Extension and Clarification of Test Program Regarding Electronic Foreign Trade Zone Admission Applications and Transition of Test From the Automated Commercial System to the Automated Commercial Environment, 38923-38924 [2017-17320]
Download as PDF
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
I. Background
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Extension and Clarification of Test
Program Regarding Electronic Foreign
Trade Zone Admission Applications
and Transition of Test From the
Automated Commercial System to the
Automated Commercial Environment
U.S. Customs and Border
Protection, Department of Homeland
Security.
AGENCY:
ACTION:
General notice.
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to extend a test program for
submitting electronic Foreign Trade
Zone (FTZ) admission applications to
CBP via the Automated Broker Interface
(ABI). This notice further announces a
clarification regarding the data elements
that are required for the submission of
an FTZ admission application, as well
as the transition of the test program
from the Automated Commercial
System (ACS) to the Automated
Commercial Environment (ACE).
SUMMARY:
As of September 16, 2017, ACE
will be the sole CBP-authorized
electronic data interchange (EDI) system
for processing electronic FTZ admission
applications.
The test will continue until
concluded by way of announcement in
the Federal Register. Comments
concerning this notice and any aspect of
the prototype may be submitted at any
time during the test period.
DATES:
Written comments
regarding this notice may be submitted
via email to Lydia Jackson at
Lydia.A.Jackson@cbp.dhs.gov, or via
mail to the Cargo Control Branch, Office
of Field Operations, U.S. Customs and
Border Protection, 1300 Pennsylvania
Avenue NW., Room 5.2C, Washington,
DC 20229.
ADDRESSES:
For
operational questions, contact Lydia
Jackson, Cargo & Conveyance Security,
Office of Field Operations, U.S. Customs
and Border Protection, via email at
Lydia.A.Jackson@cbp.dhs.gov. For
technical questions, contact Tonya
Perez, Cargo Systems Program
Directorate, Office of Information and
Technology, U.S. Customs and Border
Protection, via email at Tonya.M.Perez@
cbp.dhs.gov.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:33 Aug 15, 2017
Jkt 241001
A. Electronic Foreign Trade Zone
Admission Application Test Program:
Planned Component of the National
Customs Automation Program
The National Customs Automation
Program (NCAP) was established in
Subtitle B of Title VI—Customs
Modernization (‘‘Customs
Modernization Act’’), North American
Free Trade Agreement Implementation
Act (Pub. L. 103–182, 107 Stat. 2057,
Dec. 8, 1993) (19 U.S.C. 1411). 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 6, 1995).
On August 19, 2005, U.S. Customs
and Border Protection (CBP) announced
a test regarding the submission of an
electronic version of CBP Form 214
(‘‘Application for Foreign-Trade Zone
Admission and/or Status Designation’’)
via the Automated Broker Interface
(ABI) to the Automated Commercial
System (ACS), which was published in
the Federal Register (70 FR 48774). The
electronic Foreign Trade Zone (FTZ)
admission application prototype is
currently being tested in ACS in
accordance with 19 CFR 101.9(b). The
test program initially allowed for
electronic FTZ admission applications
for merchandise reported to CBP via air,
sea, and rail manifest. Since 2006, the
option of submitting admission
applications for merchandise reported
to CBP via truck manifest has been
available as well.
The notice described the test program
in detail, identified the regulatory
provisions suspended for the test, and
set forth the test commencement date as
no earlier than September 30, 2005,
with a test period of approximately 6
months. The test notice also set forth the
prototype procedures and listed the
required data elements which must be
provided to CBP when filing an FTZ
admission application. Participants
were required to participate in an
evaluation of this test to take place at
the end of the 6-month period.
Due to low participation in the test
program and insufficient data collected,
CBP announced on March 26, 2007 in
the Federal Register (72 FR 14128) that
the test should be run again. The new
test program was intended to encourage
greater participation by the trade and
thereby provide more meaningful data
to CBP to assess the feasibility of
implementing the test program on a
permanent basis. A final evaluation was
to take place at the end of the test
period.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
38923
B. Transition Into the Automated
Commercial Environment (ACE)
ACE, the planned successor to ACS, is
an automated and electronic system for
processing commercial trade data 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 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. ABI enables members
of the trade community to file
electronically required import data with
CBP and transfers that data to 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 electronic data
interchange (EDI) system, to be 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). This notice announces a
further transition as CBP is transitioning
the FTZ admission application test from
ACS to ACE.
II. Test Modifications and Transition
Into ACE
This test notice announces the
transition of the test program from ACS
to ACE, a clarification regarding data
elements that are required, and the
extension of the duration of the test
program. Each change is 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
E:\FR\FM\16AUN1.SGM
16AUN1
38924
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
notices regarding the test remain in
effect.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
A. Mandatory Use of ACE for Electronic
Filing of FTZ Admission Applications
This document announces that
beginning on September 16, 2017, all
test participants must file electronic
FTZ admission applications in ACE. All
other filers will continue to submit FTZ
admission applications to CBP on paper.
As of September 16, 2017, ACS is
decommissioned for the electronic filing
of these applications.
B. Clarification
This document announces a
clarification to the notice published in
the Federal Register on August 19,
2005. The list of data elements which
test participants must provide CBP
when filing an electronic FTZ
admission application contained in that
notice inadvertently failed to include
the data element ‘‘Zone ID’’ which
replaced the ‘‘Zone Number and
Location (Address)’’ requirement on the
paper CBP Form 214 (Question 1). This
notice clarifies that the list of data
elements required for the electronic FTZ
admission application must include the
‘‘Zone ID’’. Test participants have been
submitting this data element since the
inception of the test program.
Further, this document reminds test
participants that they must provide the
data elements ‘‘Steel Import License
Number’’ and ‘‘Kimberley Process
Certificate Number’’ to CBP, as
applicable, when filing an electronic
FTZ admission application, as required
by CSMS message (CSMS #14–000641)
dated December 15, 2014. Under 19 CFR
12.145 and 360.101(c), the steel import
license number needs to be provided on
CBP Form 214 at the time of filing under
19 CFR part 146, in the case of
merchandise admitted into an FTZ. The
Kimberley Process Certificate must be
presented in connection with an
importation of rough diamonds into an
FTZ and exportation out of an FTZ if
demanded by a CBP official according to
31 CFR 592.404 and 592.301. Pursuant
to 31 CFR 592.301 Note 3, when making
entry of a shipment of rough diamonds
via ABI, the customs broker, importer or
filer must submit the unique identifying
number of the Kimberley Process
Certificate accompanying the shipment.
C. Extension of Program
The test has been running
continuously since March 26, 2007. CBP
announces in this notice that it is
extending the test until a decision is
reached to implement the program on a
permanent basis and/or to conclude the
test. The new test program is intended
VerDate Sep<11>2014
18:33 Aug 15, 2017
Jkt 241001
to encourage greater participation in the
test program by the trade and thereby
provide CBP with more meaningful data
by which to assess the feasibility of
implementing the program on a
permanent basis. CBP will inform the
public of its decision to conclude the
test program, and if the test program
was successful, to implement it on a
permanent basis, by way of
announcement in the Federal Register.
Dated: August 10, 2017.
Todd C. Owen,
Executive Assistant Commissioner, Office of
Field Operations.
[FR Doc. 2017–17320 Filed 8–15–17; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment
(ACE) Becoming the Sole CBPAuthorized Electronic Data
Interchange (EDI) System for
Processing 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 CBP for processing
electronic drawback and duty deferral
entry and entry summary filings. The
date for the changes announced in that
notice had been delayed indefinitely.
This notice announces the new date for
the transition of duty deferral entry and
entry summary filings. The transition
for processing electronic drawback
filings will be announced in the Federal
Register at a later date.
DATES: As of September 16, 2017, ACE
will be the sole CBP-authorized EDI
system for processing duty deferral
entry and entry summary filings, and
the Automated Commercial System
(ACS) will no longer be a CBPauthorized EDI system for 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 Duty Deferral Entry and Entry
Summary Filings Transition.’’
SUMMARY:
PO 00000
Frm 00050
Fmt 4703
Sfmt 9990
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 CBP for processing
electronic drawback and duty deferral
entry and entry summary filings, with
an effective date of 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. Thereafter, on December
12, 2016, CBP published a notice in the
Federal Register (81 FR 89486)
announcing that the new effective date
for the transition would be January 14,
2017. On January 17, 2017, CBP
published an additional notice in the
Federal Register (82 FR 4900) delaying
the effective date for the transition until
further notice. Then, on June 8, 2017,
CBP published a notice in the Federal
Register (82 FR 26698) announcing that
the new effective date for the transition
would be July 8, 2017. Thereafter, on
June 30, 2017, CBP published a notice
in the Federal Register (82 FR 29910)
delaying the effective date for the
transition until further notice.
This notice announces that beginning
September 16, 2017, ACE will become
the sole CBP-authorized EDI system for
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.
The transition date for processing
electronic drawback filings will be
announced in a separate Federal
Register Notice at a later date.
SUPPLEMENTARY INFORMATION:
Dated: August 11, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2017–17319 Filed 8–15–17; 8:45 am]
BILLING CODE 9111–14–P
E:\FR\FM\16AUN1.SGM
16AUN1
Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38923-38924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17320]
[[Page 38923]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Extension and Clarification of Test Program Regarding Electronic
Foreign Trade Zone Admission Applications and Transition of 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 extend a test program for submitting electronic Foreign
Trade Zone (FTZ) admission applications to CBP via the Automated Broker
Interface (ABI). This notice further announces a clarification
regarding the data elements that are required for the submission of an
FTZ admission application, as well as the transition of the test
program from the Automated Commercial System (ACS) to the Automated
Commercial Environment (ACE).
DATES: As of September 16, 2017, ACE will be the sole CBP-authorized
electronic data interchange (EDI) system for processing electronic FTZ
admission applications.
The test will continue until concluded by way of announcement in
the Federal Register. Comments concerning this notice and any aspect of
the prototype may be submitted at any time during the test period.
ADDRESSES: Written comments regarding this notice may be submitted via
email to Lydia Jackson at Lydia.A.Jackson@cbp.dhs.gov, or via mail to
the Cargo Control Branch, Office of Field Operations, U.S. Customs and
Border Protection, 1300 Pennsylvania Avenue NW., Room 5.2C, Washington,
DC 20229.
FOR FURTHER INFORMATION CONTACT: For operational questions, contact
Lydia Jackson, Cargo & Conveyance Security, Office of Field Operations,
U.S. Customs and Border Protection, via email at
Lydia.A.Jackson@cbp.dhs.gov. For technical questions, contact Tonya
Perez, Cargo Systems Program Directorate, Office of Information and
Technology, U.S. Customs and Border Protection, via email at
Tonya.M.Perez@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Electronic Foreign Trade Zone Admission Application Test Program:
Planned Component of the National Customs Automation Program
The National Customs Automation Program (NCAP) was established in
Subtitle B of Title VI--Customs Modernization (``Customs Modernization
Act''), North American Free Trade Agreement Implementation Act (Pub. L.
103-182, 107 Stat. 2057, Dec. 8, 1993) (19 U.S.C. 1411). 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 6, 1995).
On August 19, 2005, U.S. Customs and Border Protection (CBP)
announced a test regarding the submission of an electronic version of
CBP Form 214 (``Application for Foreign-Trade Zone Admission and/or
Status Designation'') via the Automated Broker Interface (ABI) to the
Automated Commercial System (ACS), which was published in the Federal
Register (70 FR 48774). The electronic Foreign Trade Zone (FTZ)
admission application prototype is currently being tested in ACS in
accordance with 19 CFR 101.9(b). The test program initially allowed for
electronic FTZ admission applications for merchandise reported to CBP
via air, sea, and rail manifest. Since 2006, the option of submitting
admission applications for merchandise reported to CBP via truck
manifest has been available as well.
The notice described the test program in detail, identified the
regulatory provisions suspended for the test, and set forth the test
commencement date as no earlier than September 30, 2005, with a test
period of approximately 6 months. The test notice also set forth the
prototype procedures and listed the required data elements which must
be provided to CBP when filing an FTZ admission application.
Participants were required to participate in an evaluation of this test
to take place at the end of the 6-month period.
Due to low participation in the test program and insufficient data
collected, CBP announced on March 26, 2007 in the Federal Register (72
FR 14128) that the test should be run again. The new test program was
intended to encourage greater participation by the trade and thereby
provide more meaningful data to CBP to assess the feasibility of
implementing the test program on a permanent basis. A final evaluation
was to take place at the end of the test period.
B. Transition Into the Automated Commercial Environment (ACE)
ACE, the planned successor to ACS, is an automated and electronic
system for processing commercial trade data 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 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. ABI
enables members of the trade community to file electronically required
import data with CBP and transfers that data to 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 electronic data interchange
(EDI) system, to be 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). This notice announces a further transition as CBP is
transitioning the FTZ admission application test from ACS to ACE.
II. Test Modifications and Transition Into ACE
This test notice announces the transition of the test program from
ACS to ACE, a clarification regarding data elements that are required,
and the extension of the duration of the test program. Each change is
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
[[Page 38924]]
notices regarding the test remain in effect.
A. Mandatory Use of ACE for Electronic Filing of FTZ Admission
Applications
This document announces that beginning on September 16, 2017, all
test participants must file electronic FTZ admission applications in
ACE. All other filers will continue to submit FTZ admission
applications to CBP on paper. As of September 16, 2017, ACS is
decommissioned for the electronic filing of these applications.
B. Clarification
This document announces a clarification to the notice published in
the Federal Register on August 19, 2005. The list of data elements
which test participants must provide CBP when filing an electronic FTZ
admission application contained in that notice inadvertently failed to
include the data element ``Zone ID'' which replaced the ``Zone Number
and Location (Address)'' requirement on the paper CBP Form 214
(Question 1). This notice clarifies that the list of data elements
required for the electronic FTZ admission application must include the
``Zone ID''. Test participants have been submitting this data element
since the inception of the test program.
Further, this document reminds test participants that they must
provide the data elements ``Steel Import License Number'' and
``Kimberley Process Certificate Number'' to CBP, as applicable, when
filing an electronic FTZ admission application, as required by CSMS
message (CSMS #14-000641) dated December 15, 2014. Under 19 CFR 12.145
and 360.101(c), the steel import license number needs to be provided on
CBP Form 214 at the time of filing under 19 CFR part 146, in the case
of merchandise admitted into an FTZ. The Kimberley Process Certificate
must be presented in connection with an importation of rough diamonds
into an FTZ and exportation out of an FTZ if demanded by a CBP official
according to 31 CFR 592.404 and 592.301. Pursuant to 31 CFR 592.301
Note 3, when making entry of a shipment of rough diamonds via ABI, the
customs broker, importer or filer must submit the unique identifying
number of the Kimberley Process Certificate accompanying the shipment.
C. Extension of Program
The test has been running continuously since March 26, 2007. CBP
announces in this notice that it is extending the test until a decision
is reached to implement the program on a permanent basis and/or to
conclude the test. The new test program is intended to encourage
greater participation in the test program by the trade and thereby
provide CBP with more meaningful data by which to assess the
feasibility of implementing the program on a permanent basis. CBP will
inform the public of its decision to conclude the test program, and if
the test program was successful, to implement it on a permanent basis,
by way of announcement in the Federal Register.
Dated: August 10, 2017.
Todd C. Owen,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2017-17320 Filed 8-15-17; 8:45 am]
BILLING CODE 9111-14-P