Modification and Clarification of the National Customs Automation Program Test Regarding Periodic Monthly Statements, 46749-46752 [2019-19147]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Notices to better characterize derailment risk. Additional details regarding spill response planning for different types of spills under various weather conditions have been added to Section 3.14. In addition, the Lake Pend Oreille Geographic Response Plan, which is to be implemented in the event of a rail accident, is included in Appendix N of the Final EA. With regard to fugitive coal dust emissions and the effects upon air and water quality, Section 3.1 of the Final EA explains that the current use of load profiling and dust suppressants has been shown to achieve at least an 85 percent reduction in fugitive coal dust and allow only trace amounts to be lost during transit, which are well below levels that could be harmful to human or ecological health. Section 3.1 also references several NEPA documents from the U.S. Army Corps of Engineers and the Surface Transportation Board supporting this determination. With regard to concern for increased rail traffic through the Lake Pend Oreille rail corridor, the maximum capacity of the rail line through Sandpoint and across Lake Pend Oreille is approximately 79 trains per day while the current average rail traffic volume on that line segment is approximately 60 trains per day. This Project does not add any origin or destination facilities; therefore, it would not induce increases or decreases in rail traffic, but rather is designed to increase efficiency of rail current rail transportation. The market conditions influencing rail train traffic growth in the study area exist with or without construction of a second main line track and associated bridges. Adding a second main line track along this segment would not increase overall capacity of the rail line because there are other constraints on the main lines leading into the Sandpoint and Lake Pend Oreille area. Based on the information examined through the study of this Project, the USCG has determined that an Environmental Assessment is the appropriate level of environmental documentation. The USCG has determined that there are no significant impacts associated with the Project and has issued a Finding of No Significant Impact. This notice is being provided for information purposes only, and as such, there is no public comment period associated with this notice. This notice is issued under the authority of 5 U.S.C. 552(a). VerDate Sep<11>2014 16:53 Sep 04, 2019 Jkt 247001 Dated: August 29, 2019. Brian L. Dunn, Chief, Office of Bridge Programs, U.S. Coast Guard. [FR Doc. 2019–19120 Filed 9–4–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2019–0604] Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) Recertification Coast Guard, DHS. Notice of recertification. AGENCY: ACTION: This notice informs the public that the Coast Guard has recertified the Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) as an alternative voluntary advisory group for Cook Inlet, Alaska. This certification allows the CIRCAC to monitor the activities of terminal facilities and crude oil tankers under an alternative composition, other than prescribed, Cook Inlet Program established by statue. DATES: This recertification is effective for the period from September 1, 2019 through August 31, 2020. FOR FURTHER INFORMATION CONTACT: LCDR Jonathan Dale, Seventeenth Coast Guard District (dpi), by phone at (907) 463–2812, email at jonathan.dale@ uscg.mil. SUMMARY: SUPPLEMENTARY INFORMATION: Background and Purpose As part of the Oil Pollution Act of 1990, Congress passed the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals and oil tankers. The President has delegated his authority under 33 U.S.C 2732(o) respecting certification of advisory councils, or groups, subject to the Act to the Secretary of the Department of Homeland Security. Section 8(g) of Executive Order 12777, (56 FR 54757, October 22, 1991), as amended by section 34 of Executive Order 13286 (68 FR 10619, March 5, 2003). The Secretary redelegated that authority to the Commandant of the USCG. Department of Homeland Security Delegation No. 0170.1, paragraph 80 of section II. The Commandant redelegated that authority PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 46749 to the Chief, Office of Marine Safety, Security and Environmental Protection (G–M) on March 19, 1992 (letter #5402). The Assistant Commandant for Marine Safety and Environmental Protection (G–M), redelegated recertification authority for advisory councils, or groups, to the Commander, Seventeenth Coast Guard District on February 26, 1999 (letter #16450). On July 7, 1993, the USCG published a policy statement, ‘‘Alternative Voluntary Advisory Groups, Prince William Sound and Cook Inlet’’ (58 FR 36504), to clarify the factors considered in making the determination as to whether advisory councils, or groups, should be certified in accordance with the Act. On September 16, 2002, the USCG published a policy statement, 67 FR 58440, which changed the recertification procedures such that applicants are required to provide the USCG with comprehensive information every three years (triennially). For each of the two years between the triennial application procedures, applicants submit a letter requesting recertification that includes a description of any substantive changes to the information provided at the previous triennial recertification. Further, public comment is only solicited during the triennial comprehensive review. Recertification By letter dated Jul 31 2019, the Commander, Seventeenth Coast Guard District, certified that the CIRCAC qualifies as an alternative voluntary advisory group under 33 U.S.C. 2732(o). This recertification terminates on August 31, 2020. Dated: July 31, 2019. Matthew T. Bell Jr., Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard District. [FR Doc. 2019–19151 Filed 9–4–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Modification and Clarification of the National Customs Automation Program Test Regarding Periodic Monthly Statements U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. AGENCY: This document announces changes to the U.S. Customs and Border SUMMARY: E:\FR\FM\05SEN1.SGM 05SEN1 46750 Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES Protection’s (CBP) National Customs Automation Program (NCAP) test concerning periodic monthly statements (PMS) to reflect that CBP will identify PMS as paid upon the completion of the funds transfer when payment is made via Automated Clearinghouse (ACH). The trade community will experience no delays, interruptions, or process changes associated with the modifications. Except to the extent expressly announced or modified by this document, all aspects, rules, terms and conditions announced in previous notices regarding the test remain in effect. For ease of reference, CBP is reproducing the entire test, with the changes, in this document. DATES: The changes made by this notice are effective September 7, 2019. ADDRESSES: Comments concerning this test program may be submitted via email to Kara Welty at collectionscapabilityowners@ cbp.dhs.gov with a subject line identifier reading, ‘‘Periodic Monthly Statements.’’ FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact Kara Welty, Debt Management Branch, Revenue Division, Office of Finance, collectionscapabilityowners@ cbp.dhs.gov, or (866) 530–4172. For technical questions related to transmissions using the Automated Broker Interface (ABI), contact your assigned client representative. Interested parties without an assigned client representative should direct their questions via email to the Client Representative Branch at gmb.clientrepoutreach@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: I. Background on National Customs Automation Program (NCAP) Test Concerning PMS The National Customs Automation Program (NCAP) was established by Subtitle B of Title VI—Customs Modernization in the North American Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization Act) (Pub. L. 103–182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C. 1411). Through NCAP, the thrust of customs modernization was on trade compliance and the development of the Automated Commercial Environment (ACE) as the CBPauthorized electronic data interchange (EDI) system. ACE is an automated and electronic system for commercial trade processing which is intended to streamline business processes, facilitate growth in trade, ensure cargo security, and foster participation in global commerce, while ensuring compliance VerDate Sep<11>2014 16:53 Sep 04, 2019 Jkt 247001 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. CBP’s modernization efforts are accomplished through phased releases of ACE component functionality. 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. On February 4, 2004, CBP published a notice in the Federal Register that announced a plan to conduct an NCAP test concerning PMS (hereinafter, referred to as the ‘‘PMS test’’), which allows an importer or an importer’s designated broker to deposit estimated duties, taxes, and fees on a monthly basis. See 69 FR 5362 (February 4, 2004). CBP modified and clarified the PMS test in thirteen (13) subsequent Federal Register notices published on: September 8, 2004 (69 FR 54302); February 1, 2005 (70 FR 5199); August 8, 2005 (70 FR 45736); September 22, 2005 (70 FR 55623); January 20, 2006 (71 FR 3315); June 2, 2006 (71 FR 32114); October 17, 2008 (73 FR 61891); December 12, 2016 (81 FR 89482); January 9, 2017 (82 FR 2385); January 17, 2017 (82 FR 4900); June 8, 2017 (82 FR 26699); June 30, 2017 (82 FR 29910); and November 1, 2017 (82 FR 50656). As part of the PMS test, CBP issues a Preliminary PMS for entries to NCAP test participants on a monthly basis. NCAP test participants must then deposit payment for the estimated duties, taxes, and fees attributable to the entries, with CBP, via Automated Clearinghouse (ACH). There are two (2) ACH payment processes—the ACH debit process and the ACH credit process. In the sections below, this document contains a description of the current state of the PMS test as it relates to the ACH debit and the ACH credit payment processes, as well as the modifications and clarifications to the PMS test made by this document. For ease of reference, this document also republishes the PMS test in its entirety, with updates to reflect the modifications and clarifications made in the past, as well as by this document. II. ACH Debit Process A. Background on Payment of PMS via ACH Debit Process An ACH debit participant initiates the payment process by transmitting one ACH debit authorization per Periodic Daily Statement to CBP through ABI. If the ACH debit authorization is error- PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 free, CBP accepts the ACH debit authorization and provides the ACH debit participant with a message confirming CBP’s acceptance of the ACH debit authorization. The ACH debit participant is required to ensure that the money amount, which will be identified on the Preliminary PMS, is— in fact—available in the ACH debit participant’s bank account on the 15th day of the month following the month in which the merchandise scheduled for monthly processing is either entered or released, whichever comes first, unless the importer or the importer’s designated broker elects an earlier date. On that day, CBP transmits the debit authorizations compiled in the Preliminary PMS from the Periodic Daily Statements to the designated financial institution, and CBP then identifies the Preliminary PMS as paid. CBP subsequently generates the Final PMS on the night that CBP transmits the debit authorizations to the designated financial institution, and then transmits the Final PMS to the importer or the importer’s designated broker. The Final PMS serves as evidence of the payment of the Preliminary PMS through an ACH transaction; but, the funds transfer is usually not completed until two (2) business days after the transmission of the debit authorizations to the designated financial institution. B. PMS Test Modification and Clarification Related to ACH Debit Process This document announces that, in order to more accurately reflect the status of the funds transfer, CBP will no longer identify an ACH debit participant’s Preliminary PMS as paid immediately upon the transmission of the ACH debit authorizations to the designated financial institution by CBP (which occurs on the 15th day of the month following the month in which the merchandise scheduled for monthly processing is either entered or released, whichever comes first, unless the importer or the importer’s designated broker selects an earlier date). The Preliminary PMS will still be issued; but, instead, CBP will issue the Final PMS and identify it as paid upon receiving confirmation from the Department of the Treasury (Treasury) that the funds are available and transferred to CBP (which marks the completion of the funds transfer). The modifications announced in this document do not affect the timeliness of the payment, which remains based upon the date of CBP’s acceptance of the ACH debit authorizations for the entries. Once CBP receives confirmation from Treasury that the funds are available E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Notices and transferred to CBP, then CBP will treat the date of CBP’s acceptance of the ACH debit authorizations as the effective payment date for purposes of determining the timeliness of the payments for the entries. The date of CBP’s acceptance of the ACH debit authorizations also remains the date for the calculation of interest and/or liquidated damages, if applicable; the calculation is unaffected by the modifications announced in this document. It is important to note that this modification only applies to importers who participate in the test program. For all other importers participating in statement processing via ABI, the current regulation, 19 CFR 24.25(c)(4), continues to govern when CBP identifies a statement as paid. III. ACH Credit Process khammond on DSKBBV9HB2PROD with NOTICES A. Background on Payment of PMS via ACH Credit Process The ACH credit process permits participants to electronically transmit payment for PMS, through the ACH credit participant’s financial institution, directly to the CBP account maintained by Treasury. The ACH credit participant is required to ensure that CBP receives the ACH credit payment no later than the 15th day of the month following the month in which the merchandise scheduled for monthly processing is either entered or released, whichever comes first, unless the importer or the importer’s designated broker elects an earlier date. If the 15th day of that month falls on a weekend or holiday, the ACH credit participant is required to ensure that CBP receives the ACH credit payment by the business day directly preceding such weekend or holiday. Currently, CBP identifies a Preliminary PMS as paid upon the acceptance of the ACH credit payment by CBP, which equates to the collection and settlement date. CBP generates the Final PMS on the night that CBP accepts the ACH credit payment, and then transmits the Final PMS to the importer or the importer’s designated broker. The Final PMS serves as evidence of the payment of the Preliminary PMS through an ACH transaction. B. Test Modification and Clarification Related to ACH Credit Process In order to promote consistency with the modifications of the PMS test in relation to ACH debit payments, this document also modifies the PMS test to reflect that CBP will identify the Final PMS, as opposed to Preliminary PMS, as paid for the ACH credit process. As explained above for the ACH debit process, these changes do not affect VerDate Sep<11>2014 16:53 Sep 04, 2019 Jkt 247001 either the timeliness of the payment or the date for the calculation of interest and/or liquidated damages, if applicable, for the ACH credit process. It is important to note that this modification only applies to importers who participate in the test program. For all other importers participating in statement processing via ABI, the current regulation, 19 CFR 24.25(c)(4), continues to govern when CBP identifies a statement as paid. IV. Republication of Periodic Monthly Statement (PMS) Test A. Overview of Modifications and Clarifications of the Test This section provides a description of the process for entries scheduled for monthly payment, as of this date, including the modifications and clarifications made by this notice. Several modifications and clarifications of the PMS test have been announced after the PMS test’s most recent republication in a Federal Register notice on January 20, 2006. See 71 FR 3315 (January 20, 2006). Accordingly, this republication of the PMS test reflects several substantive modifications and clarifications of the PMS test that were not reflected in the PMS test’s previous republication in the January 20, 2006 Federal Register notice. First, in order to reflect the modifications and clarifications made by this notice, this document addresses the ACH payment processes in three (3) separate paragraphs—paragraph f pertains exclusively to the ACH debit process, paragraph g pertains exclusively to the ACH credit process, and new paragraph h pertains to both ACH payment processes. • Paragraph f establishes when ACH debit participants are required to submit the ACH debit authorizations, when CBP will transmit the ACH debit authorizations to the financial institution, and when the money amount identified on the Preliminary Periodic Monthly Statement should, in fact, be available in an ACH debit participant’s bank account. • Paragraph g provides when, for ACH credit participants, CBP must receive the ACH credit payment. • New Paragraph h provides that, upon the completion of the funds transfer, CBP will issue the Final Periodic Monthly Statement and identify it as paid, transmit the Final Periodic Monthly Statement to the importer or the importer’s designated broker, and treat the date of CBP’s acceptance as the effective payment date of the PMS for purposes of calculation PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 46751 of interest and/or liquidated damages, if applicable. Any references to the marking of a PMS as paid and the generation of the Final Periodic Monthly Statement (previously contained in paragraphs f and g of the republication of the PMS test that was published in the January 20, 2006 Federal Register notice) have been moved to paragraph h to reflect that, for both ACH debit and ACH credit participants, CBP will no longer identify a PMS as paid or issue a Final Periodic Monthly Statement prior to the completion of the funds transfer. Second, new paragraphs i and j contain modifications of the PMS test that were announced in a Federal Register notice published on June 2, 2006. See 71 FR 32114 (June 2, 2006). Paragraph i pertains to the payment of estimated duties, taxes, and fees for single entries or incremental entries involving split shipments. Paragraph j pertains to the payment of estimated duties, taxes, and fees for single entries or incremental entries involving unassembled or disassembled entities. B. Periodic Monthly Statement (PMS) Test Entries scheduled for monthly payment will be processed as follows: a. As entries are filed with CBP, the importer or the importer’s designated broker schedules them for monthly payment. b. CBP posts all entries that are scheduled for monthly payment on the Preliminary Periodic Daily Statement. c. The importer or the importer’s designated broker processes entry summary presentation transactions for each Preliminary Periodic Daily Statement within 10 working days of the date of entry. d. After summary information has been filed, CBP posts the scheduled entries on the Final Periodic Daily Statement. e. Entries appearing on the Final Periodic Daily Statements and scheduled for monthly payment appear on the Preliminary Periodic Monthly Statement. CBP will generate the Preliminary Periodic Monthly Statement by the 11th calendar day of the month following the month in which the merchandise is either entered or released, whichever comes first, unless the importer or the importer’s designated broker selects an earlier date. f. Automated Clearinghouse (ACH) debit participants are required to submit one debit authorization for each Preliminary Periodic Daily Statement at any time from the creation of the Preliminary Periodic Daily Statement until the creation of the related E:\FR\FM\05SEN1.SGM 05SEN1 khammond on DSKBBV9HB2PROD with NOTICES 46752 Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Notices Preliminary Periodic Monthly Statement. If an ACH debit participant fails to submit an ACH debit authorization for a Preliminary Periodic Daily Statement within 10 working days of the date of entry, payment for the Preliminary Periodic Daily Statement is considered late; however, the ACH debit participant will still be permitted to submit the ACH debit authorization. CBP will transmit the debit authorizations compiled in the Preliminary Periodic Monthly Statement to the financial institution on the 15th working day of the month following the month in which the merchandise is either entered or released, whichever comes first, unless the importer or the importer’s designated broker selects an earlier date. ACH debit participants must ensure that the money amount identified on the Preliminary Periodic Monthly Statement is, in fact, available in their bank account by the 15th working day of that month. g. For ACH credit participants, CBP must receive the ACH credit payment no later than the 15th day of the month following the month in which the merchandise scheduled for monthly processing is either entered or released, whichever comes first, or if that day falls on a weekend or holiday, the business day directly preceding such weekend or holiday, unless the importer or the importer’s designated broker selects an earlier date. h. For both ACH credit and ACH debit participants, once CBP receives confirmation from Treasury that the funds are available and transferred to CBP (which marks the completion of the funds transfer), then CBP will: (1) Issue the Final Periodic Monthly Statement and identify it as paid; (2) transmit the Final Periodic Monthly Statement to the importer or the importer’s designated broker; and (3) treat the date of CBP’s acceptance of the ACH credit or debit payment as the effective payment date of the PMS for purposes of the calculation of interest and/or liquidated damages, if applicable. CBP will generate the Final Periodic Monthly Statement on the night that payment is processed. i. Importers choosing to file a single entry involving split shipments consistent with the provisions of 19 CFR 141.57(d)(1) or unassembled or disassembled entities consistent with the provisions of 19 CFR 141.58(d)(1) may pay estimated duties, taxes, and fees attributable to those entries through the method set forth in the PMS test. The date of filing of that entry identifies the month in which entry is filed and establishes the obligation to pay estimated duties, taxes, and fees by the VerDate Sep<11>2014 16:53 Sep 04, 2019 Jkt 247001 15th working day of the month following the month in which entry is filed. j. Importers choosing to file incremental entries involving split shipments consistent with the provisions of 19 CFR 141.57(d)(2) or unassembled or disassembled entities consistent with the provisions 19 CFR 141.58(d)(2) as a special permit for immediate delivery after the arrival of the first portion (Incremental Release) also may pay estimated duties, taxes, and fees attributable to that entry through the method set forth in the PMS test. The date that the importer obtains release of the first portion of the entity (as provided in 19 CFR 141.57(e) or 19 CFR 141.58(e)) will identify the month that the entry is filed and establishes the obligation to pay estimated duties, taxes, and fees by the 15th working day of the month following the month in which entry is filed. Participants should note that if they voluntarily remove an entry from a Periodic Daily Statement before expiration of the 10-working-day period after release, that entry may be placed on another Periodic Daily Statement falling within the same 10-working-day period. If, however, participants remove an entry from a Periodic Daily Statement after expiration of the 10working-day period after release, the entry may be the subject of a claim for liquidated damages for late payment. V. Previous Notices and Suspension of Regulations For purposes of this test, any provision in title 19 of the Code of Federal Regulations including, but not limited to, the provisions found in parts 24, 141, 142, and 143 thereof relating to entry summary filing and processing that are inconsistent with the requirements set forth in this notice are waived for the duration of the test. See 19 CFR 101.9(b). This document does not waive any recordkeeping requirements found in part 163 of title 19 of the Code of Federal Regulations (19 CFR part 163) and the Appendix to part 163 (commonly known as the ‘‘(a)(1)(A) list’’). Dated: August 29, 2019. Brenda B. Smith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2019–19147 Filed 9–4–19; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–HQ–LE–2019–N091; FF09L00200–FX– LE18110900000; OMB Control Number 1018–0129] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Captive Wildlife Safety Act Fish and Wildlife Service, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before October 7, 2019. ADDRESSES: Send written comments on this information collection request (ICR) to the Office of Management and Budget’s Desk Officer for the Department of the Interior by email at OIRA_Submission@omb.eop.gov; or via facsimile to (202) 395–5806. Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: JAO/1N PRB/ PERMA, 5275 Leesburg Pike, Falls Church, VA 22041–3803 (mail); or by email to Info_Coll@fws.gov. Please reference OMB Control Number 1018– 0129 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Madonna L. Baucum, Service Information Collection Clearance Officer, by email at Info_ Coll@fws.gov, or by telephone at (703) 358–2503. You may also view the ICR at http://www.reginfo.gov/public/do/ PRAMain. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. On December 27, 2018, we published a Federal Register notice soliciting SUMMARY: E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46749-46752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19147]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification and Clarification of the National Customs Automation 
Program Test Regarding Periodic Monthly Statements

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This document announces changes to the U.S. Customs and Border

[[Page 46750]]

Protection's (CBP) National Customs Automation Program (NCAP) test 
concerning periodic monthly statements (PMS) to reflect that CBP will 
identify PMS as paid upon the completion of the funds transfer when 
payment is made via Automated Clearinghouse (ACH). The trade community 
will experience no delays, interruptions, or process changes associated 
with the modifications. Except to the extent expressly announced or 
modified by this document, all aspects, rules, terms and conditions 
announced in previous notices regarding the test remain in effect. For 
ease of reference, CBP is reproducing the entire test, with the 
changes, in this document.

DATES: The changes made by this notice are effective September 7, 2019.

ADDRESSES: Comments concerning this test program may be submitted via 
email to Kara Welty at [email protected] with a 
subject line identifier reading, ``Periodic Monthly Statements.''

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Kara Welty, Debt Management Branch, Revenue Division, Office of 
Finance, [email protected], or (866) 530-4172. 
For technical questions related to transmissions using the Automated 
Broker Interface (ABI), contact your assigned client representative. 
Interested parties without an assigned client representative should 
direct their questions via email to the Client Representative Branch at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on National Customs Automation Program (NCAP) Test 
Concerning PMS

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization in the North American 
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization 
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on 
trade compliance and the development of the Automated Commercial 
Environment (ACE) as the CBP-authorized electronic data interchange 
(EDI) system. ACE is an automated and electronic system for commercial 
trade processing which is intended to streamline business processes, 
facilitate growth in trade, ensure cargo security, and foster 
participation in global commerce, while ensuring compliance with U.S. 
laws and regulations and reducing costs for CBP and all of its 
communities of interest. The ability to meet these objectives depends 
on successfully modernizing CBP's business functions and the 
information technology that supports those functions. CBP's 
modernization efforts are accomplished through phased releases of ACE 
component functionality. 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.
    On February 4, 2004, CBP published a notice in the Federal Register 
that announced a plan to conduct an NCAP test concerning PMS 
(hereinafter, referred to as the ``PMS test''), which allows an 
importer or an importer's designated broker to deposit estimated 
duties, taxes, and fees on a monthly basis. See 69 FR 5362 (February 4, 
2004). CBP modified and clarified the PMS test in thirteen (13) 
subsequent Federal Register notices published on: September 8, 2004 (69 
FR 54302); February 1, 2005 (70 FR 5199); August 8, 2005 (70 FR 45736); 
September 22, 2005 (70 FR 55623); January 20, 2006 (71 FR 3315); June 
2, 2006 (71 FR 32114); October 17, 2008 (73 FR 61891); December 12, 
2016 (81 FR 89482); January 9, 2017 (82 FR 2385); January 17, 2017 (82 
FR 4900); June 8, 2017 (82 FR 26699); June 30, 2017 (82 FR 29910); and 
November 1, 2017 (82 FR 50656).
    As part of the PMS test, CBP issues a Preliminary PMS for entries 
to NCAP test participants on a monthly basis. NCAP test participants 
must then deposit payment for the estimated duties, taxes, and fees 
attributable to the entries, with CBP, via Automated Clearinghouse 
(ACH). There are two (2) ACH payment processes--the ACH debit process 
and the ACH credit process. In the sections below, this document 
contains a description of the current state of the PMS test as it 
relates to the ACH debit and the ACH credit payment processes, as well 
as the modifications and clarifications to the PMS test made by this 
document. For ease of reference, this document also republishes the PMS 
test in its entirety, with updates to reflect the modifications and 
clarifications made in the past, as well as by this document.

II. ACH Debit Process

A. Background on Payment of PMS via ACH Debit Process

    An ACH debit participant initiates the payment process by 
transmitting one ACH debit authorization per Periodic Daily Statement 
to CBP through ABI. If the ACH debit authorization is error-free, CBP 
accepts the ACH debit authorization and provides the ACH debit 
participant with a message confirming CBP's acceptance of the ACH debit 
authorization. The ACH debit participant is required to ensure that the 
money amount, which will be identified on the Preliminary PMS, is--in 
fact--available in the ACH debit participant's bank account on the 15th 
day of the month following the month in which the merchandise scheduled 
for monthly processing is either entered or released, whichever comes 
first, unless the importer or the importer's designated broker elects 
an earlier date. On that day, CBP transmits the debit authorizations 
compiled in the Preliminary PMS from the Periodic Daily Statements to 
the designated financial institution, and CBP then identifies the 
Preliminary PMS as paid.
    CBP subsequently generates the Final PMS on the night that CBP 
transmits the debit authorizations to the designated financial 
institution, and then transmits the Final PMS to the importer or the 
importer's designated broker. The Final PMS serves as evidence of the 
payment of the Preliminary PMS through an ACH transaction; but, the 
funds transfer is usually not completed until two (2) business days 
after the transmission of the debit authorizations to the designated 
financial institution.

B. PMS Test Modification and Clarification Related to ACH Debit Process

    This document announces that, in order to more accurately reflect 
the status of the funds transfer, CBP will no longer identify an ACH 
debit participant's Preliminary PMS as paid immediately upon the 
transmission of the ACH debit authorizations to the designated 
financial institution by CBP (which occurs on the 15th day of the month 
following the month in which the merchandise scheduled for monthly 
processing is either entered or released, whichever comes first, unless 
the importer or the importer's designated broker selects an earlier 
date). The Preliminary PMS will still be issued; but, instead, CBP will 
issue the Final PMS and identify it as paid upon receiving confirmation 
from the Department of the Treasury (Treasury) that the funds are 
available and transferred to CBP (which marks the completion of the 
funds transfer).
    The modifications announced in this document do not affect the 
timeliness of the payment, which remains based upon the date of CBP's 
acceptance of the ACH debit authorizations for the entries. Once CBP 
receives confirmation from Treasury that the funds are available

[[Page 46751]]

and transferred to CBP, then CBP will treat the date of CBP's 
acceptance of the ACH debit authorizations as the effective payment 
date for purposes of determining the timeliness of the payments for the 
entries. The date of CBP's acceptance of the ACH debit authorizations 
also remains the date for the calculation of interest and/or liquidated 
damages, if applicable; the calculation is unaffected by the 
modifications announced in this document. It is important to note that 
this modification only applies to importers who participate in the test 
program. For all other importers participating in statement processing 
via ABI, the current regulation, 19 CFR 24.25(c)(4), continues to 
govern when CBP identifies a statement as paid.

III. ACH Credit Process

A. Background on Payment of PMS via ACH Credit Process

    The ACH credit process permits participants to electronically 
transmit payment for PMS, through the ACH credit participant's 
financial institution, directly to the CBP account maintained by 
Treasury. The ACH credit participant is required to ensure that CBP 
receives the ACH credit payment no later than the 15th day of the month 
following the month in which the merchandise scheduled for monthly 
processing is either entered or released, whichever comes first, unless 
the importer or the importer's designated broker elects an earlier 
date. If the 15th day of that month falls on a weekend or holiday, the 
ACH credit participant is required to ensure that CBP receives the ACH 
credit payment by the business day directly preceding such weekend or 
holiday. Currently, CBP identifies a Preliminary PMS as paid upon the 
acceptance of the ACH credit payment by CBP, which equates to the 
collection and settlement date. CBP generates the Final PMS on the 
night that CBP accepts the ACH credit payment, and then transmits the 
Final PMS to the importer or the importer's designated broker. The 
Final PMS serves as evidence of the payment of the Preliminary PMS 
through an ACH transaction.

B. Test Modification and Clarification Related to ACH Credit Process

    In order to promote consistency with the modifications of the PMS 
test in relation to ACH debit payments, this document also modifies the 
PMS test to reflect that CBP will identify the Final PMS, as opposed to 
Preliminary PMS, as paid for the ACH credit process. As explained above 
for the ACH debit process, these changes do not affect either the 
timeliness of the payment or the date for the calculation of interest 
and/or liquidated damages, if applicable, for the ACH credit process. 
It is important to note that this modification only applies to 
importers who participate in the test program. For all other importers 
participating in statement processing via ABI, the current regulation, 
19 CFR 24.25(c)(4), continues to govern when CBP identifies a statement 
as paid.

IV. Republication of Periodic Monthly Statement (PMS) Test

A. Overview of Modifications and Clarifications of the Test

    This section provides a description of the process for entries 
scheduled for monthly payment, as of this date, including the 
modifications and clarifications made by this notice. Several 
modifications and clarifications of the PMS test have been announced 
after the PMS test's most recent republication in a Federal Register 
notice on January 20, 2006. See 71 FR 3315 (January 20, 2006). 
Accordingly, this republication of the PMS test reflects several 
substantive modifications and clarifications of the PMS test that were 
not reflected in the PMS test's previous republication in the January 
20, 2006 Federal Register notice.
    First, in order to reflect the modifications and clarifications 
made by this notice, this document addresses the ACH payment processes 
in three (3) separate paragraphs--paragraph f pertains exclusively to 
the ACH debit process, paragraph g pertains exclusively to the ACH 
credit process, and new paragraph h pertains to both ACH payment 
processes.
     Paragraph f establishes when ACH debit participants are 
required to submit the ACH debit authorizations, when CBP will transmit 
the ACH debit authorizations to the financial institution, and when the 
money amount identified on the Preliminary Periodic Monthly Statement 
should, in fact, be available in an ACH debit participant's bank 
account.
     Paragraph g provides when, for ACH credit participants, 
CBP must receive the ACH credit payment.
     New Paragraph h provides that, upon the completion of the 
funds transfer, CBP will issue the Final Periodic Monthly Statement and 
identify it as paid, transmit the Final Periodic Monthly Statement to 
the importer or the importer's designated broker, and treat the date of 
CBP's acceptance as the effective payment date of the PMS for purposes 
of calculation of interest and/or liquidated damages, if applicable. 
Any references to the marking of a PMS as paid and the generation of 
the Final Periodic Monthly Statement (previously contained in 
paragraphs f and g of the republication of the PMS test that was 
published in the January 20, 2006 Federal Register notice) have been 
moved to paragraph h to reflect that, for both ACH debit and ACH credit 
participants, CBP will no longer identify a PMS as paid or issue a 
Final Periodic Monthly Statement prior to the completion of the funds 
transfer.
    Second, new paragraphs i and j contain modifications of the PMS 
test that were announced in a Federal Register notice published on June 
2, 2006. See 71 FR 32114 (June 2, 2006). Paragraph i pertains to the 
payment of estimated duties, taxes, and fees for single entries or 
incremental entries involving split shipments. Paragraph j pertains to 
the payment of estimated duties, taxes, and fees for single entries or 
incremental entries involving unassembled or disassembled entities.

B. Periodic Monthly Statement (PMS) Test

    Entries scheduled for monthly payment will be processed as follows:
    a. As entries are filed with CBP, the importer or the importer's 
designated broker schedules them for monthly payment.
    b. CBP posts all entries that are scheduled for monthly payment on 
the Preliminary Periodic Daily Statement.
    c. The importer or the importer's designated broker processes entry 
summary presentation transactions for each Preliminary Periodic Daily 
Statement within 10 working days of the date of entry.
    d. After summary information has been filed, CBP posts the 
scheduled entries on the Final Periodic Daily Statement.
    e. Entries appearing on the Final Periodic Daily Statements and 
scheduled for monthly payment appear on the Preliminary Periodic 
Monthly Statement. CBP will generate the Preliminary Periodic Monthly 
Statement by the 11th calendar day of the month following the month in 
which the merchandise is either entered or released, whichever comes 
first, unless the importer or the importer's designated broker selects 
an earlier date.
    f. Automated Clearinghouse (ACH) debit participants are required to 
submit one debit authorization for each Preliminary Periodic Daily 
Statement at any time from the creation of the Preliminary Periodic 
Daily Statement until the creation of the related

[[Page 46752]]

Preliminary Periodic Monthly Statement. If an ACH debit participant 
fails to submit an ACH debit authorization for a Preliminary Periodic 
Daily Statement within 10 working days of the date of entry, payment 
for the Preliminary Periodic Daily Statement is considered late; 
however, the ACH debit participant will still be permitted to submit 
the ACH debit authorization. CBP will transmit the debit authorizations 
compiled in the Preliminary Periodic Monthly Statement to the financial 
institution on the 15th working day of the month following the month in 
which the merchandise is either entered or released, whichever comes 
first, unless the importer or the importer's designated broker selects 
an earlier date. ACH debit participants must ensure that the money 
amount identified on the Preliminary Periodic Monthly Statement is, in 
fact, available in their bank account by the 15th working day of that 
month.
    g. For ACH credit participants, CBP must receive the ACH credit 
payment no later than the 15th day of the month following the month in 
which the merchandise scheduled for monthly processing is either 
entered or released, whichever comes first, or if that day falls on a 
weekend or holiday, the business day directly preceding such weekend or 
holiday, unless the importer or the importer's designated broker 
selects an earlier date.
    h. For both ACH credit and ACH debit participants, once CBP 
receives confirmation from Treasury that the funds are available and 
transferred to CBP (which marks the completion of the funds transfer), 
then CBP will: (1) Issue the Final Periodic Monthly Statement and 
identify it as paid; (2) transmit the Final Periodic Monthly Statement 
to the importer or the importer's designated broker; and (3) treat the 
date of CBP's acceptance of the ACH credit or debit payment as the 
effective payment date of the PMS for purposes of the calculation of 
interest and/or liquidated damages, if applicable. CBP will generate 
the Final Periodic Monthly Statement on the night that payment is 
processed.
    i. Importers choosing to file a single entry involving split 
shipments consistent with the provisions of 19 CFR 141.57(d)(1) or 
unassembled or disassembled entities consistent with the provisions of 
19 CFR 141.58(d)(1) may pay estimated duties, taxes, and fees 
attributable to those entries through the method set forth in the PMS 
test. The date of filing of that entry identifies the month in which 
entry is filed and establishes the obligation to pay estimated duties, 
taxes, and fees by the 15th working day of the month following the 
month in which entry is filed.
    j. Importers choosing to file incremental entries involving split 
shipments consistent with the provisions of 19 CFR 141.57(d)(2) or 
unassembled or disassembled entities consistent with the provisions 19 
CFR 141.58(d)(2) as a special permit for immediate delivery after the 
arrival of the first portion (Incremental Release) also may pay 
estimated duties, taxes, and fees attributable to that entry through 
the method set forth in the PMS test. The date that the importer 
obtains release of the first portion of the entity (as provided in 19 
CFR 141.57(e) or 19 CFR 141.58(e)) will identify the month that the 
entry is filed and establishes the obligation to pay estimated duties, 
taxes, and fees by the 15th working day of the month following the 
month in which entry is filed.
    Participants should note that if they voluntarily remove an entry 
from a Periodic Daily Statement before expiration of the 10-working-day 
period after release, that entry may be placed on another Periodic 
Daily Statement falling within the same 10-working-day period. If, 
however, participants remove an entry from a Periodic Daily Statement 
after expiration of the 10-working-day period after release, the entry 
may be the subject of a claim for liquidated damages for late payment.

V. Previous Notices and Suspension of Regulations

    For purposes of this test, any provision in title 19 of the Code of 
Federal Regulations including, but not limited to, the provisions found 
in parts 24, 141, 142, and 143 thereof relating to entry summary filing 
and processing that are inconsistent with the requirements set forth in 
this notice are waived for the duration of the test. See 19 CFR 
101.9(b). This document does not waive any recordkeeping requirements 
found in part 163 of title 19 of the Code of Federal Regulations (19 
CFR part 163) and the Appendix to part 163 (commonly known as the 
``(a)(1)(A) list'').

    Dated: August 29, 2019.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2019-19147 Filed 9-4-19; 8:45 am]
BILLING CODE 9111-14-P