National Customs Automation Program (NCAP) Test Concerning Electronic Filing of Protests in the Automated Commercial Environment (ACE), 53497-53501 [2016-19267]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
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Dated: August 8, 2016.
R. Gil Kerlikowske,
Commissioner.
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
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The ACE Protest Test will
commence on August 29, 2016, and will
continue until concluded by a notice
published in the Federal Register.
Comments concerning this notice and
any aspect of the test may be submitted
at any time during the test to the
address set forth below.
Comments concerning this
notice and any aspect of the ACE Protest
Test may be submitted at any time
during the testing period via email to
Josephine Baiamonte, ACE Business
Office (ABO), Office of Trade at
josephine.baiamonte@cbp.dhs.gov. In
the subject line of your email, please
indicate, ‘‘Comment on ACE Protest
Test FRN.’’
ADDRESSES:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to conduct a National
Customs Automation Program (NCAP)
test to assess new functionalities related
to the electronic filing and processing of
protests and new notification
procedures for protests filed
electronically in the Automated
Commercial Environment (ACE). During
the test, participants will be able to
submit additional arguments and
supporting information electronically,
with their electronic protest in ACE. In
SUMMARY:
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DATES:
National Customs Automation
Program (NCAP) Test Concerning
Electronic Filing of Protests in the
Automated Commercial Environment
(ACE)
For
technical questions related to the
application or requests for an ACE
Portal Account, including ACE Protest
Filer Accounts, contact the ACE
Account Service Desk by calling 1–866–
530–4172, selecting option 1, then
FOR FURTHER INFORMATION CONTACT:
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Corporate overpayments
(Eff. 1–1–99)
(percent)
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(percent)
addition, participants will be able to
submit requests for further review,
requests for accelerated disposition,
requests to set aside denial of further
review, and requests to void denial of a
protest electronically in ACE. This
notice also announces the testing of
electronic protest status notifications
from CBP. The test will be known as the
ACE Protest Test.
[FR Doc. 2016–19167 Filed 8–11–16; 8:45 am]
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option 2, or by emailing ACE.Support@
cbp.dhs.gov for assistance.
SUPPLEMENTARY INFORMATION:
I. The National Customs Automation
Program
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement Implementation
Act (Customs Modernization Act) (Pub.
L. 103–182, 107 Stat. 2057, 2170,
December 8, 1993) (19 U.S.C. 1411).
Through NCAP, the 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
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releases of ACE component
functionality designed to replace
specific legacy ACS functions and add
new functionality.
Sections 514 and 515 of the Tariff Act
of 1930, as amended (19 U.S.C. 1514
and 1515), provide procedures for
protesting certain decisions made by
CBP. Section 645 of the Customs
Modernization Act amended section
514(c)(1) of the Tariff Act of 1930 (19
U.S.C. 1514(c)(1)) to permit the
transmission of such protests to CBP
electronically. The CBP regulations
governing protests are found in part 174
of Title 19 of the Code of Federal
Regulations (19 CFR part 174).
II. Authorization for the ACE Protest
Test
The Customs Modernization Act
authorizes the Commissioner of CBP to
conduct limited test programs or
procedures designed to evaluate
planned components of the NCAP. The
ACE Protest Test is authorized pursuant
to 19 CFR 101.9(b) which provides for
the testing of NCAP programs or
procedures. See Treasury Decision
(T.D.) 95–21.
III. Electronic Protest Program
A. ACS Protest Filing
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The electronic filing and status of
protests is a planned component of the
NCAP, authorized by section 411 of the
Tariff Act of 1930, as amended by
section 631 of the Customs
Modernization Act. See 19 U.S.C.
1411(a)(2)(A). The U.S. Customs
Service, the legacy agency of CBP,
previously tested and deployed
electronic protest filing using the
Automated Broker Interface (ABI) to
transmit a protest to ACS. See, e.g., 65
FR 39224 (June 23, 2000).
On January 14, 2011, CBP published
a Final Rule in the Federal Register (76
FR 2573) making technical corrections
to the protest regulations in 19 CFR part
174 and related provisions in Title 19 of
the CFR. The rule amended section
174.12(b) to conform to section 514(c)(1)
of the Tariff Act of 1930, as modified by
the Customs Modernization Act,
allowing a protest to be transmitted
electronically to the electronic data
interchange system authorized by CBP
for that purpose.
B. ACE Protest
CBP has developed the ACE Protest
Module to replace electronic protest
filing in ACS. The ACE Protest Module
is an internet-based processing module,
which allows any person with a Protest
Filer Account in the ACE Portal to file
a protest and supporting documentation
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electronically, monitor the status of the
filer’s electronic protest, and receive
CBP notifications and messages
regarding the protest. CBP has modified
the ACE Portal Account Test to establish
the Protest Filer Account. See 81 FR
52453 (August 8, 2016). Parties wishing
to file an electronic protest will need to
establish and maintain an ACE Portal
Account, as specified in that notice.
In addition, on July 28, 2016, CBP
published a notice in the Federal
Register announcing that the ACE
Protest Module will be the sole
electronic method authorized by the
Commissioner of CBP for filing
electronic protests. See 81 FR 49685
(July 28, 2016). That notice also
announced that CBP will no longer
accept protests filed through ABI to
ACS. Upon the effective date of that
notice, ACE will replace ACS as the
authorized electronic data interchange
system for filing protests electronically.
Pursuant to 19 CFR 174.12(b), protest
filers are authorized to transmit their
protest electronically to ACE.
IV. Test Participation Criteria
CBP is conducting a test of the ACE
Protest Module, to assess new
functionalities related to the electronic
filing and processing of protests and
new notification procedures for protests
filed electronically in ACE. Any party
who wishes to participate in this test
may do so as long as it has a Protest
Filer Account. Participation in this test
is not confidential information and CBP
may disclose the name(s) of
participants. When a participant in the
ACE Protest Test files a protest in ACE,
the entire protest process will be fully
automated and must be completed in
ACE, with the exception of a request for
accelerated disposition, which must be
sent by registered or certified mail as
required under 19 U.S.C. 1515(b). Once
a test participant files a protest as part
of this test, the protest filer agrees to the
test procedures below for all subsequent
actions regarding the protest. For test
participants, CBP will waive certain
regulations pertaining to protest filing,
as described below. Except where
otherwise specified by this notice, the
CBP regulations concerning the filing of
a protest remain the same.
A. Power of Attorney and Certification
The regulations governing the ability
to file a protest on behalf of another
person are codified at 19 CFR 174.3. For
participants in the ACE Protest Test,
rather than submitting a power of
attorney, the protest filer will be
required to check a box affirming the
following statement:
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I certify that I am authorized to file this
protest, that such authority has been granted
by a duly and properly executed Power of
Attorney where one is required, that all the
information, statements and assertions herein
are true and correct to the best of my
knowledge and belief, and that this protest
complies with all applicable regulations.
A protest filer will not be able to
submit a protest electronically unless
the box next to the certification
statement is checked. The protest filer
must maintain a copy of the power of
attorney to provide to CBP upon
request.
B. Identity of Filer
The CBP regulations require that a
protest include the name of the person
filing the protest, or his agent or
attorney. See 19 CFR 174.12(c).
Participants in the ACE Protest Test
should identify the person filing the
protest through the Protest Filer
Account. Information identifying the
filer of the protest, as required by
section 174.12(c), will be collected at
the time the protest filer establishes an
account. In addition, the Protest Filer
will be required to enter the capacity in
which it is filing, by selecting a ‘‘filer
type’’ (e.g., attorney, broker, importer/
consignee, or surety).
C. Place of Filing
The CBP regulations require a protest
to be filed with the port director whose
decision is being protested. See 19 CFR
174.12(d). Delegation Order Number 14–
004, effective on September 11, 2014,
delegates concurrent trade authority to
the port directors and the directors of
the Centers of Excellence & Expertise
(CEE). As a result, a protest may be
submitted to either the port director or
the director of the filer’s assigned CEE.
For participants in the ACE Protest Test,
electronic protests will be filed in the
ACE Protest Module instead. Protests
filed electronically through the module
will be routed to the CBP port, CEE, or
other office responsible for the decision
that is the subject of the protest.
D. Date of Filing
The CBP regulations state that the
date of filing of a protest is the date on
which the protest is received by the
Customs officer with whom it is
required to be filed. See 19 CFR
174.12(f). For electronic filings, the date
of filing for claims or information
(including a protest, protest
amendment, request to set aside denial
of further review, and request to void
denial of a protest) will be the date on
which the protest is received by the
ACE Protest Module. The date of filing
in the ACE Protest Module will be
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determined based on midnight Eastern
Standard Time (EST). This means that,
to be considered timely, an electronic
filing in the ACE Protest Module must
be received by 11:59 p.m. (EST) on the
final day of the filing period. The
protest filer and any other designated
parties will receive an electronic
message confirming receipt of a protest
filing in ACE.
E. Amendment of Protests
The Protest Filer may amend an
electronic protest according to the
requirements set forth in section 174.14.
As required under 19 CFR 174.14(b),
when a Protest Filer files a protest
electronically, any amendment to such
protest must be made electronically
through the ACE Protest Module. As a
result, for participants in the ACE
Protest Test, the place of filing of an
amendment to a protest filed in ACE
will be the ACE Protest Module, rather
than the port director with whom the
protest was filed. See 19 CFR 174.14(e).
The date of filing of an amendment to
an ACE Protest will be the date on
which the protest amendment is
received by the ACE Protest Module.
The date of filing in the ACE Protest
Module will be determined by the time
of receipt of the amendment in ACE
based on midnight Eastern Standard
Time. The Protest Filer and any other
designated parties will receive an
electronic message confirming receipt of
an amendment made to an electronic
protest.
F. Accelerated Disposition
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Under 19 U.S.C. 1515(b), a request for
accelerated disposition must be sent by
registered or certified mail. If the Protest
Filer intends to request accelerated
disposition for a protest, the request
must be sent by registered or certified
mail to the port director or other CBP
officer whose decision is protested. See
19 CFR 174.12(d) and 174.22(a). Test
participants are also required to check a
box in the ACE Protest Module
indicating a request was properly
mailed. When making a request for
accelerated disposition the Protest Filer
must check a box affirming that the
Protest Filer has filed the request for
accelerated disposition by registered or
certified mail:
I certify that I have sent a request for
Accelerated Disposition by Certified or
Registered United States Mail, and I
understand that by requesting accelerated
disposition this protest will be deemed
denied within 30 days of the request if it is
not decided by CBP before the end of the 30
day period, and that any lawsuit filed in the
United States Court of International Trade
contesting the deemed denial of this protest
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is barred unless commenced within 180 days
of the date of the deemed denial.
The date of the request for accelerated
disposition will be based on the date of
the mailing. The Protest Filer may
electronically withdraw a request for
accelerated disposition of a protest filed
through the ACE Protest Module any
time prior to the 30 days after the date
of the request or the CBP decision on
the protest, whichever comes first.
G. Further Review
In lieu of filing an application for
further review (AFR) on Customs Form
19, pursuant to 19 CFR 174.25, test
participants may submit an AFR
concurrently with the protest in the
ACE Protest Module. When a protest is
filed through the ACE Protest Module,
the Protest Filer must use the module to
submit the AFR. When a Protest Filer
applies for further review, the filer must
check a box to answer ‘‘yes’’ or ‘‘no’’ to
the following questions:
Have you made prior request of a port
director for a further review of the same
claim with respect to the same or
substantially similar merchandise?
Have you received a final adverse decision
from the U.S. Court of International Trade on
the same claim with respect to the same
category of merchandise or do you have an
action involving such a claim pending before
the U.S. Court of International Trade?
Have you previously received an adverse
administrative decision from the
Commissioner of CBP or his designee or have
you presently pending an application for an
administrative decision on the same claim
with respect to the same category of
merchandise?
The ACE Protest Module will not
accept a protest with an AFR unless the
Protest Filer answers these three
questions and provides a written
justification. The written justification
must be entered in the text box provided
or uploaded separately.
H. Additional Arguments
A reviewing officer may consider
alternative claims and additional
grounds or arguments submitted by the
protesting party. See 19 CFR 174.28. For
purposes of the ACE Protest Test,
participants may use the ACE Protest
Module to submit alternative claims and
additional grounds or arguments any
time prior to the disposition of the
protest. When a protest is filed through
the ACE Protest Module, the Protest
Filer must use the module to submit
additional arguments unless such
information is incapable of electronic
submission, e.g., samples of imported
merchandise.
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I. Submission of Additional Information
and Protest Withdrawal
When a protest is filed through the
ACE Protest Module, the Protest Filer
must use the module to submit
additional information requested by
CBP unless such information is
incapable of electronic submission, e.g.,
samples of imported merchandise. Any
request to withdraw a protest submitted
through the ACE Protest Module must
be submitted electronically through the
module.
J. Request To Set Aside Denial of
Further Review
A Protest Filer seeking to file a
request to set aside CBP’s denial of
further review under 19 U.S.C. 1515(c)
must use the ACE Protest Module when
the underlying protest was filed through
the ACE Protest Module. A request will
be considered filed with the appropriate
CBP officer if it is filed in the ACE
Protest Module within 60 days after the
date of the protest denial. As noted
above, the date of filing in the ACE
Protest Module will be determined by
the time of receipt of the request for
setting aside of the denial of further
review in ACE based on midnight
Eastern Standard Time. If CBP fails to
act on the request to set aside the denial
of further review within 60 days from
the time of filing, the request will be
considered denied and the Protest Filer
will receive a courtesy electronic
notification.
K. Request To Void Denial of a Protest
A Protest Filer seeking to file a
request to void the denial of a protest
under 19 U.S.C. 1515(d) must use the
ACE Protest Module when the
underlying protest was filed through the
ACE Protest Module. A request will be
considered filed with the appropriate
CBP office if it is filed in the ACE
Protest Module within 90 days after the
date of the protest denial. The date of
filing of a request will be the date on
which the request is received by the
ACE Protest Module. As noted above,
the date of filing in the ACE Protest
Module will be determined by the time
of receipt of the request in ACE based
on midnight Eastern Standard Time.
L. Messaging
ACE will generate and send
automated messages to notify the Protest
Filer and any other designated parties of
changes in the status of the protest and
decisions made by CBP regarding the
protest. These messages will advise the
parties when CBP has received the:
Protest; request for accelerated
disposition; additional arguments;
application for further review; protest
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amendment; request to set aside denial
of further review; request to withdraw a
protest; or request to void the denial of
a protest. In addition, rather than
mailing a notice of denial of the protest
pursuant to 19 CFR 174.30, for protests
filed electronically, ACE will notify
designated parties of actions taken by
CBP electronically, including CBP’s
decision to suspend, grant, or deny a
protest.
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V. Comments
All interested parties are invited to
comment on any aspect of this ACE
Protest Test for the duration of the test.
CBP requests comments and feedback
on all aspects of this test in order to
determine whether to modify, alter,
expand, limit, continue, end, or fully
implement this test.
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); 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).
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• 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
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Environment (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
• Announcement of eBond Test: 79
FR 70881 (November 28, 2014).
• eBond Test Modifications and
Clarifications: Continuous Bond
Executed Prior to or Outside the eBond
Test May Be Converted to an eBond by
the Surety and Principal, Termination of
an eBond by Filing Identification
Number, and Email Address Correction:
80 FR 899 (January 7, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning Automated Commercial
Environment (ACE) Document Image
System Relating to Animal and Plant
Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126
(January 30, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the use of Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE) for the Submission
of Certain Data Required by the
Environmental Protection Agency
(EPA): 80 FR 6098 (February 4, 2015).
• Announcement of Modification of
ACE Cargo Release Test to Permit the
Combined Filing of Cargo Release and
Importer Security Filing (ISF) Data: 80
FR 7487 (February 10, 2015).
• Modification of NCAP Test
Concerning ACE Cargo Release for Type
03 Entries and Advanced Capabilities
for Truck Carriers: 80 FR 16414 (March
27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10,
2015).
• National Customs Automation
Program (NCAP) Concerning Remote
Location Filing Entry Procedures in the
Automated Commercial Environment
(ACE) and the Use of the Document
Image System for the Submission of
Invoices and the Use of eBonds for the
Transmission of Single Transaction
Bonds: 80 FR 40079 (July 13, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Automated Commercial
Environment (ACE) Partner Government
Agency (PGA) Message Set Regarding
Types of Transportation Modes and
Certain Data Required by the National
Highway Traffic Safety Administration
(NHTSA): 80 FR 47938 (August 10,
2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Vessel Cargo Test: 80 FR 50644 (August
20, 2015).
• Modification of National Customs
Automation Program (NCAP) Test
Concerning the Submission of Certain
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Data Required by the Food and Drug
Administration (FDA) Using the Partner
Government Agency Message Set
through the Automated Commercial
Environment (ACE): 80 FR 52051
(August 27, 2015).
• Automated Commercial
Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305
(September 9, 2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE)
Document Image System (DIS)
Regarding Future Updates and New
Method of Submission of Accepted
Documents: 80 FR 62082 (October 15,
2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Cargo
Release for Entry Type 52 and Certain
Other Modes of Transportation: 80 FR
63576 (October 20, 2015).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Entry
Summary, Accounts and Revenue
(ESAR) Test of Automated Entry
Summary Types 51 and 52 and Certain
Modes of Transportation: 80 FR 63815
(October 21, 2015).
• Modification of the National
Customs Automation Program Test
Concerning the Automated Commercial
Environment Portal Account to
Establish the Exporter Portal Account:
80 FR 63817 (October 21, 2015).
• Modification of National Customs
Automation Program Test Concerning
the Automated Commercial
Environment Partner Government
Agency Message Set Regarding the
Toxic Substances Control Act
Certification Required by the
Environmental Protection Agency: 81
FR 7133 (February 10, 2016).
• Notice Announcing the Automated
Commercial Environment (ACE) as the
Sole CBP-Authorized Electronic Data
Interchange (EDI) System for Processing
Certain Electronic Entry and Entry
Summary Filings: 81 FR 10264
(February 29, 2016).
• Modification of the National
Customs Automation Program (NCAP)
Tests Concerning the Partner
Government Agency Message Set for
Certain Data Required by the
Environmental Protection Agency
(EPA): 81 FR 13399 (March 14, 2016).
• Cessation of National Customs
Automation Program (NCAP) Test
Concerning the Submission of Certain
Data Required by the Food and Drug
Administration (FDA) Using the Partner
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Government Agency (PGA) Message Set
Through the Automated Commercial
Environment (ACE): 81 FR 18634
(March 31, 2016).
• Automated Commercial
Environment (ACE); Announcement of
National Customs Automation Program
Test of the In-Transit Manifest Pilot
Program: 81 FR 24837 (April 27, 2016).
• Announcement of National
Customs Automation Program (NCAP)
Test Concerning the Submission
Through the Automated Commercial
Environment (ACE) of Certain Import
Data and Documents Required by the
U.S. Fish and Wildlife Service: 81 FR
27149 (May 5, 2015).
• Notice Announcing the Automated
Commercial Environment (ACE) as the
Sole CBP-Authorized Electronic Data
Interchange (EDI) System for Processing
Certain Electronic Entry and Entry
Summary Filings Accompanied by Food
and Drug Administration (FDA) Data: 81
FR 30320 (May 16, 2016).
• Notice Announcing the Automated
Commercial Environment (ACE) as the
Sole CBP-Authorized Electronic Data
Interchange (EDI) System for Processing
Electronic Entry and Entry Summary
Filings: 81 FR 32339 (May 23, 2016).
• Notice Announcing the Automated
Commercial Environment (ACE) Protest
Module as the Sole CBP-Authorized
Method for Filing Electronic Protests: 81
FR 49685 (July 28, 2016).
• Modification of the National
Customs Automation Program (NCAP)
Test Concerning the Automated
Commercial Environment (ACE) Portal
Accounts to Establish the Protest Filer
Account and Clarification that the
Terms and Conditions for Account
Access Apply to All ACE Portal
Accounts: 81 FR 52453 (August 8,
2016).
Dated: August 9, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2016–19267 Filed 8–11–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5907–N–33]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This Notice identifies
unutilized, underutilized, excess, and
SUMMARY:
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
53501
surplus Federal property reviewed by
HUD for suitability for use to assist the
homeless.
FOR FURTHER INFORMATION CONTACT:
Juanita Perry, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 402–3970; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free),
call the toll-free Title V information line
at 800–927–7588 or send an email to
title5@hud.gov .
SUPPLEMENTARY INFORMATION: In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, and suitable/to be excess,
and unsuitable. The properties listed in
the three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to: Ms. Theresa M.
Ritta, Chief Real Property Branch, the
Department of Health and Human
Services, Room 12–07, Parklawn
Building, 5600 Fishers Lane, Rockville,
MD 20857, (301)–443–2265 (This is not
E:\FR\FM\12AUN1.SGM
12AUN1
Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53497-53501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19267]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
National Customs Automation Program (NCAP) Test Concerning
Electronic Filing of Protests in the Automated Commercial Environment
(ACE)
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 conduct a National Customs Automation Program (NCAP)
test to assess new functionalities related to the electronic filing and
processing of protests and new notification procedures for protests
filed electronically in the Automated Commercial Environment (ACE).
During the test, participants will be able to submit additional
arguments and supporting information electronically, with their
electronic protest in ACE. In addition, participants will be able to
submit requests for further review, requests for accelerated
disposition, requests to set aside denial of further review, and
requests to void denial of a protest electronically in ACE. This notice
also announces the testing of electronic protest status notifications
from CBP. The test will be known as the ACE Protest Test.
DATES: The ACE Protest Test will commence on August 29, 2016, and will
continue until concluded by a notice published in the Federal Register.
Comments concerning this notice and any aspect of the test may be
submitted at any time during the test to the address set forth below.
ADDRESSES: Comments concerning this notice and any aspect of the ACE
Protest Test may be submitted at any time during the testing period via
email to Josephine Baiamonte, ACE Business Office (ABO), Office of
Trade at josephine.baiamonte@cbp.dhs.gov. In the subject line of your
email, please indicate, ``Comment on ACE Protest Test FRN.''
FOR FURTHER INFORMATION CONTACT: For technical questions related to the
application or requests for an ACE Portal Account, including ACE
Protest Filer Accounts, contact the ACE Account Service Desk by calling
1-866-530-4172, selecting option 1, then option 2, or by emailing
ACE.Support@cbp.dhs.gov for assistance.
SUPPLEMENTARY INFORMATION:
I. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement Implementation Act (Customs Modernization Act)
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C.
1411). Through NCAP, the 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
[[Page 53498]]
releases of ACE component functionality designed to replace specific
legacy ACS functions and add new functionality.
Sections 514 and 515 of the Tariff Act of 1930, as amended (19
U.S.C. 1514 and 1515), provide procedures for protesting certain
decisions made by CBP. Section 645 of the Customs Modernization Act
amended section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1514(c)(1)) to permit the transmission of such protests to CBP
electronically. The CBP regulations governing protests are found in
part 174 of Title 19 of the Code of Federal Regulations (19 CFR part
174).
II. Authorization for the ACE Protest Test
The Customs Modernization Act authorizes the Commissioner of CBP to
conduct limited test programs or procedures designed to evaluate
planned components of the NCAP. The ACE Protest Test is authorized
pursuant to 19 CFR 101.9(b) which provides for the testing of NCAP
programs or procedures. See Treasury Decision (T.D.) 95-21.
III. Electronic Protest Program
A. ACS Protest Filing
The electronic filing and status of protests is a planned component
of the NCAP, authorized by section 411 of the Tariff Act of 1930, as
amended by section 631 of the Customs Modernization Act. See 19 U.S.C.
1411(a)(2)(A). The U.S. Customs Service, the legacy agency of CBP,
previously tested and deployed electronic protest filing using the
Automated Broker Interface (ABI) to transmit a protest to ACS. See,
e.g., 65 FR 39224 (June 23, 2000).
On January 14, 2011, CBP published a Final Rule in the Federal
Register (76 FR 2573) making technical corrections to the protest
regulations in 19 CFR part 174 and related provisions in Title 19 of
the CFR. The rule amended section 174.12(b) to conform to section
514(c)(1) of the Tariff Act of 1930, as modified by the Customs
Modernization Act, allowing a protest to be transmitted electronically
to the electronic data interchange system authorized by CBP for that
purpose.
B. ACE Protest
CBP has developed the ACE Protest Module to replace electronic
protest filing in ACS. The ACE Protest Module is an internet-based
processing module, which allows any person with a Protest Filer Account
in the ACE Portal to file a protest and supporting documentation
electronically, monitor the status of the filer's electronic protest,
and receive CBP notifications and messages regarding the protest. CBP
has modified the ACE Portal Account Test to establish the Protest Filer
Account. See 81 FR 52453 (August 8, 2016). Parties wishing to file an
electronic protest will need to establish and maintain an ACE Portal
Account, as specified in that notice.
In addition, on July 28, 2016, CBP published a notice in the
Federal Register announcing that the ACE Protest Module will be the
sole electronic method authorized by the Commissioner of CBP for filing
electronic protests. See 81 FR 49685 (July 28, 2016). That notice also
announced that CBP will no longer accept protests filed through ABI to
ACS. Upon the effective date of that notice, ACE will replace ACS as
the authorized electronic data interchange system for filing protests
electronically. Pursuant to 19 CFR 174.12(b), protest filers are
authorized to transmit their protest electronically to ACE.
IV. Test Participation Criteria
CBP is conducting a test of the ACE Protest Module, to assess new
functionalities related to the electronic filing and processing of
protests and new notification procedures for protests filed
electronically in ACE. Any party who wishes to participate in this test
may do so as long as it has a Protest Filer Account. Participation in
this test is not confidential information and CBP may disclose the
name(s) of participants. When a participant in the ACE Protest Test
files a protest in ACE, the entire protest process will be fully
automated and must be completed in ACE, with the exception of a request
for accelerated disposition, which must be sent by registered or
certified mail as required under 19 U.S.C. 1515(b). Once a test
participant files a protest as part of this test, the protest filer
agrees to the test procedures below for all subsequent actions
regarding the protest. For test participants, CBP will waive certain
regulations pertaining to protest filing, as described below. Except
where otherwise specified by this notice, the CBP regulations
concerning the filing of a protest remain the same.
A. Power of Attorney and Certification
The regulations governing the ability to file a protest on behalf
of another person are codified at 19 CFR 174.3. For participants in the
ACE Protest Test, rather than submitting a power of attorney, the
protest filer will be required to check a box affirming the following
statement:
I certify that I am authorized to file this protest, that such
authority has been granted by a duly and properly executed Power of
Attorney where one is required, that all the information, statements
and assertions herein are true and correct to the best of my
knowledge and belief, and that this protest complies with all
applicable regulations.
A protest filer will not be able to submit a protest electronically
unless the box next to the certification statement is checked. The
protest filer must maintain a copy of the power of attorney to provide
to CBP upon request.
B. Identity of Filer
The CBP regulations require that a protest include the name of the
person filing the protest, or his agent or attorney. See 19 CFR
174.12(c). Participants in the ACE Protest Test should identify the
person filing the protest through the Protest Filer Account.
Information identifying the filer of the protest, as required by
section 174.12(c), will be collected at the time the protest filer
establishes an account. In addition, the Protest Filer will be required
to enter the capacity in which it is filing, by selecting a ``filer
type'' (e.g., attorney, broker, importer/consignee, or surety).
C. Place of Filing
The CBP regulations require a protest to be filed with the port
director whose decision is being protested. See 19 CFR 174.12(d).
Delegation Order Number 14-004, effective on September 11, 2014,
delegates concurrent trade authority to the port directors and the
directors of the Centers of Excellence & Expertise (CEE). As a result,
a protest may be submitted to either the port director or the director
of the filer's assigned CEE. For participants in the ACE Protest Test,
electronic protests will be filed in the ACE Protest Module instead.
Protests filed electronically through the module will be routed to the
CBP port, CEE, or other office responsible for the decision that is the
subject of the protest.
D. Date of Filing
The CBP regulations state that the date of filing of a protest is
the date on which the protest is received by the Customs officer with
whom it is required to be filed. See 19 CFR 174.12(f). For electronic
filings, the date of filing for claims or information (including a
protest, protest amendment, request to set aside denial of further
review, and request to void denial of a protest) will be the date on
which the protest is received by the ACE Protest Module. The date of
filing in the ACE Protest Module will be
[[Page 53499]]
determined based on midnight Eastern Standard Time (EST). This means
that, to be considered timely, an electronic filing in the ACE Protest
Module must be received by 11:59 p.m. (EST) on the final day of the
filing period. The protest filer and any other designated parties will
receive an electronic message confirming receipt of a protest filing in
ACE.
E. Amendment of Protests
The Protest Filer may amend an electronic protest according to the
requirements set forth in section 174.14. As required under 19 CFR
174.14(b), when a Protest Filer files a protest electronically, any
amendment to such protest must be made electronically through the ACE
Protest Module. As a result, for participants in the ACE Protest Test,
the place of filing of an amendment to a protest filed in ACE will be
the ACE Protest Module, rather than the port director with whom the
protest was filed. See 19 CFR 174.14(e). The date of filing of an
amendment to an ACE Protest will be the date on which the protest
amendment is received by the ACE Protest Module. The date of filing in
the ACE Protest Module will be determined by the time of receipt of the
amendment in ACE based on midnight Eastern Standard Time. The Protest
Filer and any other designated parties will receive an electronic
message confirming receipt of an amendment made to an electronic
protest.
F. Accelerated Disposition
Under 19 U.S.C. 1515(b), a request for accelerated disposition must
be sent by registered or certified mail. If the Protest Filer intends
to request accelerated disposition for a protest, the request must be
sent by registered or certified mail to the port director or other CBP
officer whose decision is protested. See 19 CFR 174.12(d) and
174.22(a). Test participants are also required to check a box in the
ACE Protest Module indicating a request was properly mailed. When
making a request for accelerated disposition the Protest Filer must
check a box affirming that the Protest Filer has filed the request for
accelerated disposition by registered or certified mail:
I certify that I have sent a request for Accelerated Disposition
by Certified or Registered United States Mail, and I understand that
by requesting accelerated disposition this protest will be deemed
denied within 30 days of the request if it is not decided by CBP
before the end of the 30 day period, and that any lawsuit filed in
the United States Court of International Trade contesting the deemed
denial of this protest is barred unless commenced within 180 days of
the date of the deemed denial.
The date of the request for accelerated disposition will be based
on the date of the mailing. The Protest Filer may electronically
withdraw a request for accelerated disposition of a protest filed
through the ACE Protest Module any time prior to the 30 days after the
date of the request or the CBP decision on the protest, whichever comes
first.
G. Further Review
In lieu of filing an application for further review (AFR) on
Customs Form 19, pursuant to 19 CFR 174.25, test participants may
submit an AFR concurrently with the protest in the ACE Protest Module.
When a protest is filed through the ACE Protest Module, the Protest
Filer must use the module to submit the AFR. When a Protest Filer
applies for further review, the filer must check a box to answer
``yes'' or ``no'' to the following questions:
Have you made prior request of a port director for a further
review of the same claim with respect to the same or substantially
similar merchandise?
Have you received a final adverse decision from the U.S. Court
of International Trade on the same claim with respect to the same
category of merchandise or do you have an action involving such a
claim pending before the U.S. Court of International Trade?
Have you previously received an adverse administrative decision
from the Commissioner of CBP or his designee or have you presently
pending an application for an administrative decision on the same
claim with respect to the same category of merchandise?
The ACE Protest Module will not accept a protest with an AFR unless
the Protest Filer answers these three questions and provides a written
justification. The written justification must be entered in the text
box provided or uploaded separately.
H. Additional Arguments
A reviewing officer may consider alternative claims and additional
grounds or arguments submitted by the protesting party. See 19 CFR
174.28. For purposes of the ACE Protest Test, participants may use the
ACE Protest Module to submit alternative claims and additional grounds
or arguments any time prior to the disposition of the protest. When a
protest is filed through the ACE Protest Module, the Protest Filer must
use the module to submit additional arguments unless such information
is incapable of electronic submission, e.g., samples of imported
merchandise.
I. Submission of Additional Information and Protest Withdrawal
When a protest is filed through the ACE Protest Module, the Protest
Filer must use the module to submit additional information requested by
CBP unless such information is incapable of electronic submission,
e.g., samples of imported merchandise. Any request to withdraw a
protest submitted through the ACE Protest Module must be submitted
electronically through the module.
J. Request To Set Aside Denial of Further Review
A Protest Filer seeking to file a request to set aside CBP's denial
of further review under 19 U.S.C. 1515(c) must use the ACE Protest
Module when the underlying protest was filed through the ACE Protest
Module. A request will be considered filed with the appropriate CBP
officer if it is filed in the ACE Protest Module within 60 days after
the date of the protest denial. As noted above, the date of filing in
the ACE Protest Module will be determined by the time of receipt of the
request for setting aside of the denial of further review in ACE based
on midnight Eastern Standard Time. If CBP fails to act on the request
to set aside the denial of further review within 60 days from the time
of filing, the request will be considered denied and the Protest Filer
will receive a courtesy electronic notification.
K. Request To Void Denial of a Protest
A Protest Filer seeking to file a request to void the denial of a
protest under 19 U.S.C. 1515(d) must use the ACE Protest Module when
the underlying protest was filed through the ACE Protest Module. A
request will be considered filed with the appropriate CBP office if it
is filed in the ACE Protest Module within 90 days after the date of the
protest denial. The date of filing of a request will be the date on
which the request is received by the ACE Protest Module. As noted
above, the date of filing in the ACE Protest Module will be determined
by the time of receipt of the request in ACE based on midnight Eastern
Standard Time.
L. Messaging
ACE will generate and send automated messages to notify the Protest
Filer and any other designated parties of changes in the status of the
protest and decisions made by CBP regarding the protest. These messages
will advise the parties when CBP has received the: Protest; request for
accelerated disposition; additional arguments; application for further
review; protest
[[Page 53500]]
amendment; request to set aside denial of further review; request to
withdraw a protest; or request to void the denial of a protest. In
addition, rather than mailing a notice of denial of the protest
pursuant to 19 CFR 174.30, for protests filed electronically, ACE will
notify designated parties of actions taken by CBP electronically,
including CBP's decision to suspend, grant, or deny a protest.
V. Comments
All interested parties are invited to comment on any aspect of this
ACE Protest Test for the duration of the test. CBP requests comments
and feedback on all aspects of this test in order to determine whether
to modify, alter, expand, limit, continue, end, or fully implement this
test.
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); 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 (ACE) Document Image
System: 79 FR 36083 (June 25, 2014).
Announcement of eBond Test: 79 FR 70881 (November 28,
2014).
eBond Test Modifications and Clarifications: Continuous
Bond Executed Prior to or Outside the eBond Test May Be Converted to an
eBond by the Surety and Principal, Termination of an eBond by Filing
Identification Number, and Email Address Correction: 80 FR 899 (January
7, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning Automated Commercial Environment (ACE) Document Image
System Relating to Animal and Plant Health Inspection Service (APHIS)
Document Submissions: 80 FR 5126 (January 30, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the use of Partner Government Agency Message Set
through the Automated Commercial Environment (ACE) for the Submission
of Certain Data Required by the Environmental Protection Agency (EPA):
80 FR 6098 (February 4, 2015).
Announcement of Modification of ACE Cargo Release Test to
Permit the Combined Filing of Cargo Release and Importer Security
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
Modification of NCAP Test Concerning ACE Cargo Release for
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR
16414 (March 27, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Air Cargo Test: 80 FR 39790 (July 10, 2015).
National Customs Automation Program (NCAP) Concerning
Remote Location Filing Entry Procedures in the Automated Commercial
Environment (ACE) and the Use of the Document Image System for the
Submission of Invoices and the Use of eBonds for the Transmission of
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the Automated Commercial Environment (ACE) Partner
Government Agency (PGA) Message Set Regarding Types of Transportation
Modes and Certain Data Required by the National Highway Traffic Safety
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
Modification of National Customs Automation Program (NCAP)
Test Concerning the Submission of Certain
[[Page 53501]]
Data Required by the Food and Drug Administration (FDA) Using the
Partner Government Agency Message Set through the Automated Commercial
Environment (ACE): 80 FR 52051 (August 27, 2015).
Automated Commercial Environment (ACE) Export Manifest for
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE)
Document Image System (DIS) Regarding Future Updates and New Method of
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo
Release for Entry Type 52 and Certain Other Modes of Transportation: 80
FR 63576 (October 20, 2015).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815
(October 21, 2015).
Modification of the National Customs Automation Program
Test Concerning the Automated Commercial Environment Portal Account to
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
Modification of National Customs Automation Program Test
Concerning the Automated Commercial Environment Partner Government
Agency Message Set Regarding the Toxic Substances Control Act
Certification Required by the Environmental Protection Agency: 81 FR
7133 (February 10, 2016).
Notice Announcing the Automated Commercial Environment
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI)
System for Processing Certain Electronic Entry and Entry Summary
Filings: 81 FR 10264 (February 29, 2016).
Modification of the National Customs Automation Program
(NCAP) Tests Concerning the Partner Government Agency Message Set for
Certain Data Required by the Environmental Protection Agency (EPA): 81
FR 13399 (March 14, 2016).
Cessation of National Customs Automation Program (NCAP)
Test Concerning the Submission of Certain Data Required by the Food and
Drug Administration (FDA) Using the Partner Government Agency (PGA)
Message Set Through the Automated Commercial Environment (ACE): 81 FR
18634 (March 31, 2016).
Automated Commercial Environment (ACE); Announcement of
National Customs Automation Program Test of the In-Transit Manifest
Pilot Program: 81 FR 24837 (April 27, 2016).
Announcement of National Customs Automation Program (NCAP)
Test Concerning the Submission Through the Automated Commercial
Environment (ACE) of Certain Import Data and Documents Required by the
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2015).
Notice Announcing the Automated Commercial Environment
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI)
System for Processing Certain Electronic Entry and Entry Summary
Filings Accompanied by Food and Drug Administration (FDA) Data: 81 FR
30320 (May 16, 2016).
Notice Announcing the Automated Commercial Environment
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI)
System for Processing Electronic Entry and Entry Summary Filings: 81 FR
32339 (May 23, 2016).
Notice Announcing the Automated Commercial Environment
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing
Electronic Protests: 81 FR 49685 (July 28, 2016).
Modification of the National Customs Automation Program
(NCAP) Test Concerning the Automated Commercial Environment (ACE)
Portal Accounts to Establish the Protest Filer Account and
Clarification that the Terms and Conditions for Account Access Apply to
All ACE Portal Accounts: 81 FR 52453 (August 8, 2016).
Dated: August 9, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-19267 Filed 8-11-16; 8:45 am]
BILLING CODE 9111-14-P