Modification of the National Customs Automation Program (NCAP) Test Regarding Reconciliation and Transition of the Test From the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE), 2645-2646 [2018-00802]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices
III. ACE as the Sole CBP-Authorized
EDI System for the Processing of
Electronic Filings of NAFTA Drawback
and Non-TFTEA-Drawback
This notice announces that, beginning
February 24, 2018, ACE will become the
sole CBP-authorized EDI system for
electronic filings of NAFTA drawback
(19 CFR part 181) and non-TFTEA
drawback (19 CFR part 191), and ACS
will no longer be a CBP-authorized EDI
system for purposes of processing these
electronic filings. A separate Federal
Register document will be published
containing proposed regulations
regarding TFTEA-Drawback claims,
which are those claims filed under 19
U.S.C. 1313, as amended by the Trade
Facilitation and Trade Enforcement Act
of 2015 (TFTEA) (Pub. L. 114–125, 130
Stat. 122, February 24, 2016). The
electronic filings referred to in this
document, i.e., non-TFTEA drawback
claims, are limited to drawback claims
filed in compliance with the regulations
in parts 181 and 191 and under 19
U.S.C. 1313, as it was in effect prior to
the TFTEA amendments.
IV. Deployment of New Filing Code for
Drawback in ACE
CBP announces the deployment of a
new ACE filing code 47 for drawback as
of February 24, 2018, which will replace
the following six drawback codes
previously filed in ACS:
• 41—Direct Identification
Manufacturing Drawback
• 42—Direct Identification Unused
Merchandise Drawback
• 43—Rejected Merchandise Drawback
• 44—Substitution Manufacturing
Drawback
• 45—Substitution Unused
Merchandise Drawback
• 46—Other Drawback
V. Entry Types With Low Shipment
Volume
sradovich on DSK3GMQ082PROD with NOTICES
This notice announces that the
following entry types will not be
automated in either ACS or ACE due to
low shipment volume:
•
•
•
•
•
•
•
•
•
04—Appraisement
05—Vessel—Repair
24—Trade Fair
25—Permanent Exhibition
26—Warehouse—Foreign Trade Zone
(FTZ) (Admission)
33—Aircraft and Vessel Supply (For
Immediate Exportation)
64—Barge Movement
65—Permit To Proceed
66—Baggage
VerDate Sep<11>2014
18:27 Jan 17, 2018
Jkt 244001
Dated: January 12, 2018.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2018–00803 Filed 1–17–18; 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 (NCAP) Test
Regarding Reconciliation and
Transition of the Test From the
Automated Commercial System (ACS)
to the Automated Commercial
Environment (ACE)
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
that certain previously announced
modifications to the National Customs
Automation Program (NCAP) test
regarding reconciliation will become
operational, and that the test program
will transition from the Automated
Commercial System (ACS) to the
Automated Commercial Environment
(ACE).
DATES: As of February 24, 2018, the
modifications to the reconciliation test
will become operational. As of the same
date, the test will transition into ACE,
and ACS will be decommissioned for
the filing of reconciliation entries.
ADDRESSES: Comments concerning this
test program may be submitted via
email, with a subject line identifier
reading, ‘‘Comment on Reconciliation
test’’ to OFO-RECONFOLDER@
cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Randy Mitchell, Commercial Operations
and Entry Division, Trade Policy and
Programs, Office of Trade at (202) 863–
6532 or RANDY.MITCHELL@
CBP.DHS.GOV.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
A. Reconciliation Test Program
Title VI of the North American Free
Trade Agreement (NAFTA)
Implementation Act (Pub. L. 103–182,
107 Stat. 2057, 2170, December 8, 1993),
commonly known as the Customs
Modernization Act or Mod Act,
amended the Tariff Act of 1930 and
related laws, in part, to increase
voluntary compliance with customs
laws and improvements to customs
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
2645
enforcement. Subtitle B of Title VI
established the National Customs
Automation Program (NCAP) which is
an automated and electronic system for
processing commercial importations,
and includes the testing of existing and
planned components. (19 U.S.C. 1411).
Section 637 of the Mod 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), 19
U.S.C. 1411(a)(2)(C)).
Reconciliation is the process that
allows an importer, at the time an entry
summary is filed, to identify
indeterminable information (other than
that affecting admissibility) to U.S.
Customs and Border Protection (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). The
reconciliation test was established
pursuant to this regulation, and is
currently being tested in the Automated
Commercial System (ACS). CBP
announced and explained the test in a
general notice 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
(August 18, 1998); 64 FR 39187 (July 21,
1999); 64 FR 73121 (December 29,
1999); 66 FR 14619 (March 13, 2001); 67
FR 61200 (September 27, 2002) (with a
correction document published at 67 FR
68238 (November 8, 2002)); 69 FR 53730
(September 2, 2004); 70 FR 1730
(January 10, 2005); 70 FR 46882 (August
11, 2005); 71 FR 37596 (June 30, 2006);
78 FR 27984 (May 13, 2013); and 79 FR
34334 (June 16, 2014). On September
13, 2000, CBP extended the test
indefinitely in a notice published in the
Federal Register (65 FR 55326).
B. Transition to the Automated
Commercial Environment
The Security and Accountability for
Every (SAFE) Port Act of 2006 (Pub. L.
109–347, 120 Stat. 1884) modified the
Mod Act and added subsection (d) to 19
U.S.C. 1411. This subsection established
the International Trade Data System
(ITDS) which allows for the collection
and distribution of standard import and
export data required by CBP through a
single portal system. The Automated
E:\FR\FM\18JAN1.SGM
18JAN1
2646
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
Commercial Environment (ACE), the
‘‘single window,’’ 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 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.
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, 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.
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 to give the trade additional time to
adjust their business practices. The
phases of the transition were announced
in several Federal Register notices. See
81 FR 10264 (February 29, 2016); 81 FR
30320 (May 16, 2016); 81 FR 32339
(May 23, 2016); 82 FR 38924 (August 16,
2017); and 82 FR 51852 (November 8,
2017). This notice announces a further
transition as CBP is transitioning the
reconciliation test from ACS to ACE.
C. Modifications of the Reconciliation
Test
On December 12, 2016, CBP
published a notice in the Federal
Register (81 FR 89486) announcing
modifications to the reconciliation test
and the transition of the test from ACS
to ACE, effective January 14, 2017. On
January 17, 2017, CBP published a
notice in the Federal Register (82 FR
4901) announcing that the effective date
for the test modifications and transition
would be delayed indefinitely. Then, on
June 8, 2017, CBP published a notice in
the Federal Register (82 FR 26699)
announcing that the modifications to
the test and the transition would be
effective on July 8, 2017. Subsequently,
on June 30, 2017, CBP published a
notice in the Federal Register (82 FR
29910) announcing that the effective
VerDate Sep<11>2014
18:27 Jan 17, 2018
Jkt 244001
date for the modifications to the
reconciliation test and for mandatory
filing of reconciliation entries in ACE
had been delayed until further notice.
II. Announcement of Reconciliation
Test Transitioning Into ACE and
Modifications to Test Becoming
Operational
This notice announces that, beginning
February 24, 2018, 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, and ACS is
decommissioned for the filing of such
entries. In addition, as of February 24,
2018, the test modifications announced
in the December 12, 2016 notice will
become operational.
Dated: January 12, 2018.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2018–00802 Filed 1–17–18; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2011–0108]
RIN 1601–ZA11
Identification of Foreign Countries
Whose Nationals Are Eligible To
Participate in the H–2A and H–2B
Nonimmigrant Worker Programs
Office of the Secretary, DHS.
Notice.
AGENCY:
ACTION:
Under Department of
Homeland Security (DHS) regulations,
U.S. Citizenship and Immigration
Services (USCIS) may generally only
approve petitions for H–2A and H–2B
nonimmigrant status for nationals of
countries that the Secretary of
Homeland Security, with the
concurrence of the Secretary of State,
has designated by notice published in
the Federal Register. That notice must
be renewed each year. This notice
announces that the Secretary of
Homeland Security, in consultation
with the Secretary of State, is
identifying 83 countries whose
nationals are eligible to participate in
the H–2A program and 82 countries
whose nationals are eligible to
participate in the H–2B program for the
coming year.
DATES: Effective Date: This notice is
effective January 18, 2018, and shall be
without effect after January 18, 2019.
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
Eric
B. Johnson, Office of Policy, Department
of Homeland Security, Washington, DC
20528, (202) 282–8652.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Generally, USCIS may approve H–2A
and H–2B petitions for nationals of only
those countries 1 that the Secretary of
Homeland Security, with the
concurrence of the Secretary of State,
has designated as participating
countries. Such designation must be
published as a notice in the Federal
Register and expires after one year.
USCIS, however, may allow a national
from a country not on the list to be
named as a beneficiary of an H–2A or
H–2B petition based on a determination
that such participation is in the U.S.
interest. See 8 CFR 214.2(h)(5)(i)(F) and
8 CFR 214.2(h)(6)(i)(E).
In designating countries to include on
the list, the Secretary of Homeland
Security, with the concurrence of the
Secretary of State, will take into account
factors including, but not limited to: (1)
The country’s cooperation with respect
to issuance of travel documents for
citizens, subjects, nationals, and
residents of that country who are subject
to a final order of removal; (2) the
number of final and unexecuted orders
of removal against citizens, subjects,
nationals, and residents of that country;
(3) the number of orders of removal
executed against citizens, subjects,
nationals, and residents of that country;
and (4) such other factors as may serve
the U.S. interest. See 8 CFR
214.2(h)(5)(i)(F)(1)(i) and 8 CFR
214.2(h)(6)(i)(E)(1). Examples of factors
serving the U.S. interest that could
result in the non-inclusion of a country
or the removal of a country from the list
include, but are not limited to, fraud,
abuse, overstay rates, and noncompliance with the terms and
conditions of the H–2 visa programs by
nationals of that country.
In December 2008, DHS published in
the Federal Register two notices,
‘‘Identification of Foreign Countries
1 With respect to all references to ‘‘country’’ or
‘‘countries’’ in this document, it should be noted
that the Taiwan Relations Act of 1979, Public Law
96–8, Section 4(b)(1), provides that ‘‘[w]henever the
laws of the United States refer or relate to foreign
countries, nations, states, governments, or similar
entities, such terms shall include and such laws
shall apply with respect to Taiwan.’’ 22 U.S.C.
3303(b)(1). Accordingly, all references to ‘‘country’’
or ‘‘countries’’ in the regulations governing whether
nationals of a country are eligible for H–2 program
participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8
CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan.
This is consistent with the United States’ one-China
policy, under which the United States has
maintained unofficial relations with Taiwan since
1979.
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2645-2646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00802]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Modification of the National Customs Automation Program (NCAP)
Test Regarding Reconciliation and Transition of the Test From the
Automated Commercial System (ACS) to the Automated Commercial
Environment (ACE)
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that certain previously announced
modifications to the National Customs Automation Program (NCAP) test
regarding reconciliation will become operational, and that the test
program will transition from the Automated Commercial System (ACS) to
the Automated Commercial Environment (ACE).
DATES: As of February 24, 2018, the modifications to the reconciliation
test will become operational. As of the same date, the test will
transition into ACE, and ACS will be decommissioned for the filing of
reconciliation entries.
ADDRESSES: Comments concerning this test program may be submitted via
email, with a subject line identifier reading, ``Comment on
Reconciliation test'' to [email protected].
FOR FURTHER INFORMATION CONTACT: Randy Mitchell, Commercial Operations
and Entry Division, Trade Policy and Programs, Office of Trade at (202)
863-6532 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Reconciliation Test Program
Title VI of the North American Free Trade Agreement (NAFTA)
Implementation Act (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8,
1993), commonly known as the Customs Modernization Act or Mod Act,
amended the Tariff Act of 1930 and related laws, in part, to increase
voluntary compliance with customs laws and improvements to customs
enforcement. Subtitle B of Title VI established the National Customs
Automation Program (NCAP) which is an automated and electronic system
for processing commercial importations, and includes the testing of
existing and planned components. (19 U.S.C. 1411). Section 637 of the
Mod 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), 19 U.S.C. 1411(a)(2)(C)).
Reconciliation is the process that allows an importer, at the time
an entry summary is filed, to identify indeterminable information
(other than that affecting admissibility) to U.S. Customs and Border
Protection (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). The reconciliation test was
established pursuant to this regulation, and is currently being tested
in the Automated Commercial System (ACS). CBP announced and explained
the test in a general notice 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 (August
18, 1998); 64 FR 39187 (July 21, 1999); 64 FR 73121 (December 29,
1999); 66 FR 14619 (March 13, 2001); 67 FR 61200 (September 27, 2002)
(with a correction document published at 67 FR 68238 (November 8,
2002)); 69 FR 53730 (September 2, 2004); 70 FR 1730 (January 10, 2005);
70 FR 46882 (August 11, 2005); 71 FR 37596 (June 30, 2006); 78 FR 27984
(May 13, 2013); and 79 FR 34334 (June 16, 2014). On September 13, 2000,
CBP extended the test indefinitely in a notice published in the Federal
Register (65 FR 55326).
B. Transition to the Automated Commercial Environment
The Security and Accountability for Every (SAFE) Port Act of 2006
(Pub. L. 109-347, 120 Stat. 1884) modified the Mod Act and added
subsection (d) to 19 U.S.C. 1411. This subsection established the
International Trade Data System (ITDS) which allows for the collection
and distribution of standard import and export data required by CBP
through a single portal system. The Automated
[[Page 2646]]
Commercial Environment (ACE), the ``single window,'' 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 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.
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, 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. 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 to give the trade additional time to adjust their
business practices. The phases of the transition were announced in
several Federal Register notices. See 81 FR 10264 (February 29, 2016);
81 FR 30320 (May 16, 2016); 81 FR 32339 (May 23, 2016); 82 FR 38924
(August 16, 2017); and 82 FR 51852 (November 8, 2017). This notice
announces a further transition as CBP is transitioning the
reconciliation test from ACS to ACE.
C. Modifications of the Reconciliation Test
On December 12, 2016, CBP published a notice in the Federal
Register (81 FR 89486) announcing modifications to the reconciliation
test and the transition of the test from ACS to ACE, effective January
14, 2017. On January 17, 2017, CBP published a notice in the Federal
Register (82 FR 4901) announcing that the effective date for the test
modifications and transition would be delayed indefinitely. Then, on
June 8, 2017, CBP published a notice in the Federal Register (82 FR
26699) announcing that the modifications to the test and the transition
would be effective on July 8, 2017. Subsequently, on June 30, 2017, CBP
published a notice in the Federal Register (82 FR 29910) announcing
that the effective date for the modifications to the reconciliation
test and for mandatory filing of reconciliation entries in ACE had been
delayed until further notice.
II. Announcement of Reconciliation Test Transitioning Into ACE and
Modifications to Test Becoming Operational
This notice announces that, beginning February 24, 2018, 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, and ACS is decommissioned for the filing of
such entries. In addition, as of February 24, 2018, the test
modifications announced in the December 12, 2016 notice will become
operational.
Dated: January 12, 2018.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2018-00802 Filed 1-17-18; 8:45 am]
BILLING CODE 9111-14-P
