Modification of the National Customs Automation Program Test Regarding Reconciliation and Transition of the Test From the Automated Commercial System to the Automated Commercial Environment, 89486-89490 [2016-29704]
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89486
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Effective Date for the Automated
Commercial Environment (ACE)
Becoming the Sole CBP-Authorized
Electronic Data Interchange (EDI)
System for Processing Electronic
Drawback and Duty Deferral Entry and
Entry Summary Filings
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
On August 30, 2016, U.S.
Customs and Border Protection (CBP)
published a notice in the Federal
Register announcing plans to make the
Automated Commercial Environment
(ACE) the sole electronic data
interchange (EDI) system authorized by
the Commissioner of U.S. Customs and
Border Protection (CBP) for processing
electronic drawback and duty deferral
entry and entry summary filings. The
changes announced in that notice were
to have been effective on October 1,
2016. On October 3, 2016, CBP
published a notice in the Federal
Register announcing that the effective
date for the transition to ACE as the sole
CBP-authorized EDI system for
electronic drawback and duty deferral
entry and entry summary filings would
be delayed until further notice. This
notice announces that the effective date
for the transition will be January 14,
2017.
SUMMARY:
Effective January 14, 2017: ACE
will be the sole CBP-authorized EDI
system for processing electronic
drawback and duty deferral entry and
entry summary filings, and ACS will no
longer be a CBP-authorized EDI system
for purposes of processing these filings.
FOR FURTHER INFORMATION CONTACT:
Questions related to this notice may be
emailed to ASKACE@cbp.dhs.gov with
the subject line identifier reading ‘‘ACS
to ACE Drawback and Duty Deferral
Entry and Entry Summary Filings
transition’’.
DATES:
On August
30, 2016, U.S. Customs and Border
Protection (CBP) published a notice in
the Federal Register (81 FR 59644)
announcing plans to make the
Automated Commercial Environment
(ACE) the sole electronic data
interchange (EDI) system authorized by
the Commissioner of U.S. Customs and
Border Protection (CBP) for processing
electronic drawback and duty deferral
entry and entry summary filings,
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SUPPLEMENTARY INFORMATION:
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effective on October 1, 2016. The
document also announced that, on
October 1, 2016, the Automated
Commercial System (ACS) would no
longer be a CBP-authorized EDI system
for purposes of processing these
electronic filings. Finally, the notice
announced a name change for the ACE
filing code for duty deferral and the
creation of a new ACE filing code for all
electronic drawback filings, replacing
the six distinct drawback codes
previously filed in ACS. On October 3,
2016, CBP published a notice in the
Federal Register (81 FR 68023)
announcing that the effective date for
these changes would be delayed until
further notice.
This notice announces that the new
effective date for the transition will be
January 14, 2017. At that time, ACE will
become the sole CBP-authorized EDI
system for electronic drawback and duty
deferral entry and entry summary
filings, and ACS will no longer be a
CBP-authorized EDI system for purposes
of processing these electronic filings.
Dated: December 7, 2016.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2016–29711 Filed 12–9–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs And Border Protection
Modification of the National Customs
Automation Program Test Regarding
Reconciliation and Transition of the
Test From the Automated Commercial
System to the Automated Commercial
Environment
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 regarding reconciliation, and the
transition of the test from the
Automated Commercial System (ACS)
to the Automated Commercial
Environment (ACE). The modifications
made by this notice eliminate several
requirements for participation in the
test, impose new data requirements, and
establish the requirement that
reconciliation entries be filed in ACE
beginning January 14, 2017, regardless
of whether the underlying entry was
filed in ACS or ACE. Except to the
SUMMARY:
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extent expressly announced or modified
by this document, all aspects, rules,
terms and conditions announced in
previous notices regarding the
reconciliation test remain in effect.
DATES: The changes made by this notice
are effective January 14, 2017.
ADDRESSES: Comments concerning this
test program may be submitted any time
during the test via email, with a subject
line identifier reading, ‘‘Comment on
Reconciliation test’’, to OFORECONFOLDER@cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Acenitha Kennedy, Entry Summary and
Revenue Branch, Trade Policy and
Programs, Office of Trade at (202) 863–
6064 or ACENITHA.KENNEDY@
CBP.DHS.GOV.
SUPPLEMENTARY INFORMATION:
I. Background
A. Reconciliation
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement (NAFTA)
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) as the CBP-authorized
electronic data interchange (EDI)
system. ACE is an automated and
electronic system for commercial trade
processing which is intended to
streamline business processes, facilitate
growth in trade, ensure cargo security,
and foster participation in global
commerce, while ensuring compliance
with U.S. laws and regulations and
reducing costs for U.S. Customs and
Border Protection (CBP) and all of its
communities of interest. The ability to
meet these objectives depends on
successfully modernizing CBP’s
business functions and the information
technology that supports those
functions. CBP’s modernization efforts
are accomplished through phased
releases of ACE component
functionality designed to replace
specific legacy ACS functions and add
new functionality. Section 637 of the
Customs Modernization Act amended
Section 484 of the Tariff Act of 1930 to
establish a new section (b), entitled
‘‘Reconciliation’’, a planned component
of the NCAP. (19 U.S.C. 1484(b)).
Reconciliation is the process that
allows an importer, at the time an entry
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summary is filed, to identify
indeterminable information (other than
that affecting admissibility) to CBP and
to provide that outstanding information
at a later date. The importer identifies
the outstanding information by means of
an electronic ‘‘flag’’ which is placed on
the entry summary at the time the entry
summary is filed and payment
(applicable duty, taxes, and fees) is
made.
Section 101.9(b) of title 19 of the Code
of Federal Regulations (19 CFR 101.9(b))
provides for the testing of NCAP
components. See T.D. 95–21, 60 FR
14211 (March 16, 1995). This test is
established pursuant to this regulation.
The reconciliation program is currently
being tested by CBP using the
Automated Commercial System (ACS).
CBP announced and explained the test
in a general notice document published
in the Federal Register (63 FR 6257) on
February 6, 1998. Clarifications and
operational changes were announced in
subsequent Federal Register notices: 63
FR 44303, published on August 18,
1998; 64 FR 39187, published on July
21, 1999; 64 FR 73121, published on
December 29, 1999; 66 FR 14619,
published on March 13, 2001; 67 FR
61200, published on September 27,
2002 (with a correction document
published at 67 FR 68238 on November
8, 2002); 69 FR 53730, published on
September 2, 2004; 70 FR 1730,
published on January 10, 2005; 70 FR
46882, published on August 11, 2005;
71 FR 37596, published on June 30,
2006, 78 FR 27984, published on May
13, 2013; and 79 FR 34334 published
June 16, 2014. A Federal Register (65
FR 55326) notice published on
September 13, 2000, extended the
prototype indefinitely.
The previously published Federal
Register documents have set forth that
the issues for which an entry summary
may be ‘‘flagged’’ (for the purpose of
later reconciliation) are limited and
relate to: (1) Value issues other than
claims based on latent manufacturing
defects; (2) classification issues, on a
limited basis; (3) issues concerning
value aspects of entries filed under
heading 9802, Harmonized Tariff
Schedule of the United States (HTSUS)
(9802 issues); and (4) issues concerning
post-importation claims, under 19
U.S.C. 1520(d), for preferential tariff
treatment for merchandise entered
under the Acts implementing the North
American Free Trade Agreement, the
United States-Chile Free Trade
Agreement, the Dominican RepublicCentral America-United States Free
Trade Agreement, the United StatesOman Free Trade Agreement, the
United States-Peru Trade Promotion
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Agreement, the United States-Korea
Free Trade Agreement, the United
States-Colombia Trade Promotion
Agreement, and the United StatesPanama Trade Promotion Agreement.
The flagged entry summary (the
underlying entry summary) is liquidated
by CBP for all aspects of the entry
except those issues that were flagged.
Upon liquidation of an underlying entry
summary, any decision by CBP entering
into that liquidation, e.g., classification,
may be protested pursuant to 19 U.S.C.
1514. The means of providing the
outstanding information flagged on the
underlying entry summary to be
reconciled is through the filing of a
reconciliation entry. A reconciliation
entry is treated as an entry for purposes
of liquidation, reliquidation, and
protest. When the outstanding
information, e.g., value as determined
by the actual costs, is later furnished in
the reconciliation entry CBP will
liquidate the reconciliation entry as to
the flagged issues. Any adjustments in
duties, taxes, and/or fees owed will be
made at that time. (See 63 FR 6257,
February 6, 1998 for a more detailed
presentation of the basic reconciliation
process.) The liquidation of the
reconciliation entry will be posted in
the same manner and place as the
notices of liquidation of other entries.
Liquidation of a reconciliation entry
may be protested pursuant to 19 U.S.C.
1514, but the protest may only pertain
to the issue(s) flagged for and contained
in the reconciliation entry (i.e., the
protest may not address issues
previously liquidated on the underlying
entry summary).
CBP reminds test participants that the
filing of a reconciliation entry, like the
filing of a regular consumption entry, is
governed by 19 U.S.C. 1484 and can be
done only by an importer of record who
is required to exercise reasonable care in
filing the underlying entry summary,
flagging issues for later reconciliation,
and filing the reconciliation entry.
Importers must also be aware of the
distinction between prior disclosure and
reconciliation. A prior disclosure exists
when a person discloses the
circumstances of a violation of 19 U.S.C.
1592 pursuant to CBP regulations. The
person disclosing this information must
do so before, or without knowledge of,
the commencement of a formal
investigation of that violation. Under
reconciliation, the importer is not
disclosing a violation, but rather
identifying information which is
indeterminable and will be provided at
a later time when the reconciliation
entry is filed.
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89487
B. Transition Into ACE
Over the last several years, CBP has
tested ACE and provided significant
public outreach to ensure that the trade
community is fully aware of the
transition from ACS to ACE. On October
13, 2015, CBP published an Interim
Final Rule in the Federal Register (80
FR 61278) that designated ACE as a
CBP-authorized EDI system. The
designation of ACE as a CBP-authorized
EDI system was effective November 1,
2015. In the Interim Final Rule, CBP
stated that ACS would be phased out
and anticipated that ACS would no
longer be supported for entry and entry
summary filing by the end of February
2016. Filers were encouraged to adjust
their business practices so that they
would be prepared when ACS was
decommissioned.
CBP has developed a staggered
transition strategy for decommissioning
ACS. The first phase of the transition
was announced in a Federal Register
notice published on February 29, 2016
(81 FR 10264). The second phase was
announced in a Federal Register notice
published on May 16, 2016 (81 FR
30320). The third phase of the transition
was announced in a Federal Register
notice published on May 23, 2016 (81
FR 32339). Most recently, CBP
announced in a Federal Register notice
published on July 28, 2016 (81 FR
49685) that ACE is the sole CBPauthorized method for filing electronic
protests. This notice announces a
further transition from ACS to ACE as
CBP is transitioning the reconciliation
test from ACS to ACE. The changes
made by this notice related to the
application process for participation in
this test, the flagging of underlying
entries and the filing of reconciliation
entries are effective January 14, 2017.
Except to the extent expressly
announced or modified by this
document, all aspects, rules, terms,
requirements, obligations and
conditions announced in previous
notices regarding the reconciliation test
remain in effect.
II. Test Modifications and Transition
Into ACE
This document announces numerous
modifications to the reconciliation test
and the transition of the test from ACS
to the Automated Commercial
Environment (ACE). Each modification
and the transition from ACS to ACE are
discussed separately below. Except to
the extent expressly announced or
modified by this document, all aspects,
rules, terms, requirements, obligations
and conditions announced in previous
notices regarding the reconciliation test
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remain in effect. It should be noted that
the changes made by this document
related to the filing of reconciliation
entries apply only to reconciliation
entries filed in ACE; they do not apply
to reconciliation entries filed in ACS.
A. Mandatory Use of ACE for Filing
Reconciliation Entries
This document announces that
beginning January 14, 2017, all
reconciliation entries must be filed in
ACE regardless of whether the
underlying entry was filed in ACS or
ACE and regardless of whether it is a
replacement, substitution or follow-up
to a reconciliation entry originally filed
in ACS. As of January 14, 2017, ACS is
decommissioned for the filing of
reconciliation entries.
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B. Elimination of Reconciliation
Processing Ports
This document announces that CBP is
eliminating the requirement that
reconciliation entries be filed at
specified reconciliation processing
ports. Beginning on January 14, 2017,
reconciliation entries may be filed in
ACE at any CBP port. CBP reminds
importers and customs brokers that the
filing of a reconciliation entry is
considered customs business under 19
U.S.C. 1641, which requires that a
broker wishing to file a reconciliation
entry have a district or national permit
authorizing the broker to file the
reconciliation entry at the port where
the reconciliation entry is filed.
C. Application Process and
Participation Preconditions
This document announces that,
except for suspended parties wishing to
be reinstated into the test, CBP is
removing the requirement that
interested importers apply to participate
in this test. Beginning January 14, 2017,
CBP is opening this test to all nonsuspended importers without any need
for interested importers to apply and be
accepted into the test. The only
importers who may not participate in
this test, i.e., not flag underlying entries
for reconciliation, are those who have
been suspended from participation. Any
party suspended from the test will not
be allowed to flag entries until the
suspension period ends and the party
applies for reinstatement and
reinstatement is granted. Suspended
importers are still required to file
reconciliation entries timely during the
suspension period for underlying
entries flagged prior to the suspension
becoming effective. Any party
suspended from the test who wishes to
be reinstated must submit an
application to its assigned Center of
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Excellence and Expertise designee if it
has one; otherwise the application
should be submitted at the local CBP
port. The application for reinstatement
must address the reasons for the
suspension and fully describe all
corrective action taken to address the
grounds for suspension. CBP will
respond to all applications for reinstatement but until and unless
reinstatement is granted, the suspended
importers may not participate in the
test, i.e., importers may not flag
underlying entries for reconciliation.
Importers wishing to participate in
the test are still required, as a
precondition to participation, to have a
continuous bond on file with CBP with
the required reconciliation bond rider.
An importer without the required
reconciliation bond rider will be unable
to flag underlying entries.
D. Elimination of Importer Requests
That CBP Blanket Flag on Importer’s
Behalf
This document announces that CBP is
streamlining the process for blanket
flagging underlying entries for
reconciliation. Prior to the changes
announced herein, importers provided
CBP a request asking that CBP input and
apply a blanket flag to all underlying
entries filed by the importer for a
specific time period. Importers also
identified the specific issue(s) for which
they requested that CBP input and apply
the requested blanket flag. This
document announces that effective
January 14, 2017, importers no longer
will submit requests asking that CBP
apply a blanket flag on their behalf.
Instead, importers may input and apply
a blanket flag themselves. Importers
who use blanket flagging must continue
to identify the issue(s) they are flagging.
E. Requests for Retroactive Flagging
This document announces that
beginning January 14, 2017, all test
participants may request that CBP
retroactively flag underlying entries on
their behalf. A request may be made by
sending an email to OFORECONFOLDER@cbp.dhs.gov. The
request must be made at least 60 days
before the scheduled liquidation date of
the underlying entry the importer
wishes to have CBP flag retroactively.
CBP’s decision to grant or deny such a
request is entirely discretionary and
solely within CBP’s province. CBP’s
decision is final and cannot be
appealed. CBP will send an email to the
importer or his agent when its request
is approved or denied along with a list
of the entry numbers which were
flagged and a list of the entry numbers
which were not flagged. It should be
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noted that CBP intends to grant these
requests sparingly and only as a
courtesy where appropriate.
F. Automation of the Reconciliation
Entry Filing Process and Elimination of
Spreadsheets
This document announces that
reconciliation entries filed in ACE will
be fully automated and all required data
and information must be transmitted
electronically on the reconciliation
entry. Reconciliation entries must
continue to be filed using the
Automated Broker Interface (ABI). This
document also announces that paper
and compact disc spreadsheets will no
longer be accepted as part of the filing
of reconciliation entries. The data
formerly contained in the associated
files and spreadsheets, reduced as
explained in section G below, will be
transmitted electronically as part of the
reconciliation entry.
G. Reduction of Information
Requirements for Reconciliation Entries
This document announces that
reconciliation entries with no changes
to flagged entries must only report the
flagged underlying entry numbers (no
line item data) and must be filed as an
aggregate reconciliation entry, i.e., no
entry-by-entry reconciliation entry will
be allowed when there are no changes
to declare. Reconciliation entries with
changes to the flagged entry will no
longer have to include original
transaction values, or original duties,
fees and taxes amounts declared in the
flagged entry. As a result, reconciliation
entries with changes will only have to
report the newly determined transaction
value and the newly reconciled duties,
fees and taxes. Reconciliation entries
claiming preferential tariff treatment
pursuant to a free trade agreement postimportation claim must include
electronic certifications of the
statements and declarations required by
regulation. Reconciliation entries
reconciling classification issues must
provide information indicating the
protest, administrative ruling or court
action which necessitates reconciling
the classification of the underlying
flagged entry. Reconciliation entries
flagged only for a value change must
indicate by checking a checkbox if the
value change results in a classification
change as well.
H. New Data Requirements
This document announces that
reconciliation entry filers must check a
checkbox indicating if a prior disclosure
has been made on any of the flagged
underlying entries. If no prior disclosure
was made, the checkbox should not be
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checked. Additionally, the
reconciliation entry line item data must
include the line number of the
underlying flagged entry being
reconciled.
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I. Elimination of Masterfile Extract and
Liquidation Extract Reports
This document also announces that
the Masterfile Extract and Liquidation
Extract Reports that CBP provided upon
request, for a fee, will be discontinued
in both paper and diskette form as soon
as that information is available in an
ACE report CBP will be discontinuing
the issuance of the Masterfile and
Liquidation Extract reports because the
information usually contained in these
reports will be available free of charge
in ACE reports for those parties having
an ACE Portal Account. For information
on ACE Portal Accounts please see
CBP’s general notice published in the
Federal Register on October 21, 2015
(80 FR 63817). ACE Portal Accounts
allow the trade community to run
reports, as needed, to access their
customs data. CBP will provide notice
that the information is available on an
ACE report by announcing it on the ACE
reports home page and through the
issuance of a message made on the
Cargo Systems Messaging Service
(CSMS). CBP recommends that trade
members subscribe to CSMS to receive
email notifications from CBP regarding
ACE reports and other important
information. For information about
subscribing to CSMS, please go to:
https://apps.cbp.gov/csms/csms.asp?
display_page=1.
III. 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).
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• 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 National Customs
Automation Program (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 National Customs
Automation Program 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).
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• 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
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(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
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
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
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);
Test 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, 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 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).
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
• National Customs Automation
Program (NCAP) Test Concerning
Electronic Filing of Protests in the
Automated Commercial Environment
(ACE): 81 FR 53497 (August 12, 2016).
Dated: December 7, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2016–29704 Filed 12–9–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2016–0023; OMB No.
1660–0125]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; FEMA
Preparedness Grants: Homeland
Security Grant Program (HSGP)
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
The Federal Emergency
Management Agency (FEMA) will
submit the information collection
abstracted below to the Office of
Management and Budget for review and
clearance in accordance with the
requirements of the Paperwork
Reduction Act of 1995. The submission
will describe the nature of the
information collection, the categories of
respondents, the estimated burden (i.e.,
the time, effort and resources used by
respondents to respond) and cost, and
the actual data collection instruments
FEMA will use.
DATES: Comments must be submitted on
or before January 11, 2017.
ADDRESSES: Submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the Desk Officer
for the Department of Homeland
Security, Federal Emergency
Management Agency, and sent via
electronic mail to oira.submission@
omb.eop.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Director, Records
Management Division, 500 C Street SW.,
Washington, DC 20472–3100, or email
address FEMA-Information-CollectionsManagement@fema.dhs.gov.
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89486-89490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29704]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs And Border Protection
Modification of the National Customs Automation Program Test
Regarding Reconciliation and Transition of the Test From the Automated
Commercial System to the Automated Commercial Environment
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 regarding reconciliation, and the transition of the test from the
Automated Commercial System (ACS) to the Automated Commercial
Environment (ACE). The modifications made by this notice eliminate
several requirements for participation in the test, impose new data
requirements, and establish the requirement that reconciliation entries
be filed in ACE beginning January 14, 2017, regardless of whether the
underlying entry was filed in ACS or ACE. Except to the extent
expressly announced or modified by this document, all aspects, rules,
terms and conditions announced in previous notices regarding the
reconciliation test remain in effect.
DATES: The changes made by this notice are effective January 14, 2017.
ADDRESSES: Comments concerning this test program may be submitted any
time during the test via email, with a subject line identifier reading,
``Comment on Reconciliation test'', to OFO-RECONFOLDER@cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Acenitha Kennedy, Entry Summary and
Revenue Branch, Trade Policy and Programs, Office of Trade at (202)
863-6064 or ACENITHA.KENNEDY@CBP.DHS.GOV.
SUPPLEMENTARY INFORMATION:
I. Background
A. Reconciliation
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement (NAFTA) 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) as the CBP-authorized electronic data interchange (EDI)
system. ACE is an automated and electronic system for commercial trade
processing which is intended to streamline business processes,
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while ensuring compliance with U.S.
laws and regulations and reducing costs for U.S. Customs and Border
Protection (CBP) and all of its communities of interest. The ability to
meet these objectives depends on successfully modernizing CBP's
business functions and the information technology that supports those
functions. CBP's modernization efforts are accomplished through phased
releases of ACE component functionality designed to replace specific
legacy ACS functions and add new functionality. Section 637 of the
Customs Modernization Act amended Section 484 of the Tariff Act of 1930
to establish a new section (b), entitled ``Reconciliation'', a planned
component of the NCAP. (19 U.S.C. 1484(b)).
Reconciliation is the process that allows an importer, at the time
an entry
[[Page 89487]]
summary is filed, to identify indeterminable information (other than
that affecting admissibility) to CBP and to provide that outstanding
information at a later date. The importer identifies the outstanding
information by means of an electronic ``flag'' which is placed on the
entry summary at the time the entry summary is filed and payment
(applicable duty, taxes, and fees) is made.
Section 101.9(b) of title 19 of the Code of Federal Regulations (19
CFR 101.9(b)) provides for the testing of NCAP components. See T.D. 95-
21, 60 FR 14211 (March 16, 1995). This test is established pursuant to
this regulation. The reconciliation program is currently being tested
by CBP using the Automated Commercial System (ACS). CBP announced and
explained the test in a general notice document published in the
Federal Register (63 FR 6257) on February 6, 1998. Clarifications and
operational changes were announced in subsequent Federal Register
notices: 63 FR 44303, published on August 18, 1998; 64 FR 39187,
published on July 21, 1999; 64 FR 73121, published on December 29,
1999; 66 FR 14619, published on March 13, 2001; 67 FR 61200, published
on September 27, 2002 (with a correction document published at 67 FR
68238 on November 8, 2002); 69 FR 53730, published on September 2,
2004; 70 FR 1730, published on January 10, 2005; 70 FR 46882, published
on August 11, 2005; 71 FR 37596, published on June 30, 2006, 78 FR
27984, published on May 13, 2013; and 79 FR 34334 published June 16,
2014. A Federal Register (65 FR 55326) notice published on September
13, 2000, extended the prototype indefinitely.
The previously published Federal Register documents have set forth
that the issues for which an entry summary may be ``flagged'' (for the
purpose of later reconciliation) are limited and relate to: (1) Value
issues other than claims based on latent manufacturing defects; (2)
classification issues, on a limited basis; (3) issues concerning value
aspects of entries filed under heading 9802, Harmonized Tariff Schedule
of the United States (HTSUS) (9802 issues); and (4) issues concerning
post-importation claims, under 19 U.S.C. 1520(d), for preferential
tariff treatment for merchandise entered under the Acts implementing
the North American Free Trade Agreement, the United States-Chile Free
Trade Agreement, the Dominican Republic-Central America-United States
Free Trade Agreement, the United States-Oman Free Trade Agreement, the
United States-Peru Trade Promotion Agreement, the United States-Korea
Free Trade Agreement, the United States-Colombia Trade Promotion
Agreement, and the United States-Panama Trade Promotion Agreement.
The flagged entry summary (the underlying entry summary) is
liquidated by CBP for all aspects of the entry except those issues that
were flagged. Upon liquidation of an underlying entry summary, any
decision by CBP entering into that liquidation, e.g., classification,
may be protested pursuant to 19 U.S.C. 1514. The means of providing the
outstanding information flagged on the underlying entry summary to be
reconciled is through the filing of a reconciliation entry. A
reconciliation entry is treated as an entry for purposes of
liquidation, reliquidation, and protest. When the outstanding
information, e.g., value as determined by the actual costs, is later
furnished in the reconciliation entry CBP will liquidate the
reconciliation entry as to the flagged issues. Any adjustments in
duties, taxes, and/or fees owed will be made at that time. (See 63 FR
6257, February 6, 1998 for a more detailed presentation of the basic
reconciliation process.) The liquidation of the reconciliation entry
will be posted in the same manner and place as the notices of
liquidation of other entries. Liquidation of a reconciliation entry may
be protested pursuant to 19 U.S.C. 1514, but the protest may only
pertain to the issue(s) flagged for and contained in the reconciliation
entry (i.e., the protest may not address issues previously liquidated
on the underlying entry summary).
CBP reminds test participants that the filing of a reconciliation
entry, like the filing of a regular consumption entry, is governed by
19 U.S.C. 1484 and can be done only by an importer of record who is
required to exercise reasonable care in filing the underlying entry
summary, flagging issues for later reconciliation, and filing the
reconciliation entry. Importers must also be aware of the distinction
between prior disclosure and reconciliation. A prior disclosure exists
when a person discloses the circumstances of a violation of 19 U.S.C.
1592 pursuant to CBP regulations. The person disclosing this
information must do so before, or without knowledge of, the
commencement of a formal investigation of that violation. Under
reconciliation, the importer is not disclosing a violation, but rather
identifying information which is indeterminable and will be provided at
a later time when the reconciliation entry is filed.
B. Transition Into ACE
Over the last several years, CBP has tested ACE and provided
significant public outreach to ensure that the trade community is fully
aware of the transition from ACS to ACE. On October 13, 2015, CBP
published an Interim Final Rule in the Federal Register (80 FR 61278)
that designated ACE as a CBP-authorized EDI system. The designation of
ACE as a CBP-authorized EDI system was effective November 1, 2015. In
the Interim Final Rule, CBP stated that ACS would be phased out and
anticipated that ACS would no longer be supported for entry and entry
summary filing by the end of February 2016. Filers were encouraged to
adjust their business practices so that they would be prepared when ACS
was decommissioned.
CBP has developed a staggered transition strategy for
decommissioning ACS. The first phase of the transition was announced in
a Federal Register notice published on February 29, 2016 (81 FR 10264).
The second phase was announced in a Federal Register notice published
on May 16, 2016 (81 FR 30320). The third phase of the transition was
announced in a Federal Register notice published on May 23, 2016 (81 FR
32339). Most recently, CBP announced in a Federal Register notice
published on July 28, 2016 (81 FR 49685) that ACE is the sole CBP-
authorized method for filing electronic protests. This notice announces
a further transition from ACS to ACE as CBP is transitioning the
reconciliation test from ACS to ACE. The changes made by this notice
related to the application process for participation in this test, the
flagging of underlying entries and the filing of reconciliation entries
are effective January 14, 2017. Except to the extent expressly
announced or modified by this document, all aspects, rules, terms,
requirements, obligations and conditions announced in previous notices
regarding the reconciliation test remain in effect.
II. Test Modifications and Transition Into ACE
This document announces numerous modifications to the
reconciliation test and the transition of the test from ACS to the
Automated Commercial Environment (ACE). Each modification and the
transition from ACS to ACE are discussed separately below. Except to
the extent expressly announced or modified by this document, all
aspects, rules, terms, requirements, obligations and conditions
announced in previous notices regarding the reconciliation test
[[Page 89488]]
remain in effect. It should be noted that the changes made by this
document related to the filing of reconciliation entries apply only to
reconciliation entries filed in ACE; they do not apply to
reconciliation entries filed in ACS.
A. Mandatory Use of ACE for Filing Reconciliation Entries
This document announces that beginning January 14, 2017, all
reconciliation entries must be filed in ACE regardless of whether the
underlying entry was filed in ACS or ACE and regardless of whether it
is a replacement, substitution or follow-up to a reconciliation entry
originally filed in ACS. As of January 14, 2017, ACS is decommissioned
for the filing of reconciliation entries.
B. Elimination of Reconciliation Processing Ports
This document announces that CBP is eliminating the requirement
that reconciliation entries be filed at specified reconciliation
processing ports. Beginning on January 14, 2017, reconciliation entries
may be filed in ACE at any CBP port. CBP reminds importers and customs
brokers that the filing of a reconciliation entry is considered customs
business under 19 U.S.C. 1641, which requires that a broker wishing to
file a reconciliation entry have a district or national permit
authorizing the broker to file the reconciliation entry at the port
where the reconciliation entry is filed.
C. Application Process and Participation Preconditions
This document announces that, except for suspended parties wishing
to be reinstated into the test, CBP is removing the requirement that
interested importers apply to participate in this test. Beginning
January 14, 2017, CBP is opening this test to all non-suspended
importers without any need for interested importers to apply and be
accepted into the test. The only importers who may not participate in
this test, i.e., not flag underlying entries for reconciliation, are
those who have been suspended from participation. Any party suspended
from the test will not be allowed to flag entries until the suspension
period ends and the party applies for reinstatement and reinstatement
is granted. Suspended importers are still required to file
reconciliation entries timely during the suspension period for
underlying entries flagged prior to the suspension becoming effective.
Any party suspended from the test who wishes to be reinstated must
submit an application to its assigned Center of Excellence and
Expertise designee if it has one; otherwise the application should be
submitted at the local CBP port. The application for reinstatement must
address the reasons for the suspension and fully describe all
corrective action taken to address the grounds for suspension. CBP will
respond to all applications for re-instatement but until and unless
reinstatement is granted, the suspended importers may not participate
in the test, i.e., importers may not flag underlying entries for
reconciliation.
Importers wishing to participate in the test are still required, as
a precondition to participation, to have a continuous bond on file with
CBP with the required reconciliation bond rider. An importer without
the required reconciliation bond rider will be unable to flag
underlying entries.
D. Elimination of Importer Requests That CBP Blanket Flag on Importer's
Behalf
This document announces that CBP is streamlining the process for
blanket flagging underlying entries for reconciliation. Prior to the
changes announced herein, importers provided CBP a request asking that
CBP input and apply a blanket flag to all underlying entries filed by
the importer for a specific time period. Importers also identified the
specific issue(s) for which they requested that CBP input and apply the
requested blanket flag. This document announces that effective January
14, 2017, importers no longer will submit requests asking that CBP
apply a blanket flag on their behalf. Instead, importers may input and
apply a blanket flag themselves. Importers who use blanket flagging
must continue to identify the issue(s) they are flagging.
E. Requests for Retroactive Flagging
This document announces that beginning January 14, 2017, all test
participants may request that CBP retroactively flag underlying entries
on their behalf. A request may be made by sending an email to OFO-RECONFOLDER@cbp.dhs.gov. The request must be made at least 60 days
before the scheduled liquidation date of the underlying entry the
importer wishes to have CBP flag retroactively. CBP's decision to grant
or deny such a request is entirely discretionary and solely within
CBP's province. CBP's decision is final and cannot be appealed. CBP
will send an email to the importer or his agent when its request is
approved or denied along with a list of the entry numbers which were
flagged and a list of the entry numbers which were not flagged. It
should be noted that CBP intends to grant these requests sparingly and
only as a courtesy where appropriate.
F. Automation of the Reconciliation Entry Filing Process and
Elimination of Spreadsheets
This document announces that reconciliation entries filed in ACE
will be fully automated and all required data and information must be
transmitted electronically on the reconciliation entry. Reconciliation
entries must continue to be filed using the Automated Broker Interface
(ABI). This document also announces that paper and compact disc
spreadsheets will no longer be accepted as part of the filing of
reconciliation entries. The data formerly contained in the associated
files and spreadsheets, reduced as explained in section G below, will
be transmitted electronically as part of the reconciliation entry.
G. Reduction of Information Requirements for Reconciliation Entries
This document announces that reconciliation entries with no changes
to flagged entries must only report the flagged underlying entry
numbers (no line item data) and must be filed as an aggregate
reconciliation entry, i.e., no entry-by-entry reconciliation entry will
be allowed when there are no changes to declare. Reconciliation entries
with changes to the flagged entry will no longer have to include
original transaction values, or original duties, fees and taxes amounts
declared in the flagged entry. As a result, reconciliation entries with
changes will only have to report the newly determined transaction value
and the newly reconciled duties, fees and taxes. Reconciliation entries
claiming preferential tariff treatment pursuant to a free trade
agreement post-importation claim must include electronic certifications
of the statements and declarations required by regulation.
Reconciliation entries reconciling classification issues must provide
information indicating the protest, administrative ruling or court
action which necessitates reconciling the classification of the
underlying flagged entry. Reconciliation entries flagged only for a
value change must indicate by checking a checkbox if the value change
results in a classification change as well.
H. New Data Requirements
This document announces that reconciliation entry filers must check
a checkbox indicating if a prior disclosure has been made on any of the
flagged underlying entries. If no prior disclosure was made, the
checkbox should not be
[[Page 89489]]
checked. Additionally, the reconciliation entry line item data must
include the line number of the underlying flagged entry being
reconciled.
I. Elimination of Masterfile Extract and Liquidation Extract Reports
This document also announces that the Masterfile Extract and
Liquidation Extract Reports that CBP provided upon request, for a fee,
will be discontinued in both paper and diskette form as soon as that
information is available in an ACE report CBP will be discontinuing the
issuance of the Masterfile and Liquidation Extract reports because the
information usually contained in these reports will be available free
of charge in ACE reports for those parties having an ACE Portal
Account. For information on ACE Portal Accounts please see CBP's
general notice published in the Federal Register on October 21, 2015
(80 FR 63817). ACE Portal Accounts allow the trade community to run
reports, as needed, to access their customs data. CBP will provide
notice that the information is available on an ACE report by announcing
it on the ACE reports home page and through the issuance of a message
made on the Cargo Systems Messaging Service (CSMS). CBP recommends that
trade members subscribe to CSMS to receive email notifications from CBP
regarding ACE reports and other important information. For information
about subscribing to CSMS, please go to: https://apps.cbp.gov/csms/csms.asp?display_page=1.
III. 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 National Customs Automation Program (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 National Customs Automation Program 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
[[Page 89490]]
(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 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); Test 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, 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 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).
National Customs Automation Program (NCAP) Test Concerning
Electronic Filing of Protests in the Automated Commercial Environment
(ACE): 81 FR 53497 (August 12, 2016).
Dated: December 7, 2016.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-29704 Filed 12-9-16; 8:45 am]
BILLING CODE 9111-14-P