Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release To Allow Importers and Brokers To Certify From ACE Entry Summary, 24744-24746 [2014-10007]
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
all surface transportation modes to
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respond to, and recover from
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failure to collect this information will
limit TSA’s ability to effectively test
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incident. Insufficient awareness,
prevention, response, and recovery to a
transportation security incident will
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reduced ability of DHS to assess system
readiness.
Based on industry population
estimates and growth rates, and interest
generated amongst the surface
transportation modes during the first
three years following EXIS’ release to
the public, TSA estimates that there will
be approximately 12,998 users for the
next three years (4,034 users in Year 1,
4,278 users in Year 2, and 4,686 users
in Year 3.) This was calculated by first
estimating the future EXIS population
using the current number of users (364)
and its rate of growth per year (67
percent), in addition to the number of
annual users added through outreach
events (3,670). To determine the
exercise response rate, the average
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was calculated based on the number of
exercises built per user (roughly one in
three users conducted an exercise). TSA
calculated that 35 percent of users
conduct one exercise per year. Thus, the
estimated average number of exercises
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users *.35)/3 years)). TSA estimates
users will spend approximately 4 hours
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* 4 hours). There are no fees to use
EXIS. The total annual cost burden to
respondents is $0.00.
Dated: April 25, 2014.
Christina Walsh,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. 2014–09992 Filed 4–30–14; 8:45 am]
BILLING CODE 9110–05–P
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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 To
Allow Importers and Brokers To Certify
From ACE Entry Summary
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) by
allowing importers and customs brokers
to now certify from ACE Entry Summary
cargo transported by air, ocean or rail
during the Ace Cargo Release test.
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 was subsequently modified
to provide more capabilities to test
participants, allowing CBP to deliver
enhanced functionality and to include
expansion to the ocean, rail and truck
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 April 6,
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 Certify from Summary’’.
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:
SUMMARY:
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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. The original test notice required
participants to be a member of the
Customs-Trade Partnership Against
Terrorism (C-TPAT) program. 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 CTPAT 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 VIII, entitled, ‘‘Development of
ACE Prototypes.’’ The procedures and
criteria applicable to participation in the
prior ACE tests remain in effect unless
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Notices
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. 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 stated its
intent to file entry summaries in ACE in
its request to participate in the test.
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.
tkelley on DSK3SPTVN1PROD with NOTICES
IV. 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 air, ocean and rail
modes. The ability to certify from ACE
Entry Summary will not apply to the
truck mode of transportation at this
time. Please note that participants must
meet the eligibility requirements
mentioned above and set forth in 79 FR
6210 (February 3, 2014), 76 FR 69755
(November 9, 2011), 74 FR 9826 (March
6, 2009), 74 FR 69129 (December 30,
2009), 73 FR 50337 (August 26, 2008)
and 72 FR 59105 (October 18, 2007).
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 (November 9, 2011).
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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:
www.cbp.gov/document/guidance/acecargo-release-pilot-ports. 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 Web
site.
Filing Capabilities
The filing capabilities for the ACE
Cargo Release test set forth in 78 FR
66039 (November 4, 2013) and 79 FR
6210 (February 3, 2014) continue to
apply and are now expanded to allow
filers to certify ACE Cargo Release data
elements through the transmission of
the ACE Entry Summary. See 73 FR
50337 (August 26, 2008) and 74 FR 9826
(March 6, 2009). To certify from ACE
Entry Summary, importers and customs
brokers need to file the following: (1)
ACE Cargo Release data elements; (2)
ACE Entry Summary data; and (3) the
three additional data elements
announced in this notice. This test does
not include split shipments, partial
shipments, entry on cargo which has
been moved in-bond from the first U.S.
port of unlading, and entries requiring
Partner Government Agency (PGA)
information.
These new capabilities include
functionality specific to the filing and
processing of type ‘‘01’’ (consumption)
and type ‘‘11’’ (informal) commercial
entries for air, 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
The ACE Cargo Release data set, as a
stand-alone transaction or certified from
an ACE Entry Summary transaction,
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 set fulfills merchandise entry
requirements and allows for earlier
release decisions and more certainty for
the importer in determining the logistics
of cargo delivery. The ACE Cargo
Release data set includes data elements
required in the original Cargo Release
pilot for basic air shipments as well as
data elements subsequently added to
accommodate more complex shipments
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24745
and other modes of transportation. The
ACE Cargo Release data elements are:
(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.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
(13) Bill Quantity (The quantity of
shipping units shown in the bill of
lading. 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) are
defined in accordance with the
provisions of 19 CFR 149.3.
In addition to the data elements
currently filed on the ACE Entry
Summary, the importer or broker acting
on behalf of the importer must also file
additional data elements if they wish to
certify from ACE Entry Summary. These
additional data elements are required
for the ACE Cargo Release data set. This
notice introduces three additional data
elements not otherwise required for the
ACE Entry Summary transmission.
These new data elements are defined in
accordance with the provisions of 19
CFR 149.3. They are as follows:
(1) Seller Name and Address.
(2) Buyer Name and Address.
(3) Manufacturer/Supplier Name and
Address.
By filing the ACE Cargo Release Data
elements, the ACE Entry Summary data,
and the three additional data elements
announced in this notice, importers and
customs brokers will be eligible to
participate in the Test.
Functionality
Upon receipt of the ACE Cargo
Release data, the ACE Entry Summary
data, and the three additional data
elements, CBP will process the
submission and will subsequently
transmit its cargo release decision to the
filer. 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)
and certified from summary. If payment
for entry is required, it will continue to
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Notices
be processed through ACS. A filer may
electronically submit a correction or a
request for cancellation of the entry at
any time prior to the cargo arriving and
being released. If a submission is
transmitted to CBP requesting correction
or cancellation, CBP’s decision
regarding the original submission is no
longer controlling.
Test Duration
The ACE Cargo Release test
modifications set forth in this document
are effective no earlier than April 6,
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 air, ocean, and rail modes of
transportation at specified ports.
Expansion to other modes will be
announced via a separate Federal
Register notice.
V. 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.
VI. 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.
VII. 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.
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.
tkelley on DSK3SPTVN1PROD with NOTICES
VIII. 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).
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• 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).
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• 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).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for
Ocean and Rail Carriers: 79 FR 6210
(February 3, 2014).
Dated: April 4, 2014.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of
International Trade.
[FR Doc. 2014–10007 Filed 4–30–14; 8:45 am]
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Low-Effect Habitat Conservation Plan;
Scotts Valley Multi-Agency Regional
Intertie Project, Santa Cruz County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from James Mueller, District
Manager of the San Lorenzo Valley
Water District, for a 5-year incidental
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The application addresses the potential
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band-winged grasshopper, and the
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incidental to the construction and
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DATES: To ensure consideration, please
send your written comments by June 2,
2014.
ADDRESSES: You may download a copy
of the habitat conservation plan, draft
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24744-24746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10007]
-----------------------------------------------------------------------
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 To
Allow Importers and Brokers To Certify From ACE Entry Summary
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) by allowing importers and customs brokers to now
certify from ACE Entry Summary cargo transported by air, ocean or rail
during the Ace Cargo Release test. 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 was subsequently modified to provide
more capabilities to test participants, allowing CBP to deliver
enhanced functionality and to include expansion to the ocean, rail and
truck 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 April 6, 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
Certify from Summary''. 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. The original test notice required participants to
be a member of the Customs-Trade Partnership Against Terrorism (C-TPAT)
program. 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 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 VIII, entitled, ``Development of ACE
Prototypes.'' The procedures and criteria applicable to participation
in the prior ACE tests remain in effect unless
[[Page 24745]]
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. 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 stated its
intent to file entry summaries in ACE in its request to participate in
the test.
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.
IV. 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 air,
ocean and rail modes. The ability to certify from ACE Entry Summary
will not apply to the truck mode of transportation at this time. Please
note that participants must meet the eligibility requirements mentioned
above and set forth in 79 FR 6210 (February 3, 2014), 76 FR 69755
(November 9, 2011), 74 FR 9826 (March 6, 2009), 74 FR 69129 (December
30, 2009), 73 FR 50337 (August 26, 2008) and 72 FR 59105 (October 18,
2007).
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
(November 9, 2011).
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: www.cbp.gov/document/guidance/ace-cargo-release-pilot-ports. 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 Web site.
Filing Capabilities
The filing capabilities for the ACE Cargo Release test set forth in
78 FR 66039 (November 4, 2013) and 79 FR 6210 (February 3, 2014)
continue to apply and are now expanded to allow filers to certify ACE
Cargo Release data elements through the transmission of the ACE Entry
Summary. See 73 FR 50337 (August 26, 2008) and 74 FR 9826 (March 6,
2009). To certify from ACE Entry Summary, importers and customs brokers
need to file the following: (1) ACE Cargo Release data elements; (2)
ACE Entry Summary data; and (3) the three additional data elements
announced in this notice. This test does not include split shipments,
partial shipments, entry on cargo which has been moved in-bond from the
first U.S. port of unlading, and entries requiring Partner Government
Agency (PGA) information.
These new capabilities include functionality specific to the filing
and processing of type ``01'' (consumption) and type ``11'' (informal)
commercial entries for air, 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
The ACE Cargo Release data set, as a stand-alone transaction or
certified from an ACE Entry Summary transaction, 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 set fulfills merchandise entry
requirements and allows for earlier release decisions and more
certainty for the importer in determining the logistics of cargo
delivery. The ACE Cargo Release data set includes data elements
required in the original Cargo Release pilot for basic air shipments as
well as data elements subsequently added to accommodate more complex
shipments and other modes of transportation. The ACE Cargo Release data
elements are:
(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.
(9) Bill of lading issuer code.
(10) Entry number.
(11) Entry type.
(12) Estimated shipment value.
(13) Bill Quantity (The quantity of shipping units shown in the
bill of lading. 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) are defined in accordance
with the provisions of 19 CFR 149.3.
In addition to the data elements currently filed on the ACE Entry
Summary, the importer or broker acting on behalf of the importer must
also file additional data elements if they wish to certify from ACE
Entry Summary. These additional data elements are required for the ACE
Cargo Release data set. This notice introduces three additional data
elements not otherwise required for the ACE Entry Summary transmission.
These new data elements are defined in accordance with the provisions
of 19 CFR 149.3. They are as follows:
(1) Seller Name and Address.
(2) Buyer Name and Address.
(3) Manufacturer/Supplier Name and Address.
By filing the ACE Cargo Release Data elements, the ACE Entry
Summary data, and the three additional data elements announced in this
notice, importers and customs brokers will be eligible to participate
in the Test.
Functionality
Upon receipt of the ACE Cargo Release data, the ACE Entry Summary
data, and the three additional data elements, CBP will process the
submission and will subsequently transmit its cargo release decision to
the filer. 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) and certified from summary. If payment for
entry is required, it will continue to
[[Page 24746]]
be processed through ACS. A filer may electronically submit a
correction or a request for cancellation of the entry at any time prior
to the cargo arriving and being released. If a submission is
transmitted to CBP requesting correction or cancellation, CBP's
decision regarding the original submission is no longer controlling.
Test Duration
The ACE Cargo Release test modifications set forth in this document
are effective no earlier than April 6, 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 air, ocean, and rail modes of transportation at specified ports.
Expansion to other modes will be announced via a separate Federal
Register notice.
V. 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.
VI. 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.
VII. 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.
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.
VIII. 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).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Cargo Release
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
Dated: April 4, 2014.
Richard F. DiNucci,
Acting Assistant Commissioner, Office of International Trade.
[FR Doc. 2014-10007 Filed 4-30-14; 8:45 am]
BILLING CODE 9111-14-P
