Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release for Type 03 Entries and for Truck Carriers, 16414-16416 [2015-07122]
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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
determined, and the Secretary certifies,
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[FR Doc. 2015–07108 Filed 3–26–15; 8:45 am]
BILLING CODE 4120–01–P
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
Type 03 Entries and for Truck 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 Automated Commercial
Environment (ACE) cargo release to
allow importers and customs brokers to
file type 03 entries for all modes of
transportation and to file, for cargo
transported in the truck mode, entries
for split shipments or partial shipments
and entry on cargo which has been
moved in-bond from the first U.S. port
of unlading.
DATES: The ACE Cargo Release Test
modifications became effective on
March 1, 2015. The ACE Cargo Release
Test will continue until CBP publishes
in the Federal Register an
announcement of its conclusion.
ADDRESSES: Comments or questions
concerning this notice and indication of
interest in participation in ACE Cargo
Release Test should be submitted, via
email, to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov. In the
subject line of your email, please use,
‘‘Comment on ACE Cargo Release 03
Entries and Truck Mode.’’ The body of
the email should identify the ports
where filings are likely to occur.
FOR FURTHER INFORMATION CONTACT: For
policy questions related to ACE, contact
Josephine Baiamonte, Acting Director,
Business Transformation, ACE Business
Office, Office of International Trade, at
josephine.baiamonte@dhs.gov. For
policy questions related to ISF, contact
Craig Clark, Program Manager, Cargo
and Conveyance Security, Office of
Field Operations, at craig.clark@
cbp.dhs.gov. For technical questions,
contact Steven Zaccaro, Client
Representative Branch, ACE Business
Office, Office of International Trade, at
steven.j.zaccaro@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
I. The National Customs Automation
Program
This test notice, and the Customs
related electronic functions it describes,
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are part of the National Customs
Automation Program (NCAP). 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
focus of customs modernization was on
trade compliance and the development
of the Automated Commercial
Environment (ACE), the planned
successor to the legacy Customs
Automated Commercial System (ACS).
ACE is an automated and electronic
system for commercial trade processing.
ACE will 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 CBP
and all its communities of interest. The
ability to meet these objectives depends
upon 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 introduce a
new capability or to replace a specific
legacy ACS function. Each release will
begin with a test, and will end with
mandatory compliance with the new
ACE feature, thus retiring the legacy
ACS function. Each release builds on
previous releases, and sets the
foundation for subsequent releases.
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. CBP also expanded
the ACE Cargo release test to allow ACEparticipating brokers and importers to
file for release of cargo transported by
air, ocean, or rail. See 79 FR 6210
(February 3, 2014). For these three
modes of transportation, CBP limited
the ACE Cargo Release test to formal
consumption entries, which ACS
termed Type 01 entries; and to informal
entries, which ACS termed Type 11
entries. See 79 FR 6210.
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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
On May 2, 2014, CBP published a
Federal Register notice to announce its
expansion of the ACE Cargo Release test
to allow ACE-participating brokers and
importers to file for release of cargo
transported by truck, but only for Type
01 and Type 11 entries. 79 FR 25142
(May 2, 2014). In that phase of the ACE
Cargo Release test, however, for cargo
transported by truck, CBP excluded split
shipments, partial shipments, entry on
cargo that has been moved in-bond from
the first U.S. port of unlading, and
entries requiring PGA information.
For the convenience of the public, all
Federal Register publications detailing
ACE test developments in Entry,
Summary, Accounts, and Revenue
(ESAR) are listed chronologically at the
end of this notice, in Section VI.
‘‘Development of ACE Prototypes.’’
CBP’s ACE eligibility criteria, technical
specifications, recordkeeping
requirements, and rules, as specified in
prior NCAP test notices for ACE, remain
in effect unless CBP publishes a notice,
such as this one, that explicitly
announces a change.
II. Authorization for the Test
The Customs Modernization
provisions in the North American Free
Trade Agreement Implementation Act
provide the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. This test is authorized pursuant
to § 101.9(b) of the CBP Regulations (19
CFR 101.9(b)) which provides for the
testing of NCAP programs or
procedures. See Treasury Decision
(T.D.) 95–21.
mstockstill on DSK4VPTVN1PROD with NOTICES
III. Modification of ACE Cargo Release
Test To Include Type 03 Entries, and To
Expand Cargo Release Filing
Capabilities for Cargo Conveyed by
Truck
This notice announces that, as an
addition to Type 01 and Type 11
entries, CBP is now allowing brokers
and importers, who are also ACE
participants, to file, for air, ocean, rail,
and truck modes of transportation, a
simplified entry for release of cargo
subject to an antidumping or
countervailing duty proceeding, which
ACS termed Type 03 entries.
This notice also announces that CBP
is now allowing ACE-participating
brokers and importers to file for release
of cargo transported by truck that are
split shipments, partial shipments, entry
on cargo that has been moved in-bond
from the first U.S. port of unlading.
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20:59 Mar 26, 2015
Jkt 235001
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 ACE Cargo Release
(SE) 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 PGA documents via a CBPapproved Electronic Data Interchange
(EDI). In a notice published in the
Federal Register (79 FR 36083) on June
25, 2014, CBP set forth the rules for
filing submissions via DIS and a list of
CBP and PGA forms that may be
submitted via DIS. For technical
information about how ACE participants
may build an interface to connect with
CBP DIS, see https://www.cbp.gov/sites/
default/files/documents/dis_
implementation_guide_3.pdf.
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, rail, and truck
modes. 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 importer
and exporter participants based upon
entry filing volume, diversity of clients
or of industries represented, while
giving consideration to the order in
which CBP received the requests to
participate.
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/document/
PO 00000
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16415
guidance/ace-cargo-release-pilot-ports.
CBP may expand to additional ports in
the future.
Filing Capabilities
The filing capabilities for the ACE
Cargo Release test set forth in a Federal
Register notice (79 FR 25142) continue
to apply and are now expanded to
include ACE-participating importers
and customs brokers filing for cargo
transported in the truck mode, to 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, and entry for a
full manifested bill quantity. These new
capabilities include functionality
specific to the filing and processing of
Type 01, Type 03, and Type 11 for cargo
conveyed by air, ocean, rail, or truck
mode 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.
For cargo transported by ocean or by
rail, the filer has the option, but is not
required, to provide the following 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 ACEparticipating importer or broker may
provide an additional three (3) data
elements if applicable, for cargo
transported by air, ocean, rail, or truck:
(16) Port of Entry (if an in-bond
number is provided in the entry
submission, the planned port of entry
must also be provided).
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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
(17) In-Bond number (if an in-bond
shipment).
(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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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).
V. Misconduct Under the Test
An ACE test participant may be
subject to civil and criminal penalties,
administrative sanctions, liquidated
damages, and/or suspension from this
test for any of the following:
Failure to follow the terms and
conditions of this test.
Failure to exercise reasonable care in
the execution of participant obligations.
Failure to abide by applicable laws
and regulations.
Suspensions for misconduct will be
administered by the Executive Director,
Trade Policy and Programs, Office of
International Trade, CBP Headquarters.
A written notice proposing suspension
will be issued to the participant that
apprises the participant of the facts or
conduct warranting suspension and
informs the participant of the date the
suspension will begin. Any decision
proposing suspension of a participant
may be appealed in writing to the
Assistant Commissioner, Office of
International Trade within 15 calendar
days of the notification date. An appeal
of a decision of proposed suspension
must address the facts or conduct
charges contained in the notice and
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20:59 Mar 26, 2015
Jkt 235001
state how compliance will be achieved.
In cases of non-payment, late payment,
willful misconduct or where public
health interests or safety is concerned,
a suspension may be effective
immediately.
VI. Development of ACE Prototypes
A chronological listing of Federal
Register publications, which describe
ACE test developments, is provided,
below.
ACE Portal Accounts and Subsequent
Revision Notices: 67 FR 21800 (May 1, 2002);
69 FR 5360 and 69 FR 5362 (February 4,
2004); 69 FR 54302 (September 8, 2004); 70
FR 5199 (February 1, 2005). 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 PostImportation 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
PO 00000
Frm 00058
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(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).
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: 79 FR 24744 (May 1, 2014).
Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Cargo Release for Truck
Carriers: 79 FR 25142 (May 2, 2014).
Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment Document Image System: 79 FR
36083 (June 25, 2014).
eBond Test: 79 FR 70881 (November 28,
2014); 80 FR 899 (January 7, 2015).
Dated: March 24, 2015.
Brenda B. Smith,
Assistant Commissioner, Office of
International Trade.
[FR Doc. 2015–07122 Filed 3–26–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0009]
Agency Information Collection
Activities: Customs Declaration
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 60-Day Notice and request for
comments; Extension of an existing
collection of information.
AGENCY:
U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
SUMMARY:
E:\FR\FM\27MRN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16414-16416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07122]
=======================================================================
-----------------------------------------------------------------------
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
Type 03 Entries and for Truck 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 Automated Commercial Environment (ACE) cargo release to
allow importers and customs brokers to file type 03 entries for all
modes of transportation and to file, for cargo transported in the truck
mode, entries for split shipments or partial shipments and entry on
cargo which has been moved in-bond from the first U.S. port of
unlading.
DATES: The ACE Cargo Release Test modifications became effective on
March 1, 2015. The ACE Cargo Release Test will continue until CBP
publishes in the Federal Register an announcement of its conclusion.
ADDRESSES: Comments or questions concerning this notice and indication
of interest in participation in ACE Cargo Release Test should be
submitted, via email, to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov. In the subject line of your email, please
use, ``Comment on ACE Cargo Release 03 Entries and Truck Mode.'' The
body of the email should identify the ports where filings are likely to
occur.
FOR FURTHER INFORMATION CONTACT: For policy questions related to ACE,
contact Josephine Baiamonte, Acting Director, Business Transformation,
ACE Business Office, Office of International Trade, at
josephine.baiamonte@dhs.gov. For policy questions related to ISF,
contact Craig Clark, Program Manager, Cargo and Conveyance Security,
Office of Field Operations, at craig.clark@cbp.dhs.gov. For technical
questions, contact Steven Zaccaro, Client Representative Branch, ACE
Business Office, Office of International Trade, at
steven.j.zaccaro@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
I. The National Customs Automation Program
This test notice, and the Customs related electronic functions it
describes, are part of the National Customs Automation Program (NCAP).
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 focus of customs
modernization was on trade compliance and the development of the
Automated Commercial Environment (ACE), the planned successor to the
legacy Customs Automated Commercial System (ACS). ACE is an automated
and electronic system for commercial trade processing. ACE will
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 CBP
and all its communities of interest. The ability to meet these
objectives depends upon 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 introduce a new capability or
to replace a specific legacy ACS function. Each release will begin with
a test, and will end with mandatory compliance with the new ACE
feature, thus retiring the legacy ACS function. Each release builds on
previous releases, and sets the foundation for subsequent releases.
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. CBP also expanded the ACE
Cargo release test to allow ACE-participating brokers and importers to
file for release of cargo transported by air, ocean, or rail. See 79 FR
6210 (February 3, 2014). For these three modes of transportation, CBP
limited the ACE Cargo Release test to formal consumption entries, which
ACS termed Type 01 entries; and to informal entries, which ACS termed
Type 11 entries. See 79 FR 6210.
[[Page 16415]]
On May 2, 2014, CBP published a Federal Register notice to announce
its expansion of the ACE Cargo Release test to allow ACE-participating
brokers and importers to file for release of cargo transported by
truck, but only for Type 01 and Type 11 entries. 79 FR 25142 (May 2,
2014). In that phase of the ACE Cargo Release test, however, for cargo
transported by truck, CBP excluded split shipments, partial shipments,
entry on cargo that has been moved in-bond from the first U.S. port of
unlading, and entries requiring PGA information.
For the convenience of the public, all Federal Register
publications detailing ACE test developments in Entry, Summary,
Accounts, and Revenue (ESAR) are listed chronologically at the end of
this notice, in Section VI. ``Development of ACE Prototypes.'' CBP's
ACE eligibility criteria, technical specifications, recordkeeping
requirements, and rules, as specified in prior NCAP test notices for
ACE, remain in effect unless CBP publishes a notice, such as this one,
that explicitly announces a change.
II. Authorization for the Test
The Customs Modernization provisions in the North American Free
Trade Agreement Implementation Act provide the Commissioner of CBP with
authority to conduct limited test programs or procedures designed to
evaluate planned components of the NCAP. This test is authorized
pursuant to Sec. 101.9(b) of the CBP Regulations (19 CFR 101.9(b))
which provides for the testing of NCAP programs or procedures. See
Treasury Decision (T.D.) 95-21.
III. Modification of ACE Cargo Release Test To Include Type 03 Entries,
and To Expand Cargo Release Filing Capabilities for Cargo Conveyed by
Truck
This notice announces that, as an addition to Type 01 and Type 11
entries, CBP is now allowing brokers and importers, who are also ACE
participants, to file, for air, ocean, rail, and truck modes of
transportation, a simplified entry for release of cargo subject to an
antidumping or countervailing duty proceeding, which ACS termed Type 03
entries.
This notice also announces that CBP is now allowing ACE-
participating brokers and importers to file for release of cargo
transported by truck that are split shipments, partial shipments, entry
on cargo that has been moved in-bond from the first U.S. port of
unlading.
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 ACE Cargo Release (SE)
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 PGA documents via a CBP-approved Electronic Data
Interchange (EDI). In a notice published in the Federal Register (79 FR
36083) on June 25, 2014, CBP set forth the rules for filing submissions
via DIS and a list of CBP and PGA forms that may be submitted via DIS.
For technical information about how ACE participants may build an
interface to connect with CBP DIS, see https://www.cbp.gov/sites/default/files/documents/dis_implementation_guide_3.pdf.
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,
rail, and truck modes. 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 importer and exporter participants
based upon entry filing volume, diversity of clients or of industries
represented, while giving consideration to the order in which CBP
received the requests to participate.
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/document/guidance/ace-cargo-release-pilot-ports. CBP may expand to additional ports in the
future.
Filing Capabilities
The filing capabilities for the ACE Cargo Release test set forth in
a Federal Register notice (79 FR 25142) continue to apply and are now
expanded to include ACE-participating importers and customs brokers
filing for cargo transported in the truck mode, to 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, and entry for a full manifested bill quantity. These new
capabilities include functionality specific to the filing and
processing of Type 01, Type 03, and Type 11 for cargo conveyed by air,
ocean, rail, or truck mode 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.
For cargo transported by ocean or by rail, the filer has the
option, but is not required, to provide the following 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 ACE-
participating importer or broker may provide an additional three (3)
data elements if applicable, for cargo transported by air, ocean, rail,
or truck:
(16) Port of Entry (if an in-bond number is provided in the entry
submission, the planned port of entry must also be provided).
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(17) In-Bond number (if an in-bond shipment).
(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).
V. Misconduct Under the Test
An ACE test participant may be subject to civil and criminal
penalties, administrative sanctions, liquidated damages, and/or
suspension from this test for any of the following:
Failure to follow the terms and conditions of this test.
Failure to exercise reasonable care in the execution of participant
obligations.
Failure to abide by applicable laws and regulations.
Suspensions for misconduct will be administered by the Executive
Director, Trade Policy and Programs, Office of International Trade, CBP
Headquarters. A written notice proposing suspension will be issued to
the participant that apprises the participant of the facts or conduct
warranting suspension and informs the participant of the date the
suspension will begin. Any decision proposing suspension of a
participant may be appealed in writing to the Assistant Commissioner,
Office of International Trade within 15 calendar days of the
notification date. An appeal of a decision of proposed suspension must
address the facts or conduct charges contained in the notice and state
how compliance will be achieved. In cases of non-payment, late payment,
willful misconduct or where public health interests or safety is
concerned, a suspension may be effective immediately.
VI. Development of ACE Prototypes
A chronological listing of Federal Register publications, which
describe ACE test developments, is provided, below.
ACE Portal Accounts and Subsequent Revision Notices: 67 FR 21800
(May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 FR
54302 (September 8, 2004); 70 FR 5199 (February 1, 2005). 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).
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: 79 FR
24744 (May 1, 2014).
Modification of National Customs Automation Program (NCAP) Test
Concerning Automated Commercial Environment (ACE) Cargo Release for
Truck Carriers: 79 FR 25142 (May 2, 2014).
Modification of National Customs Automation Program (NCAP) Test
Concerning Automated Commercial Environment Document Image System:
79 FR 36083 (June 25, 2014).
eBond Test: 79 FR 70881 (November 28, 2014); 80 FR 899 (January
7, 2015).
Dated: March 24, 2015.
Brenda B. Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-07122 Filed 3-26-15; 8:45 am]
BILLING CODE P
