Test Concerning Entry of Section 321 Low-Valued Shipments Through Automated Commercial Environment (ACE), 40079-40082 [2019-17243]
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices
substantive domains, including effects
on data quality (as measured by
outcomes such as unit nonresponse,
item nonresponse, and survey
responses), questionnaire timing, data
collection efficiency, and possible
differences in reporting of substance use
or mental health items.
During FT data collection from
August through November 2020,
conducted separately from ongoing 2020
NSDUH main study data collection at
that time, screenings will be completed
with approximately 8,110 Englishspeaking respondents in the contiguous
United States. (Alaska and Hawaii are
excluded from the FT to control study
costs.) From those screenings,
approximately 4,000 respondents, as
representatives of the civilian,
noninstitutional population aged 12
years old or older, are expected to
complete a FT interview using the
revised questionnaire and materials.
For the NSDUH FT screening,
revisions may include: (1) A revised
roster structure; (2) various wording
edits to improve respondent
comprehension and flow; (3) the use of
revised materials, such as the lead letter,
study description and question &
answer brochure; (4) a conditional test
of a $5 screening incentive to assess
impact on response rates; and (5) the
inclusion of two outcome questions on
past month alcohol and past month
cigarette use at the end of the screening
to assess nonresponse bias from the
screening incentive.
For the NSDUH FT interview,
revisions may include: (1) A conditional
test of a $50 interview incentive to
assess impact on response rates; (2)
revisions to the DSM–5-based SUD
module as a result of prior testing in the
CVS; (3) the inclusion of new modules
on substance use treatment and mental
health service utilization; (4) the
addition of new and/or revised
questions on a variety of items such as
Electronic Nicotine Delivery Systems
(ENDS), synthetic drugs, pain and sleep,
vaping and needle use, and criminal
justice; (5) the addition of measures of
adolescent psychological distress and/or
impairment; (6) the expansion of suicide
items; and (7) other general
questionnaire revisions such as
clarifying wording and terminology,
reordering for improved question flow,
formatting changes, removal of
questions with low prevalence rates,
and other minor updates and revisions.
The total annual burden estimate for
the FT is shown below in Table 3.
TABLE 3—ANNUALIZED ESTIMATED BURDEN FOR REDESIGN FIELD TEST
Number of
respondents
Instrument
Total
number of
responses
Hours per
response
Total
burden
hours
Household Screening ...........................................................
Interview ...............................................................................
Screening Verification ..........................................................
Interview Verification ............................................................
8,110
4,000
246
600
1
1
1
1
8,110
4,000
246
600
0.083
1.000
0.067
0.067
673
4,000
17
40
Total ..............................................................................
8,110
........................
12,596
........................
4,730
Written comments and
recommendations concerning the
proposed information collection should
be sent by September 12, 2019 to the
SAMHSA Desk Officer at the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB). To ensure timely receipt of
comments, and to avoid potential delays
in OMB’s receipt and processing of mail
sent through the U.S. Postal Service,
commenters are encouraged to submit
their comments to OMB via email to:
OIRA_Submission@omb.eop.gov.
Although commenters are encouraged to
send their comments via email,
commenters may also fax their
comments to: 202–395–7285.
Commenters may also mail them to:
Office of Management and Budget,
Office of Information and Regulatory
Affairs, New Executive Office Building,
Room 10102, Washington, DC 20503.
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Responses
per
respondent
Summer King,
Statistician.
[FR Doc. 2019–17282 Filed 8–12–19; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Test Concerning Entry of Section 321
Low-Valued Shipments Through
Automated Commercial Environment
(ACE)
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
SUMMARY: This document announces
that U.S. Customs and Border Protection
(CBP) is conducting a test of new
functionalities related to the electronic
entry filing for low-valued shipments
through the Automated Commercial
Environment (ACE). The Section 321 de
minimis administrative exemption
admits free from duty and tax,
shipments of merchandise (other than
bona-fide gifts and certain personal and
household goods) imported by one
person on one day having an aggregate
fair retail value in the country of
shipment of not more than $800. During
this test, an owner, or purchaser of a
Section 321 low-valued shipment or,
when appropriately designated, a
customs broker appointed by an owner,
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purchaser, or consignee, will be able to
file a new type of informal entry in ACE
for Section 321 low-valued shipments.
Section 321 low-valued shipments
subject to Partner Government Agency
(PGA) requirements will also be able to
be entered using this new Section 321
informal entry type. This notice
provides a description of the test, the
requirements for filing the new informal
entry type, and the regulations that will
be waived for test participants. CBP
invites public comment concerning the
test program. The test will be known as
the ACE Entry Type 86 Test.
DATES: The test will commence no
earlier than September 28, 2019 and
will continue until concluded by an
announcement published in the Federal
Register. Comments will be accepted
throughout the duration of the test.
ADDRESSES: Comments concerning this
notice and any aspect of this test may
be submitted at any time during the test
via email to OTENTRYSUMMARY@
cbp.dhs.gov. In the subject line of your
email, please indicate, ‘‘Comment on
the ACE Entry Type 86 Test.’’
FOR FURTHER INFORMATION CONTACT:
Randy Mitchell, Director, Commercial
Operations, Revenue and Entry
Division, Office of Trade, U.S. Customs
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and Border Protection, 202–325–6532,
Randy.Mitchell@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION: This
document announces that U.S. Customs
and Border Protection (CBP) is
conducting a test to allow Section 321
low-valued shipments, including those
shipments subject to Partner
Government Agency (PGA) data
requirements, to be entered by filing a
new type of informal entry
electronically in the Automated
Commercial Environment (ACE). This
will allow CBP to address the growing
volume of Section 321 low-valued
shipments resulting from the global shift
in trade to an e-commerce platform, test
the new functionality in ACE, facilitate
cross-border e-commerce, and allow
Section 321 low-valued shipments
subject to PGA data requirements to
utilize a Section 321 de minimis entry
process for the first time.
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I. Administrative Exemption for Section
321 Low-Valued Shipments
Section 321(a)(2)(C) of the Tariff Act
of 1930 (19 U.S.C. 1321(a)(2)(C)), as
amended by the Trade Facilitation and
Trade Enforcement Act of 2015
(TFTEA), Section 901, Public Law 114–
125, 130 Stat. 122 (19 U.S.C. 4301 note),
authorizes CBP to provide an
administrative exemption to admit free
from duty and tax, shipments of
merchandise (other than bona-fide gifts
and certain personal and household
goods) imported by one person on one
day having an aggregate fair retail value
in the country of shipment of not more
than $800. The regulations issued under
the authority of section 321(a)(2)(C) are
set forth in sections 10.151 and 10.153
of title 19 of the Code of Federal
Regulations (19 CFR 10.151 and 10.153).
Section 10.151 of the regulations
implements the administrative
exemption provided for in 19 U.S.C.
1321. A shipment of merchandise
valued at $800 or less, which qualifies
for informal entry under 19 U.S.C. 1498
and meets the requirements in 19 U.S.C.
1321(a)(2), including 19 CFR 10.151, is
referred to in this document as a
‘‘Section 321 low-valued shipment.’’
Unless a CBP official has reason to
believe that a Section 321 low-valued
shipment fails to comply with any
pertinent law or regulation, section
10.153 sets forth the guidance to be
applied by a CBP officer in determining
whether an article or parcel shall be
exempted from duty and tax under
section 10.151 and qualify as a Section
321 low-valued shipment. Accordingly,
consolidated shipments addressed to
one consignee shall be treated as one
importation; alcoholic beverages and
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cigars (including cheroots and
cigarillos) and cigarettes containing
tobacco, cigarette tubes, cigarette
papers, smoking tobacco (including
water pipe tobacco, pipe tobacco, and
roll-your-own tobacco), snuff, or
chewing tobacco are not exempt; any
merchandise subject to antidumping
and countervailing duties is not exempt;
any merchandise of a class or kind
provided for in any absolute or tariffrate quota, whether the quota is open or
closed, is not exempt; and, there is no
exemption from any tax imposed under
the Internal Revenue Code that is
collected by other agencies on imported
goods.
‘‘Release from manifest’’ Process for
Section 321 Low-Valued Shipments
Pursuant to 19 CFR 10.151,
merchandise subject to the Section 321
administrative exemption shall be
entered under informal entry
procedures unless formal entry is
deemed necessary. The relevant
informal entry procedures for Section
321 low-valued shipments are set forth
in 19 CFR 128.24 and 19 CFR part 143,
subpart C. A Section 321 low-valued
shipment may be entered, using
reasonable care, by the owner,
purchaser, or consignee of the shipment,
or, when appropriately designated by
one of these persons, a customs broker
licensed under 19 U.S.C. 1641. See 19
CFR 143.26(b).
Section 321 low-valued shipments
may be entered by presenting the bill of
lading or a manifest listing each bill of
lading. See 19 CFR 143.23(j)(3). This
type of informal entry is termed the
‘‘release from manifest’’ process.
Generally, such shipments are released
from CBP custody based on the
information provided on the manifest or
bill of lading. Such information may be
provided by express consignment
operators, carriers, or brokers. The
following information must be provided
as part of the ‘‘release from manifest’’
process: The country of origin of the
merchandise; shipper name, address
and country; ultimate consignee name
and address; specific description of the
merchandise; quantity; shipping weight;
and value. See 19 CFR 128.21(a) and 19
CFR 143.23(k). No Harmonized Tariff
Schedule of the United States (HTSUS)
subheading or entry summary is
required on an advance manifest for
Section 321 low-valued shipments. See
19 CFR 143.23(k) and 19 CFR 128.24(e).
A Section 321 low-valued shipment is
not exempt from PGA requirements.
Many agencies do not have de minimis
exemptions for their PGA reporting
requirements, and require strict
accountability of imported goods for
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national security, health and safety
reasons and to identify specific
shipments of potential violative
products for reporting or enforcement
targeting purposes. Low-valued
shipments may also require the payment
of applicable PGA duties, fees or
applicable excise taxes collected by
other agencies. These shipments that
have PGA data reporting requirements,
or require the payment of any duties,
fees, or taxes may not benefit from the
use of a less complex Section 321 de
minimis entry process and must
currently be entered using the
appropriate informal or formal entry
process to ensure that the PGA
requirements are met. All shipments
subject to PGA requirements are
currently ineligible for entry under the
‘‘release from manifest’’ process.
II. Establishment of an Electronic Entry
Process for Section 321 Low-Valued
Shipments Through ACE
This document announces CBP’s plan
to conduct a test to authorize a new
Section 321 de minimis entry process
for Section 321 low-valued shipments in
ACE through the development of a new
informal entry type ‘‘86.’’ This test will
be called the ACE Entry Type 86 Test.
The ACE Entry Type 86 Test creates a
means for Section 321 low-valued
shipments, including those subject to
PGA data requirements, to benefit from
the use of a Section 321 de minimis
entry process for the first time. Prior to
the development of entry type ‘‘86,’’
Section 321 low-valued shipments
subject to PGA requirements were
required to be entered using the more
complex informal entry type ‘‘11’’ or
formal entry. The ACE Entry Type 86
Test will provide a less complex entry
and release process for Section 321 lowvalued shipments, including those
subject to PGA data requirements, and
will expedite the clearance of compliant
Section 321 low-valued shipments into
the United States through the use of
ACE. Merchandise imported by mail is
excluded from the ACE Entry Type 86
Test and may not be entered under the
entry type ‘‘86.’’
In developing the ACE Entry Type 86
Test, CBP has coordinated with the
Commercial Customs Operations
Advisory Committee (COAC), trade
industry representatives, and PGAs, and
has considered the public comments
received from the ‘‘Administrative
Exemption on Value Increased for
Certain Articles’’ interim final rule
(Administrative Exemption IFR). On
August 26, 2016, CBP published the
Administrative Exemption IFR in the
Federal Register (81 FR 58831), which
amended the CBP regulations to
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implement section 901 of TFTEA by
raising the value of the Section 321
administrative exemption from $200 to
$800, and solicited comments regarding
the collection of data on behalf of PGAs
for shipments valued at $800 or less.
CBP received eight public comments. A
more detailed analysis of the comments
received and CBP’s responses to the
public comments will be addressed at a
later date. In summary, of the eight
public comments, seven addressed the
collection of data for Section 321 lowvalued shipments. Among these seven
comments, five commenters encouraged
the automated clearance of Section 321
low-valued shipments using ACE and
the collection of PGA data using a
Section 321 de minimis entry process.
Five of the commenters encouraged
CBP to automate Section 321 clearance
using ACE. These commenters pointed
out that automating Section 321
clearance through ACE will increase
CBP’s ability to provide risk-based
targeting of inbound shipments, assure
supply chain security, enforce trade
laws, and protect intellectual property
rights. Various ACE clearance processes
were suggested by the commenters,
including using the Automated Broker
Interface (ABI) to allow the owner,
purchaser, consignee, or designated
customs broker to file the necessary
information.
Most commenters also asserted that
any ACE Section 321 clearance process
should allow for the submission of PGA
data. One commenter pointed out that
unless Section 321 low-valued
shipments subject to PGA requirements
could be cleared under a Section 321 de
minimis entry process, the de minimis
exemption would be of little use to the
greater public because a large
percentage of these imported shipments
are regulated by PGAs. Commenters also
noted that the primary purpose of
increasing the Section 321
administrative exemption was to benefit
e-commerce micro and small businesses
engaging in global trade and the vast
majority of these businesses lack the
capacity to comply with complex trade
rules.
CBP believes that the development of
the new entry type ‘‘86’’ effectively
addresses the public comments;
facilitates legitimate trade while also
allowing CBP to enhance its targeting
capabilities; ensures that PGAs can
identify potential violative products for
reporting or enforcement targeting
purposes while allowing filers to utilize
a less complex entry process; and
decreases the challenges faced by CBP
in targeting, locating and examining
Section 321 low-valued shipments by
collecting necessary data. Processing
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Section 321 low-valued shipments in
ACE utilizes the ‘‘single window’’
system, thereby granting all government
agencies involved with the importation
of goods into the United States access to
data concerning the shipments and
gives the trade a single mechanism to
enter data.
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The Process To File an Entry Type ‘‘86’’
A Section 321 low-valued shipment
may be entered by the owner, purchaser,
or consignee of the shipment, or, when
appropriately designated by one of these
persons, a customs broker licensed
under 19 U.S.C. 1641. See 19 CFR
143.26(b). For purposes of the ACE
Entry Type 86 Test, CBP is deviating
from this regulation and requiring that
consignees intending to file an entry
type ‘‘86’’ appoint a customs broker to
act as the importer of record (IOR) for
the shipment. Customs brokers must be
designated to enter qualifying
shipments through a valid power of
attorney, and must comply with all
other applicable broker statutory and
regulatory requirements. See 19 CFR
141.46; see e.g., 19 U.S.C. 1641; 19
U.S.C. 1484; 19 CFR part 111; 19 CFR
part 141. The filing of entry type ‘‘86’’
is considered ‘‘customs business’’ under
19 U.S.C. 1641.1
To participate in this test, an owner,
purchaser, or customs broker appointed
by an owner, purchaser, or consignee
will file an informal entry type ‘‘86’’ in
ACE through ABI. ABI allows
participants to electronically file all
required import data with CBP, and
transfers that data into ACE. To
participate in ABI, a filer must meet the
requirements and procedures set forth
in 19 CFR part 143, subpart A, and must
meet the technical requirements set
forth in the Customs and Trade
Automated Interface Requirements
(CATAIR).2
The test is open to all owners,
purchasers, consignees, and designated
customs brokers of Section 321 lowvalued shipments, including those
subject to PGA requirements, imported
by all modes of cargo transportation.
CBP encourages all eligible parties to
participate in this test to test the
functionality of the new entry type.
Importers of Section 321 low-valued
shipments that do not contain any PGA
data requirements may continue to
utilize the ‘‘release from manifest’’
process or may utilize the ACE Entry
Type 86 Test.
When filing an entry type ‘‘86,’’ a
bond and entry summary
documentation are not required. Under
entry type ‘‘86,’’ the importing party is
exempt from payment of the harbor
maintenance tax and merchandise
processing fee for merchandise released
as a Section 321 low-valued shipment.
See 19 CFR 24.23(c)(1)(v) and
24.24(d)(3). However, any merchandise
that is not exempt from the payment of
any applicable PGA duties, fees, or taxes
imposed under applicable statute or
regulation by other agencies on
imported goods does not qualify as a
Section 321 low-valued shipment. An
entry type ‘‘86’’ filing that is determined
to owe any duties, fees, or taxes will be
rejected by CBP and must be re-filed
using the appropriate informal or formal
entry process. Additionally, CBP may
require formal entry for any
merchandise if it is deemed necessary
for import admissibility enforcement
purposes, revenue protection, or the
efficient conduct of customs business.
See 19 CFR 143.22.
An entry type ‘‘86’’ requires the
owner, purchaser, or customs broker
1 Pursuant to 19 U.S.C. 1641, ‘‘customs business’’
is defined as those activities involving transactions
with CBP concerning the entry and admissibility of
merchandise, its classification and valuation, the
payment of duties, taxes, or other charges assessed
or collected by CBP on merchandise by reason of
its importation, or the refund, rebate, or drawback
of those duties, taxes, or other charges. ‘‘Customs
business’’ also includes the preparation of
documents or forms in any format and the
electronic transmission of documents, invoices,
bills, or parts thereof, intended to be filed with CBP
in furtherance of such activities, whether or not
signed or filed by the preparer, or activities relating
to such preparation, but does not include the mere
electronic transmission of data received for
transmission to CBP.
2 See General Notice of August 26, 2008 (73 FR
50337) for a complete discussion on the procedures
for obtaining an ACE Portal Account.
Authorization for the Test
The test described in this notice is
authorized pursuant to 19 CFR 101.9(a),
which grants the Commissioner of CBP
the authority to impose requirements
different from those specified in the
CBP regulations for purposes of
conducting a test program or procedure
designed to evaluate the effectiveness of
new technology or operational
procedures regarding the processing of
passengers, vessels, or merchandise.
The ACE Entry Type 86 Test will
allow CBP to test ACE functionality, and
to test the new operational procedures
involved with the new entry type,
including any challenges that may result
and any coordination that is necessary
with PGAs. Additionally, the test will
allow CBP to determine if entry type
‘‘86’’ effectively addresses the threats
and complexities resulting from the
global shift in trade to an e-commerce
platform, the vast increase in Section
321 low-valued shipments, and
facilitates cross-border e-commerce.
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appointed by the owner, purchaser, or
consignee to file the following data
elements with CBP at any time prior to,
or upon arrival, or up to 15 days after
arrival of the cargo:
(1) The bill of lading or the air waybill
number;
(2) Entry number;
(3) Planned port of entry;
(4) Shipper name, address, and
country;
(5) Consignee name and address;
(6) Country of origin;
(7) Quantity;
(8) Fair retail value in the country of
shipment;
(9) 10-digit HTSUS number;
(10) IOR number of the owner,
purchaser, or broker when designated
by a consignee (conditional).
The IOR number is a conditional ACE
Entry Type 86 Test data element and is
required when the shipment is subject
to PGA data reporting requirements. The
IOR number provided must be that of
the shipment’s owner, purchaser, or
broker when designated by a consignee.
Upon receipt of the data in an entry
type ‘‘86’’ filing, CBP will determine
whether the shipment is subject to PGA
data reporting requirements. Any PGA
data reporting requirements would be
satisfied by the PGA Message Set and
the filing of any supporting
documentation via the Document Image
System (DIS). The PGA Message Set
enables the trade community to
electronically submit all data required
by the PGAs only once to CBP,
eliminating the necessity for the
submission and subsequent manual
processing of paper documents, and
makes the required data available to the
relevant PGAs for import and
transportation-related decision making.
See the December 13, 2013 Federal
Register notice (78 FR 75931) for a
further discussion of the PGA Message
Set and the October 15, 2015 Federal
Register notice (80 FR 62082) for a
further discussion of DIS.
A ‘‘CBP release’’ message indicates
that CBP has determined that the
Section 321 low-valued goods may be
released from CBP custody. All
merchandise released by CBP is released
conditionally and remains subject to
recall through the issuance of a Notice
of Redelivery. Merchandise that is
regulated by one or more PGAs may not
proceed into commerce until CBP
releases the merchandise and all PGAs
that regulate the merchandise have
issued a ‘‘may proceed’’ message.
The definitions of the ACE data
elements, the technical requirements for
submission, and information describing
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how filers receive transmissions are set
forth in the CATAIR guidelines for ACE,
which may be found at https://
www.cbp.gov/trade/ace/catair.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
III. Waiver of Regulation Under the
Test
30-Day Notice of Proposed Information
Collection: Standards for Success
Reporting
For purposes of this test, 19 CFR
10.151 will be waived for test
participants only insofar as the informal
entry procedures for ‘‘release from
manifest’’ are inconsistent with the
requirements in this notice.
Additionally, 19 CFR 128.21(a),
128.24(e), 143.23(j) and (k), and
143.26(b) will be waived for test
participants to the extent such
procedures are inconsistent with the
requirements of this notice.
IV. Comments
All interested parties are invited to
comment on any aspect of this test at
any time. CBP requests comments and
feedback on all aspects of this test,
including the design, conduct and
implementation of the test, in order to
determine whether to modify, alter,
expand, limit, continue, end, or fully
implement this new entry process.
V. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
an agency may not conduct, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number assigned by OMB.
The collections of information for the
ACE Entry Type 86 Test are included in
an existing collection for CBP Form
3461 (OMB control number 1651–0024).
VI. Misconduct Under This Test
A test participant may be subject to
civil and criminal penalties,
administrative sanctions, or liquidated
damages for any of the following:
(1) Failure to follow the rules,
requirements, terms, and conditions of
this test;
(2) Failure to exercise reasonable care
in the execution of participant
obligations; or
(3) Failure to abide by applicable laws
and regulations that have not been
waived.
Dated: August 7, 2019.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2019–17243 Filed 8–12–19; 8:45 am]
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[Docket No. FR–7011–N–34]
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 30 days of public
comment.
Comments Due Date: September
12, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRA Submission@omb.eop.gov
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email Anna
P. Guido at Anna.P.Guido@hud.gov or
telephone 202–402–5535. This is not a
toll-free number. Person with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on Friday, May 3,
2019 at 84 FR 19101.
DATES:
A. Overview of Information Collection
Title of Information Collection:
Standards for Success Reporting.
OMB Approval Number: 2501–0034.
Type of Request: Revision of a
currently approved collection.
Form Number: HUD–PRL.
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[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40079-40082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17243]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Test Concerning Entry of Section 321 Low-Valued Shipments Through
Automated Commercial Environment (ACE)
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP) is conducting a test of new functionalities related to
the electronic entry filing for low-valued shipments through the
Automated Commercial Environment (ACE). The Section 321 de minimis
administrative exemption admits free from duty and tax, shipments of
merchandise (other than bona-fide gifts and certain personal and
household goods) imported by one person on one day having an aggregate
fair retail value in the country of shipment of not more than $800.
During this test, an owner, or purchaser of a Section 321 low-valued
shipment or, when appropriately designated, a customs broker appointed
by an owner, purchaser, or consignee, will be able to file a new type
of informal entry in ACE for Section 321 low-valued shipments. Section
321 low-valued shipments subject to Partner Government Agency (PGA)
requirements will also be able to be entered using this new Section 321
informal entry type. This notice provides a description of the test,
the requirements for filing the new informal entry type, and the
regulations that will be waived for test participants. CBP invites
public comment concerning the test program. The test will be known as
the ACE Entry Type 86 Test.
DATES: The test will commence no earlier than September 28, 2019 and
will continue until concluded by an announcement published in the
Federal Register. Comments will be accepted throughout the duration of
the test.
ADDRESSES: Comments concerning this notice and any aspect of this test
may be submitted at any time during the test via email to
[email protected]. In the subject line of your email, please
indicate, ``Comment on the ACE Entry Type 86 Test.''
FOR FURTHER INFORMATION CONTACT: Randy Mitchell, Director, Commercial
Operations, Revenue and Entry Division, Office of Trade, U.S. Customs
[[Page 40080]]
and Border Protection, 202-325-6532, [email protected].
SUPPLEMENTARY INFORMATION: This document announces that U.S. Customs
and Border Protection (CBP) is conducting a test to allow Section 321
low-valued shipments, including those shipments subject to Partner
Government Agency (PGA) data requirements, to be entered by filing a
new type of informal entry electronically in the Automated Commercial
Environment (ACE). This will allow CBP to address the growing volume of
Section 321 low-valued shipments resulting from the global shift in
trade to an e-commerce platform, test the new functionality in ACE,
facilitate cross-border e-commerce, and allow Section 321 low-valued
shipments subject to PGA data requirements to utilize a Section 321 de
minimis entry process for the first time.
I. Administrative Exemption for Section 321 Low-Valued Shipments
Section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C.
1321(a)(2)(C)), as amended by the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA), Section 901, Public Law 114-125, 130
Stat. 122 (19 U.S.C. 4301 note), authorizes CBP to provide an
administrative exemption to admit free from duty and tax, shipments of
merchandise (other than bona-fide gifts and certain personal and
household goods) imported by one person on one day having an aggregate
fair retail value in the country of shipment of not more than $800. The
regulations issued under the authority of section 321(a)(2)(C) are set
forth in sections 10.151 and 10.153 of title 19 of the Code of Federal
Regulations (19 CFR 10.151 and 10.153).
Section 10.151 of the regulations implements the administrative
exemption provided for in 19 U.S.C. 1321. A shipment of merchandise
valued at $800 or less, which qualifies for informal entry under 19
U.S.C. 1498 and meets the requirements in 19 U.S.C. 1321(a)(2),
including 19 CFR 10.151, is referred to in this document as a ``Section
321 low-valued shipment.'' Unless a CBP official has reason to believe
that a Section 321 low-valued shipment fails to comply with any
pertinent law or regulation, section 10.153 sets forth the guidance to
be applied by a CBP officer in determining whether an article or parcel
shall be exempted from duty and tax under section 10.151 and qualify as
a Section 321 low-valued shipment. Accordingly, consolidated shipments
addressed to one consignee shall be treated as one importation;
alcoholic beverages and cigars (including cheroots and cigarillos) and
cigarettes containing tobacco, cigarette tubes, cigarette papers,
smoking tobacco (including water pipe tobacco, pipe tobacco, and roll-
your-own tobacco), snuff, or chewing tobacco are not exempt; any
merchandise subject to antidumping and countervailing duties is not
exempt; any merchandise of a class or kind provided for in any absolute
or tariff-rate quota, whether the quota is open or closed, is not
exempt; and, there is no exemption from any tax imposed under the
Internal Revenue Code that is collected by other agencies on imported
goods.
``Release from manifest'' Process for Section 321 Low-Valued Shipments
Pursuant to 19 CFR 10.151, merchandise subject to the Section 321
administrative exemption shall be entered under informal entry
procedures unless formal entry is deemed necessary. The relevant
informal entry procedures for Section 321 low-valued shipments are set
forth in 19 CFR 128.24 and 19 CFR part 143, subpart C. A Section 321
low-valued shipment may be entered, using reasonable care, by the
owner, purchaser, or consignee of the shipment, or, when appropriately
designated by one of these persons, a customs broker licensed under 19
U.S.C. 1641. See 19 CFR 143.26(b).
Section 321 low-valued shipments may be entered by presenting the
bill of lading or a manifest listing each bill of lading. See 19 CFR
143.23(j)(3). This type of informal entry is termed the ``release from
manifest'' process. Generally, such shipments are released from CBP
custody based on the information provided on the manifest or bill of
lading. Such information may be provided by express consignment
operators, carriers, or brokers. The following information must be
provided as part of the ``release from manifest'' process: The country
of origin of the merchandise; shipper name, address and country;
ultimate consignee name and address; specific description of the
merchandise; quantity; shipping weight; and value. See 19 CFR 128.21(a)
and 19 CFR 143.23(k). No Harmonized Tariff Schedule of the United
States (HTSUS) subheading or entry summary is required on an advance
manifest for Section 321 low-valued shipments. See 19 CFR 143.23(k) and
19 CFR 128.24(e).
A Section 321 low-valued shipment is not exempt from PGA
requirements. Many agencies do not have de minimis exemptions for their
PGA reporting requirements, and require strict accountability of
imported goods for national security, health and safety reasons and to
identify specific shipments of potential violative products for
reporting or enforcement targeting purposes. Low-valued shipments may
also require the payment of applicable PGA duties, fees or applicable
excise taxes collected by other agencies. These shipments that have PGA
data reporting requirements, or require the payment of any duties,
fees, or taxes may not benefit from the use of a less complex Section
321 de minimis entry process and must currently be entered using the
appropriate informal or formal entry process to ensure that the PGA
requirements are met. All shipments subject to PGA requirements are
currently ineligible for entry under the ``release from manifest''
process.
II. Establishment of an Electronic Entry Process for Section 321 Low-
Valued Shipments Through ACE
This document announces CBP's plan to conduct a test to authorize a
new Section 321 de minimis entry process for Section 321 low-valued
shipments in ACE through the development of a new informal entry type
``86.'' This test will be called the ACE Entry Type 86 Test. The ACE
Entry Type 86 Test creates a means for Section 321 low-valued
shipments, including those subject to PGA data requirements, to benefit
from the use of a Section 321 de minimis entry process for the first
time. Prior to the development of entry type ``86,'' Section 321 low-
valued shipments subject to PGA requirements were required to be
entered using the more complex informal entry type ``11'' or formal
entry. The ACE Entry Type 86 Test will provide a less complex entry and
release process for Section 321 low-valued shipments, including those
subject to PGA data requirements, and will expedite the clearance of
compliant Section 321 low-valued shipments into the United States
through the use of ACE. Merchandise imported by mail is excluded from
the ACE Entry Type 86 Test and may not be entered under the entry type
``86.''
In developing the ACE Entry Type 86 Test, CBP has coordinated with
the Commercial Customs Operations Advisory Committee (COAC), trade
industry representatives, and PGAs, and has considered the public
comments received from the ``Administrative Exemption on Value
Increased for Certain Articles'' interim final rule (Administrative
Exemption IFR). On August 26, 2016, CBP published the Administrative
Exemption IFR in the Federal Register (81 FR 58831), which amended the
CBP regulations to
[[Page 40081]]
implement section 901 of TFTEA by raising the value of the Section 321
administrative exemption from $200 to $800, and solicited comments
regarding the collection of data on behalf of PGAs for shipments valued
at $800 or less. CBP received eight public comments. A more detailed
analysis of the comments received and CBP's responses to the public
comments will be addressed at a later date. In summary, of the eight
public comments, seven addressed the collection of data for Section 321
low-valued shipments. Among these seven comments, five commenters
encouraged the automated clearance of Section 321 low-valued shipments
using ACE and the collection of PGA data using a Section 321 de minimis
entry process.
Five of the commenters encouraged CBP to automate Section 321
clearance using ACE. These commenters pointed out that automating
Section 321 clearance through ACE will increase CBP's ability to
provide risk-based targeting of inbound shipments, assure supply chain
security, enforce trade laws, and protect intellectual property rights.
Various ACE clearance processes were suggested by the commenters,
including using the Automated Broker Interface (ABI) to allow the
owner, purchaser, consignee, or designated customs broker to file the
necessary information.
Most commenters also asserted that any ACE Section 321 clearance
process should allow for the submission of PGA data. One commenter
pointed out that unless Section 321 low-valued shipments subject to PGA
requirements could be cleared under a Section 321 de minimis entry
process, the de minimis exemption would be of little use to the greater
public because a large percentage of these imported shipments are
regulated by PGAs. Commenters also noted that the primary purpose of
increasing the Section 321 administrative exemption was to benefit e-
commerce micro and small businesses engaging in global trade and the
vast majority of these businesses lack the capacity to comply with
complex trade rules.
CBP believes that the development of the new entry type ``86''
effectively addresses the public comments; facilitates legitimate trade
while also allowing CBP to enhance its targeting capabilities; ensures
that PGAs can identify potential violative products for reporting or
enforcement targeting purposes while allowing filers to utilize a less
complex entry process; and decreases the challenges faced by CBP in
targeting, locating and examining Section 321 low-valued shipments by
collecting necessary data. Processing Section 321 low-valued shipments
in ACE utilizes the ``single window'' system, thereby granting all
government agencies involved with the importation of goods into the
United States access to data concerning the shipments and gives the
trade a single mechanism to enter data.
Authorization for the Test
The test described in this notice is authorized pursuant to 19 CFR
101.9(a), which grants the Commissioner of CBP the authority to impose
requirements different from those specified in the CBP regulations for
purposes of conducting a test program or procedure designed to evaluate
the effectiveness of new technology or operational procedures regarding
the processing of passengers, vessels, or merchandise.
The ACE Entry Type 86 Test will allow CBP to test ACE
functionality, and to test the new operational procedures involved with
the new entry type, including any challenges that may result and any
coordination that is necessary with PGAs. Additionally, the test will
allow CBP to determine if entry type ``86'' effectively addresses the
threats and complexities resulting from the global shift in trade to an
e-commerce platform, the vast increase in Section 321 low-valued
shipments, and facilitates cross-border e-commerce.
The Process To File an Entry Type ``86''
A Section 321 low-valued shipment may be entered by the owner,
purchaser, or consignee of the shipment, or, when appropriately
designated by one of these persons, a customs broker licensed under 19
U.S.C. 1641. See 19 CFR 143.26(b). For purposes of the ACE Entry Type
86 Test, CBP is deviating from this regulation and requiring that
consignees intending to file an entry type ``86'' appoint a customs
broker to act as the importer of record (IOR) for the shipment. Customs
brokers must be designated to enter qualifying shipments through a
valid power of attorney, and must comply with all other applicable
broker statutory and regulatory requirements. See 19 CFR 141.46; see
e.g., 19 U.S.C. 1641; 19 U.S.C. 1484; 19 CFR part 111; 19 CFR part 141.
The filing of entry type ``86'' is considered ``customs business''
under 19 U.S.C. 1641.\1\
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\1\ Pursuant to 19 U.S.C. 1641, ``customs business'' is defined
as those activities involving transactions with CBP concerning the
entry and admissibility of merchandise, its classification and
valuation, the payment of duties, taxes, or other charges assessed
or collected by CBP on merchandise by reason of its importation, or
the refund, rebate, or drawback of those duties, taxes, or other
charges. ``Customs business'' also includes the preparation of
documents or forms in any format and the electronic transmission of
documents, invoices, bills, or parts thereof, intended to be filed
with CBP in furtherance of such activities, whether or not signed or
filed by the preparer, or activities relating to such preparation,
but does not include the mere electronic transmission of data
received for transmission to CBP.
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To participate in this test, an owner, purchaser, or customs broker
appointed by an owner, purchaser, or consignee will file an informal
entry type ``86'' in ACE through ABI. ABI allows participants to
electronically file all required import data with CBP, and transfers
that data into ACE. To participate in ABI, a filer must meet the
requirements and procedures set forth in 19 CFR part 143, subpart A,
and must meet the technical requirements set forth in the Customs and
Trade Automated Interface Requirements (CATAIR).\2\
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\2\ See General Notice of August 26, 2008 (73 FR 50337) for a
complete discussion on the procedures for obtaining an ACE Portal
Account.
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The test is open to all owners, purchasers, consignees, and
designated customs brokers of Section 321 low-valued shipments,
including those subject to PGA requirements, imported by all modes of
cargo transportation. CBP encourages all eligible parties to
participate in this test to test the functionality of the new entry
type. Importers of Section 321 low-valued shipments that do not contain
any PGA data requirements may continue to utilize the ``release from
manifest'' process or may utilize the ACE Entry Type 86 Test.
When filing an entry type ``86,'' a bond and entry summary
documentation are not required. Under entry type ``86,'' the importing
party is exempt from payment of the harbor maintenance tax and
merchandise processing fee for merchandise released as a Section 321
low-valued shipment. See 19 CFR 24.23(c)(1)(v) and 24.24(d)(3).
However, any merchandise that is not exempt from the payment of any
applicable PGA duties, fees, or taxes imposed under applicable statute
or regulation by other agencies on imported goods does not qualify as a
Section 321 low-valued shipment. An entry type ``86'' filing that is
determined to owe any duties, fees, or taxes will be rejected by CBP
and must be re-filed using the appropriate informal or formal entry
process. Additionally, CBP may require formal entry for any merchandise
if it is deemed necessary for import admissibility enforcement
purposes, revenue protection, or the efficient conduct of customs
business. See 19 CFR 143.22.
An entry type ``86'' requires the owner, purchaser, or customs
broker
[[Page 40082]]
appointed by the owner, purchaser, or consignee to file the following
data elements with CBP at any time prior to, or upon arrival, or up to
15 days after arrival of the cargo:
(1) The bill of lading or the air waybill number;
(2) Entry number;
(3) Planned port of entry;
(4) Shipper name, address, and country;
(5) Consignee name and address;
(6) Country of origin;
(7) Quantity;
(8) Fair retail value in the country of shipment;
(9) 10-digit HTSUS number;
(10) IOR number of the owner, purchaser, or broker when designated
by a consignee (conditional).
The IOR number is a conditional ACE Entry Type 86 Test data element
and is required when the shipment is subject to PGA data reporting
requirements. The IOR number provided must be that of the shipment's
owner, purchaser, or broker when designated by a consignee.
Upon receipt of the data in an entry type ``86'' filing, CBP will
determine whether the shipment is subject to PGA data reporting
requirements. Any PGA data reporting requirements would be satisfied by
the PGA Message Set and the filing of any supporting documentation via
the Document Image System (DIS). The PGA Message Set enables the trade
community to electronically submit all data required by the PGAs only
once to CBP, eliminating the necessity for the submission and
subsequent manual processing of paper documents, and makes the required
data available to the relevant PGAs for import and transportation-
related decision making. See the December 13, 2013 Federal Register
notice (78 FR 75931) for a further discussion of the PGA Message Set
and the October 15, 2015 Federal Register notice (80 FR 62082) for a
further discussion of DIS.
A ``CBP release'' message indicates that CBP has determined that
the Section 321 low-valued goods may be released from CBP custody. All
merchandise released by CBP is released conditionally and remains
subject to recall through the issuance of a Notice of Redelivery.
Merchandise that is regulated by one or more PGAs may not proceed into
commerce until CBP releases the merchandise and all PGAs that regulate
the merchandise have issued a ``may proceed'' message.
The definitions of the ACE data elements, the technical
requirements for submission, and information describing how filers
receive transmissions are set forth in the CATAIR guidelines for ACE,
which may be found at https://www.cbp.gov/trade/ace/catair.
III. Waiver of Regulation Under the Test
For purposes of this test, 19 CFR 10.151 will be waived for test
participants only insofar as the informal entry procedures for
``release from manifest'' are inconsistent with the requirements in
this notice. Additionally, 19 CFR 128.21(a), 128.24(e), 143.23(j) and
(k), and 143.26(b) will be waived for test participants to the extent
such procedures are inconsistent with the requirements of this notice.
IV. Comments
All interested parties are invited to comment on any aspect of this
test at any time. CBP requests comments and feedback on all aspects of
this test, including the design, conduct and implementation of the
test, in order to determine whether to modify, alter, expand, limit,
continue, end, or fully implement this new entry process.
V. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), an agency may not conduct, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB. The
collections of information for the ACE Entry Type 86 Test are included
in an existing collection for CBP Form 3461 (OMB control number 1651-
0024).
VI. Misconduct Under This Test
A test participant may be subject to civil and criminal penalties,
administrative sanctions, or liquidated damages for any of the
following:
(1) Failure to follow the rules, requirements, terms, and
conditions of this test;
(2) Failure to exercise reasonable care in the execution of
participant obligations; or
(3) Failure to abide by applicable laws and regulations that have
not been waived.
Dated: August 7, 2019.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2019-17243 Filed 8-12-19; 8:45 am]
BILLING CODE 9111-14-P
