lieu of filing CBP Form 3461 data,
the importer or broker acting on behalf
of the importer must file the following
12 data elements (known as the ACE
Cargo Release Data set) with CBP:
(1) Importer of Record Number.
(2) Buyer name and address.
(3) Buyer Employer Identification
Number (consignee number).
(4) Seller name and address.
(5) Manufacturer/supplier name and
address.
(6) HTS 10-digit number.
(7) Country of origin.
(8) Bill of lading/house air waybill
number.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
In the ocean and rail environment, the
entry filer, at his option, may also
provide the additional three (3) data
elements:
(13) Ship to party name and address
(optional).
(14) Consolidator name and address
(optional).
(15) Container stuffing location
(optional).
To enable enhanced functionality in
ACE Cargo Release, the entry filer may
provide an additional three (3) data
elements in certain situations:
(16) Port of Entry (if an in-bond
number is provided in the entry
submission, the planned port of entry
must also be provided).
(17) In-Bond (if applicable).
(18) Bill Quantity (if bill of lading
quantity is specified in the entry, it
becomes the entered and released
quantity for that bill. If the bill quantity
is not specified, full bill quantity will be
entered and released for that bill).
Data element (1) and data elements (6)
through (12) are defined in the same
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
6211
manner as when they are used for entry
filing on the CBP Form 3461. Data
elements (2) through (5) and (13)
through (15) are defined in accordance
with the provisions of 19 CFR 149.3.
The ACE Cargo Release Data set may
be filed at any time prior to arrival of
the cargo in the United States port of
arrival with the intent to unlade. This
data fulfills merchandise entry
requirements and allows for earlier
release decisions and more certainty for
the importer in determining the logistics
of cargo delivery.
Functionality
Upon receipt of the ACE Cargo
Release data, CBP will process the
submission and will subsequently
transmit its cargo release decision to the
filer. If a subsequent submission is
submitted to CBP, CBP’s decision
regarding the original submission is no
longer controlling.
The merchandise will then be
considered to be entered upon its arrival
in the port with the intent to unlade, as
provided by current 19 CFR 141.68(e).
Test Duration
This ACE Cargo Release test
modifications set forth in this document
are effective no earlier than January 5,
2014. The test will run until
approximately November 1, 2015, and is
open to type ‘‘01’’ (consumption) and
type ‘‘11’’ (informal) commercial entries
filed in the ocean and rail modes of
transportation at specified ports.
Expansion to other modes will be
announced via a separate Federal
Register notice.
IV. Misconduct under the Test
The terms for misconduct under the
ACE Cargo Release Test set forth in 78
FR 66039 (November 4, 2013) continue
to apply and are now expanded to
include importers and customs brokers
filing ACE Entry Summaries for cargo
transported in the ocean and rail modes.
V. Previous Notices
All requirements and aspects of the
ACE test discussed in previous notices
are hereby incorporated by reference
into this notice and continue to be
applicable, unless changed by this
notice.
VI. Paperwork Reduction Act
The collection of information
contained in this ACE Cargo Release test
have been approved by the Office of
Management and Budget (OMB) in
accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C.
3507) and assigned OMB number 1651–
0024.
E:\FR\FM\03FEN1.SGM
03FEN1
6212
Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by OMB.
VII. 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).
• Post-Entry Amendment (PEA)
Processing Test: 76 FR 37136 (June 24,
2011).
• ACE Announcement of a New Start
Date for the National Customs
Automation Program Test of Automated
Manifest Capabilities for Ocean and Rail
Carriers: 76 FR 42721 (July 19, 2011).
• ACE Simplified Entry: 76 FR 69755
(November 9, 2011).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Document Image System (DIS): 77
FR 20835 (April 6, 2012).
• National Customs Automation
Program (NCAP) Tests Concerning
Automated Commercial Environment
(ACE) Simplified Entry: Modification of
Participant Selection Criteria and
Application Process: 77 FR 48527
(August 14, 2012).
• Modification of NCAP Test
Regarding Reconciliation for Filing
Certain Post-Importation Preferential
Tariff Treatment Claims under Certain
FTAs: 78 FR 27984 (May 13, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
VerDate Mar<15>2010
20:46 Jan 31, 2014
Jkt 232001
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE): 78 FR 44142 (July
23, 2013).
• Modification of Two National
Customs Automation Program (NCAP)
Tests Concerning Automated
Commercial Environment (ACE)
Document Image System (DIS) and
Simplified Entry (SE); Correction: 78 FR
53466 (August 29, 2013).
• Modification of NCAP Test
Concerning Automated Commercial
Environment (ACE) Cargo Release
(formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
• Post-Summary Corrections to Entry
Summaries Filed in ACE Pursuant to the
ESAR IV Test: Modifications and
Clarifications: 78 FR 69434 (November
19, 2013).
• National Customs Automation
Program (NCAP) Test Concerning the
Submission of Certain Data Required by
the Environmental Protection Agency
and the Food Safety and Inspection
Service Using the Partner Government
Agency Message Set Through the
Automated Commercial Environment
(ACE): 78 FR 75931 (December 13,
2013).
Date: January 28, 2014.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of
International Trade.
[FR Doc. 2014–02218 Filed 1–31–14; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FW–HQ–FHC–2014–N019;
FXFR133409NFHP0–134–FF09F1000]
Proposed Information Collection;
National Fish Habitat Action Plan
Project Funding Process
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service, Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. We
may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.
SUMMARY:
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
To ensure that we are able to
consider your comments on this IC, we
must receive them by April 4, 2014.
ADDRESSES: Send your comments on the
IC to the Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS 2042–PDM, 4401
North Fairfax Drive, Arlington, VA
22203 (mail); or hope_grey@fws.gov
(email). Please include ‘‘1018–NFHAP’’
in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Hope Grey at
hope_grey@fws.gov (email) or 703–358–
2482 (telephone).
SUPPLEMENTARY INFORMATION:
DATES:
I. Abstract
We receive annual appropriations to
implement the National Fish Habitat
Action Plan. We use these funds to:
• Support our participation in the
National Fish Habitat Board and
activities of the Board.
• Support Action Plan coordination
and leadership at the Regional level.
• Implement habitat-based costshared projects.
Funds used to implement habitatbased cost-shared projects (project
funds) are subject to reallocation each
year. The Director allocates the available
project funding among Fish Habitat
Partnerships (FHPs) consistent with the
goals and strategies of the National Fish
Habitat Board. In FY 2014, we will
implement a competitive, performancebased process to allocate project funds.
We will distribute project funds among
FHPs in two categories: (1) Stable
operational support and (2) competitive,
performance-based funds to encourage
strategic conservation delivery. To
determine which projects receive
funding, we will collect the following
information:
Justification for Stable Operational
Support ($75,000 per year). To be
eligible to receive stable operational
support, FHPs must submit a
justification that provides an overview
of all projects and activities over the
previous 3 years and anticipated
projects and activities over the next 3
years. The justification should concisely
describe these projects and activities as
well as how these projects and activities
(both individually and collectively)
have contributed, or are expected to
contribute, to achieving FHP goals and
leverage partner resources and
capabilities.
Accomplishments Report and Work
Plan. To compete for performance-based
funds, FHPs must submit:
• Accomplishments Report that
provides a detailed description of all
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6210-6212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02218]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Modification of National Customs Automation Program (NCAP) Test
Concerning Automated Commercial Environment (ACE) Cargo Release for
Ocean and Rail Carriers
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces U.S. Customs and Border Protection's
(CBP's) plan to modify the National Customs Automation Program (NCAP)
test concerning Cargo Release functionality in the Automated Commercial
Environment (ACE). Originally, the test was known as the Simplified
Entry Test because the test simplified the entry process by reducing
the number of data elements required to obtain release for cargo
transported by air. The test continues to be modified to provide more
capabilities to test participants allowing CBP to deliver enhanced
functionality. This notice modifies the ACE Cargo Release test to
include expansion to the ocean and rail modes of transportation. This
notice invites more participants to join the test.
DATES: The ACE Cargo Release test modifications set forth in this
document are effective no earlier than January 5, 2014. The test will
run until approximately November 1, 2015.
ADDRESSES: Comments or questions concerning this notice and indication
of interest in participation in ACE Cargo Release should be submitted,
via email, to Susan Maskell at susan.c.maskell@cbp.dhs.gov. In the
subject line of your email, please use, ``Comment on ACE Cargo
Release''. The body of the email should include information regarding
the identity of the ports where filings are likely to occur.
FOR FURTHER INFORMATION CONTACT: For policy related questions, contact
Stephen Hilsen, Director, Business Transformation, ACE Business Office,
Office of International Trade, at stephen.r.hilsen@cbp.dhs.gov. For
technical questions, contact Susan Maskell, Client Representative
Branch, ACE Business Office, Office of International Trade, at
susan.c.maskell@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
I. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established in
Subtitle B of Title VI--Customs Modernization, in the North American
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat.
2057, 2170, December 8, 1993) (Customs Modernization Act). See 19
U.S.C. 1411. Through NCAP, the initial thrust of customs modernization
was on trade compliance and the development of the Automated Commercial
Environment (ACE), the planned successor to the Automated Commercial
System (ACS). ACE is an automated and electronic system for commercial
trade processing which is intended to streamline business processes,
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while ensuring compliance with U.S.
laws and regulations and reducing costs for U.S. Customs and Border
Protection (CBP) and all of its communities of interest. The ability to
meet these objectives depends on successfully modernizing CBP's
business functions and the information technology that supports those
functions.
CBP's modernization efforts are accomplished through phased
releases of ACE component functionality designed to replace a specific
legacy ACS function. Each release will begin with a test and, if the
test is successful, will end with implementation of the functionality
through the promulgation of regulations governing the new ACE feature
and the retirement of the legacy ACS function.
The ACE Cargo Release test was previously known as the Simplified
Entry Test because the test simplified the entry process by reducing
the number of data elements required to obtain release for cargo
transported by air. Through phased releases of ACE component
functionality this test has been expanded to allow all eligible
participants to join the test for an indefinite period regardless of
the Customs-Trade Partnership Against Terrorism (C-TPAT) status of an
importer self-filer or a customs broker.
For the convenience of the public, a chronological listing of
Federal Register publications detailing ACE test developments is set
forth below in Section VII, entitled, ``Development of ACE
Prototypes''. The procedures and criteria applicable 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. Authorization for the Test
The Customs Modernization Act provides the Commissioner of CBP with
authority to conduct limited test programs or procedures designed to
evaluate planned components of the NCAP. The test described in this
notice is authorized pursuant to Sec. 101.9(b) of title 19 of the Code
of Federal Regulations (19 CFR 101.9(b)), which provides for the
testing of NCAP programs or procedures. See Treasury Decision (T.D.)
95-21.
III. Expansion of ACE Cargo Release Test to Ocean and Rail Modes of
Transportation
This document is announcing CBP's plan to expand the ACE Cargo
Release test which allows for the filing capabilities by importers and
customs brokers for cargo transported by air to include filing
capabilities by importers and customs brokers for cargo transported by
ocean and rail.
Eligibility Requirements
To be eligible to apply for this test, the applicant must: (1) Be a
self-filing importer who has the ability to file ACE Entry Summaries
certified for cargo release or a broker who has the ability to file ACE
Entry Summaries certified for cargo release; or (2) have evinced the
intent to file entry summaries in ACE.
Parties seeking to participate in this test must use a software
package that has completed Automated Broker Interface (ABI)
certification testing for ACE and offers the simplified entry message
set prior to transmitting data under the test. See the General Notice
of August 26, 2008 (73 FR 50337) for a complete discussion on
procedures for obtaining an ACE Portal Account. Importers not self-
filing must be sure their broker has the capability to file entry
summaries in ACE.
Document Image System (DIS)
Parties who file entry summaries in ACE are allowed to submit
specified CBP and Partner Government Agency
[[Page 6211]]
(PGA) documents via a CBP-approved Electronic Data Interchange (EDI). A
current listing of those documents may be found on the following Web
site: https://www.cbp.gov/xp/cgov/trade/automated/modernization/ace_edi_messages/catair_main/abi_catair/catair_chapters/document_imaging_igs/.
DIS provides for the storage of all submitted documents in a secure
centralized location for the maintenance of associations with ACE entry
summary transactions.
See 78 FR 44142 (July 23, 2013).
Test Participation Selection Criteria
The ACE Cargo Release test is open to all importers and customs
brokers filing ACE Entry Summaries for cargo transported in the ocean
and rail modes. Please note that participants must meet the eligibility
requirements mentioned above and set forth in 76 FR 69755 (November 9,
2011).
CBP will endeavor to accept all new eligible applicants on a first
come, first served basis; however, if the volume of eligible applicants
exceeds CBP's administrative capabilities, CBP will reserve the right
to select eligible participants in order to achieve a diverse pool in
accordance with the selection standards set forth in 76 FR 69755.
Any party seeking to participate in this test must provide CBP, in
their request to participate, their filer code and the port(s) at which
they are interested in filing ACE Cargo Release transaction data. At
this time, ACE Cargo Release data may be submitted only for entries
filed at certain ports. A current listing of those ports may be found
on the following Web site: https://www.cbp.gov/linkhandler/cgov/trade/automated/modernization/whats_new/info_notice_trade.ctt/info_notice_trade.pdf. CBP may expand to additional ports in the future.
Any changes and/or additions to the ports that are part of the ACE
Cargo Release test will be posted to this page. See https://www.cbp.gov/xp/cgov/trade/trade_transformation/simplified_entry/.
Filing Capabilities
The filing capabilities for the ACE Cargo Release test set forth in
78 FR 66039 (November 4, 2013) continue to apply and are now expanded
to include importers and customs brokers filing ACE Entry Summaries for
cargo transported in the ocean and rail modes. The expansion of ACE
Cargo Release filing capabilities for ocean and rail modes of
transportation will allow for automated corrections and cancellations,
split shipments, partial shipments, entry on cargo which has been moved
by in-bond from the first U.S. port of unlading, entry for a full
manifested bill quantity, and entries requiring Partner Government
Agency (PGA) information, if the specified entries are covered in the
Implementation Guidelines. See https://www.cbp.gov/xp/cgov/trade/automated/modernization/ace_edi_messages/catair_main/abi_catair/deployment_b/. These new capabilities include functionality specific
to the filing and processing of type ``01'' (consumption) and type
``11'' (informal) commercial entries for ocean and rail modes of
transportation. The ACE Cargo Release filing capabilities serve to
assist the importer in completion of entry as required by the
provisions of 19 U.S.C. 1484(a)(1)(B).
Data Elements To Be Filed
In lieu of filing CBP Form 3461 data, the importer or broker acting
on behalf of the importer must file the following 12 data elements
(known as the ACE Cargo Release Data set) with CBP:
(1) Importer of Record Number.
(2) Buyer name and address.
(3) Buyer Employer Identification Number (consignee number).
(4) Seller name and address.
(5) Manufacturer/supplier name and address.
(6) HTS 10-digit number.
(7) Country of origin.
(8) Bill of lading/house air waybill number.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
In the ocean and rail environment, the entry filer, at his option,
may also provide the additional three (3) data elements:
(13) Ship to party name and address (optional).
(14) Consolidator name and address (optional).
(15) Container stuffing location (optional).
To enable enhanced functionality in ACE Cargo Release, the entry
filer may provide an additional three (3) data elements in certain
situations:
(16) Port of Entry (if an in-bond number is provided in the entry
submission, the planned port of entry must also be provided).
(17) In-Bond (if applicable).
(18) Bill Quantity (if bill of lading quantity is specified in the
entry, it becomes the entered and released quantity for that bill. If
the bill quantity is not specified, full bill quantity will be entered
and released for that bill).
Data element (1) and data elements (6) through (12) are defined in
the same manner as when they are used for entry filing on the CBP Form
3461. Data elements (2) through (5) and (13) through (15) are defined
in accordance with the provisions of 19 CFR 149.3.
The ACE Cargo Release Data set may be filed at any time prior to
arrival of the cargo in the United States port of arrival with the
intent to unlade. This data fulfills merchandise entry requirements and
allows for earlier release decisions and more certainty for the
importer in determining the logistics of cargo delivery.
Functionality
Upon receipt of the ACE Cargo Release data, CBP will process the
submission and will subsequently transmit its cargo release decision to
the filer. If a subsequent submission is submitted to CBP, CBP's
decision regarding the original submission is no longer controlling.
The merchandise will then be considered to be entered upon its
arrival in the port with the intent to unlade, as provided by current
19 CFR 141.68(e).
Test Duration
This ACE Cargo Release test modifications set forth in this
document are effective no earlier than January 5, 2014. The test will
run until approximately November 1, 2015, and is open to type ``01''
(consumption) and type ``11'' (informal) commercial entries filed in
the ocean and rail modes of transportation at specified ports.
Expansion to other modes will be announced via a separate Federal
Register notice.
IV. Misconduct under the Test
The terms for misconduct under the ACE Cargo Release Test set forth
in 78 FR 66039 (November 4, 2013) continue to apply and are now
expanded to include importers and customs brokers filing ACE Entry
Summaries for cargo transported in the ocean and rail modes.
V. Previous Notices
All requirements and aspects of the ACE test discussed in previous
notices are hereby incorporated by reference into this notice and
continue to be applicable, unless changed by this notice.
VI. Paperwork Reduction Act
The collection of information contained in this ACE Cargo Release
test have been approved by the Office of Management and Budget (OMB) in
accordance with the requirements of the Paperwork Reduction Act (44
U.S.C. 3507) and assigned OMB number 1651-0024.
[[Page 6212]]
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by OMB.
VII. 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).
Post-Entry Amendment (PEA) Processing Test: 76 FR 37136
(June 24, 2011).
ACE Announcement of a New Start Date for the National
Customs Automation Program Test of Automated Manifest Capabilities for
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Document Image System
(DIS): 77 FR 20835 (April 6, 2012).
National Customs Automation Program (NCAP) Tests
Concerning Automated Commercial Environment (ACE) Simplified Entry:
Modification of Participant Selection Criteria and Application Process:
77 FR 48527 (August 14, 2012).
Modification of NCAP Test Regarding Reconciliation for
Filing Certain Post-Importation Preferential Tariff Treatment Claims
under Certain FTAs: 78 FR 27984 (May 13, 2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23,
2013).
Modification of Two National Customs Automation Program
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466
(August 29, 2013).
Modification of NCAP Test Concerning Automated Commercial
Environment (ACE) Cargo Release (formerly known as Simplified Entry):
78 FR 66039 (November 4, 2013).
Post-Summary Corrections to Entry Summaries Filed in ACE
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR
69434 (November 19, 2013).
National Customs Automation Program (NCAP) Test Concerning
the Submission of Certain Data Required by the Environmental Protection
Agency and the Food Safety and Inspection Service Using the Partner
Government Agency Message Set Through the Automated Commercial
Environment (ACE): 78 FR 75931 (December 13, 2013).
Date: January 28, 2014.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2014-02218 Filed 1-31-14; 8:45 am]
BILLING CODE 9111-14-P
