Modification of Test Program Regarding Electronic Foreign Trade Zone Admission Applications, 60479-60483 [2020-21151]
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Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Notices
Dated: September 22, 2020.
Miguelina Perez,
Program Analyst, Office of Federal Advisory
Committee Policy.
for submitting electronic Foreign Trade
Zone (FTZ) admission applications.
Specifically, this notice announces that
the zone identification number is being
expanded from seven to nine digits and
that test participants will now have the
ability to submit ‘‘replace’’ requests to
modify parts of an admission while
retaining the original filing date, submit
post-admission correction requests, and
cancel permit to transfer transactions.
Further, for ease of reference, this notice
also reproduces the current test
requirements in full.
DATES: As of September 26, 2020, the
modifications to the test announced in
this notice, with the exception of the
expanded nine-digit zone identification
number, will become operational. The
expanded zone identification number
will be implemented as of January 25,
2021. This test will continue until
concluded by way of announcement in
the Federal Register.
ADDRESSES: Comments concerning this
notice and any aspect of this test may
be submitted at any time during the test
via email to Cargo & Conveyance
Security, Office of Field Operations,
U.S. Customs and Border Protection, at
FTZe214Test@cbp.dhs.gov, with a
subject line identifier reading
‘‘Comment on Electronic FTZ
Admission Application FRN.’’
FOR FURTHER INFORMATION CONTACT: For
operational questions, contact Lydia
Jackson, Cargo & Conveyance Security,
Office of Field Operations, U.S. Customs
and Border Protection, at 202–344–3055
or FTZe214Test@cbp.dhs.gov. For
technical questions, contact Arnold
Buratty, Cargo Systems Program
Directorate, Office of Information and
Technology, U.S. Customs and Border
Protection, at 571–468–5309 or
Arnold.Buratty@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–21238 Filed 9–24–20; 8:45 am]
I. Background
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
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property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Reviewers Orientation: https://
grants.nih.gov/grants/peer/reviewer_
guidelines.htm
Videos for Reviewers: https://
www.youtube.com/user/nihgrants
Name of Committee: National Institute of
Diabetes and Digestive and Kidney Diseases
Initial Review Group Digestive Diseases and
Nutrition C Subcommittee DDK–C
Subcommittee.
Date: October 21–23, 2020.
Time: 5:00 p.m. to 11:00 a.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, Two
Democracy Plaza, Room 7017, 6707
Democracy Boulevard, Bethesda, MD 20892
(Video Meeting).
Contact Person: Maria E. Davila-Bloom,
Ph.D., Scientific Review Officer, Review
Branch, Division of Extramural Activities,
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MD 20892–5452, (301) 594–7637, NIH
iPhone: (301) 795–5944, davila-bloomm@
extra.niddk.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.847, Diabetes,
Endocrinology and Metabolic Research;
93.848, Digestive Diseases and Nutrition
Research; 93.849, Kidney Diseases, Urology
and Hematology Research, National Institutes
of Health, HHS)
BILLING CODE 4140–01–P
A. National Customs Automation
Program Test
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
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Modification of Test Program
Regarding Electronic Foreign Trade
Zone Admission Applications
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
modifications to U.S. Customs and
Border Protection’s (CBP’s) test program
SUMMARY:
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The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement (NAFTA)
Implementation Act (Customs
Modernization Act) (Pub. L. 103–182,
107 Stat. 2057, 2170, December 8, 1993)
(19 U.S.C. 1411). Through NCAP, the
thrust of customs modernization was on
trade compliance and the development
of the Automated Commercial
Environment (ACE), the planned
successor to the Automated Commercial
System (ACS), as the electronic data
interchange (EDI) system authorized by
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U.S. Customs and Border Protection
(CBP). 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
designed to replace specific legacy ACS
functions and add new 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. See T.D. 95–21, 60 FR
14211 (March 16, 1995).
B. Electronic Foreign Trade Zone (FTZ)
Admission Application Test
On August 19, 2005, CBP published a
notice in the Federal Register (70 FR
48774) announcing an NCAP test
concerning the electronic submission of
FTZ admission data. The test notice
provided that participants would
electronically submit data contained in
the ‘‘Application for Foreign-Trade
Zone Admission and/or Status
Designation’’ (CBP Form 214; the
electronic version of the form is referred
to as e214). The notice described the test
program in detail, identified the
regulatory provisions suspended for the
test, and set forth the test
commencement date as no earlier than
September 30, 2005, with a test period
of approximately 6 months. The test
notice also set forth the prototype
procedures and listed the required data
elements that must be provided to CBP
when filing an electronic FTZ
admission application. Participants
were required to participate in an
evaluation of this test to take place at
the end of the 6-month period.
Due to low participation in the test
program and insufficient data collected,
CBP announced that the test would be
run again, in the Federal Register (72
FR 14128) on March 26, 2007. The
newly announced test program was
intended to encourage greater
participation by the trade and thereby
provide more meaningful data to CBP to
assess the feasibility of implementing
the test program on a permanent basis.
CBP made certain clarifications
regarding required data elements and
announced that ACE would be the only
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CBP-approved EDI for the test, in a
Federal Register notice published on
August 16, 2017 (82 FR 38923). Initially,
in that notice, CBP provided an effective
date of September 17, 2017. However,
the effective date was later shifted to
December 9, 2017. See 82 FR 43395
(Sept. 15, 2017). The test remains in
progress and will continue until
concluded by way of announcement in
the Federal Register.
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II. New Test Modifications for
Electronic Foreign Trade Zone
Admission Applications
This notice announces changes to the
test program for submitting the
electronic FTZ admission applications
(hereinafter Electronic FTZ test). The
zone identification number is being
expanded from seven to nine digits and
test participants will now have the
ability to submit ‘‘replace’’ requests to
modify parts of an admission while
retaining the original filing date, submit
post-admission correction requests, and
cancel a permit to transfer transaction.
The changes are discussed separately
below, and further information is
contained in the ACE Foreign Trade
Zone (e214) chapter of the CBP and
Trade Automated Interface
Requirements (CATAIR), available at:
https://www.cbp.gov/trade/ace/catair.
Filers not participating in the test will
continue to submit FTZ admission
applications on CBP Form 214
(Application for Foreign-Trade Zone
Admission and/or Status Designation).
For ease of reference, the complete test
requirements (including the new
modifications) are provided further at
the end of this notice.
A. Expansion of the Zone Identification
Number
CBP assigns unique identifiers for all
FTZ site locations. The length of the
alpha-numeric zone identification
number (Zone ID number) will be
expanded from seven to nine digits to
accommodate additional Subzones and
sets of General Purpose (GP) Zone
Acreage, as well as additional FTZ site
locations associated with a Subzone or
a set of GP Zone Acreage. The expanded
nine-digit Zone ID number will consist
of the following, in the listed order:
• 3 numeric digits representing the FTZ
designation;
• 3 alpha-numeric characters
representing, as appropriate, either:
—the Subzone designation; or,
—the GP Zone Acreage designation;
and
• 3 alpha-numeric characters
representing, as appropriate, either:
—the Subzone Site designation; or,
—the GP Site designation.
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As noted in the DATES section above, the
transition to the expanded Zone ID
number will be completed 120 days
from the date of publication of this
notice.
CBP will coordinate internally prior
to and throughout the 120-day period
following publication of this notice to
transition to the expanded nine-digit
system by aiding the local port offices
with issuing the expanded Zone ID
numbers to the FTZ operators. The FTZ
operators are responsible for ensuring
the type 04 FTZ bond associated with
each FTZ site profile in ACE is up to
date and active. As needed, CBP Client
Representatives will assist software
vendors and trade filers as the primary
point of contact during this time. At the
conclusion of the 120-day transition
period, all existing Zone ID numbers
will have been replaced with systemgenerated expanded Zone ID numbers
and all Zone ID numbers issued in the
future will consist of nine digits.
B. Replace Requests To Modify a
Previously Submitted Admission While
Retaining the Original Date of Filing
Currently, for modifications to FTZ
admission data, an admission must first
be deleted and then a complete
replacement of the admission must be
filed. This process causes a break in
custody by generating a new admission
date. Retaining the original admission
date is necessary to ensure that
privileged foreign status duty rates are
correctly applied, and that is critical to
maintain the integrity of the FTZ
operator’s foreign status inventory.
Without maintaining the original
admission date, inventory could be
subject to higher duty rates that become
effective subsequent to the original
admission date. Accordingly, in order to
ensure the integrity of the zone
inventory, CBP has added new
functionality to the Electronic FTZ test
to allow for ‘‘replace’’ requests to
modify an admission while retaining the
original admission date.
To make a ‘‘replace’’ request for a
modification, filers of the e214 must
submit one of the mandatory reason
codes and provide a contact name and
contact phone number. Reason codes for
modifications can be found in the
CATAIR and are as follows: 01 Change/
Add Conveyance(s); 02 Delete
Conveyance(s); 03 Change/Add Bill of
Lading(s); 04 Delete Bill of Lading(s); 05
Change/Add HTSUS Line(s); 06 Delete
HTSUS Line(s); 07 Change Admitted
Quantity; and 08 Other. CBP will
consider replace requests for
modifications on a transactional basis
and, upon CBP review, the filer will
receive a message with a disposition
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code indicating whether the request was
approved or denied.
C. Submission of Post-Admission
Correction Requests
Changes to an admission that has
been fully accepted into the zone (via a
process known as concurrence) are not
permitted in the Electronic FTZ test.
The process of replacing an entire
admission creates a cumbersome
process that affects other transactions
associated with the bills of lading on the
initial admission, which could lead to
delays in cargo movement. Therefore,
CBP has added the ability to request a
post-admission correction to the
Electronic FTZ test that will allow for
modification after the admission has
been concurred and fully accepted into
the zone operator’s inventory and
recordkeeping system. The postadmission correction process described
here does not affect the bond liability
that would otherwise exist absent the
correction.
To request a modification for an
admission that has been fully accepted
into the zone, which will be considered
by CBP on a transactional basis, filers
must submit one of the mandatory
reason codes and must also submit a
contact name and contact phone
number.
Reason codes for post-admission
correction requests can be found in the
CATAIR and are as follows: 01 Clerical
error; 02 Admission replaced by CBP
Form 7512 (Replacement in-bond
number required; must be authorized by
CBP); 03 Merchandise cleared under
another admission (Replacement
admission number already on file
required); 04 Admission replaced by a
formal entry (Replacement entry
number already on file required); 05
Merchandise cleared under informal
entry (Replacement entry number
already on file required); 06
Merchandise seized; 07 Merchandise
destroyed; 08 Non-arrival; 09 Shipment
refused by importer/zone operator; 10
Shipment not authorized for import
(refused by PGA); and 11 System error.
Moreover, there is a 15-day time limit
from the date of arrival in the port in
which to request a post-admission
correction; for any correction requests
outside of the 15-day time limit, please
contact your local port. Upon CBP
review, the filer will receive a message
with a disposition code indicating
whether the post-admission correction
request was approved or denied.
D. Cancellation of Permit To Transfer
(PTT) Transactions
Currently, PTT transactions are not
permitted to be cancelled. A PTT is a
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permit to transfer cargo from one
bonded location in a CBP Port of Entry
to another bonded location within the
same CBP Port of Entry. In the case of
the e214 processes, the bonded
movement is only to an FTZ site, which
is represented by its CBP-assigned
Facilities Information and Resources
Management Systems (FIRMS) code.
This limitation makes it difficult to
facilitate instances where the diversions
of cargo to other designated locations is
required for purposes such as
inspections or to effectuate a withhold
release order. In order to alleviate this
issue, CBP has added new functionality
to the Electronic FTZ test that will allow
for PTT Cancel transactions by the filer
or by CBP.
For each electronic PTT, filers receive
a response with a CBP-generated PTT
unique identifier (PID). This PID is
required to request the cancellation of
the associated PTT. Upon CBP review,
the filer will receive a message with a
disposition code indicating whether the
PTT Cancel transaction request was
approved or denied, as there can be
errors encountered during processing.
an FTZ by electronically transmitting
the CBP Form 214 data elements to CBP.
The data transmission may cover a
single shipment of merchandise or be a
consolidated transmission that covers
multiple shipments to a single zone.
CBP must receive the CBP Form 214
before the merchandise can be
authorized for admission into the FTZ.
An exception to this requirement exists
for test participants who are authorized
to use the FTZ direct delivery
procedures, as discussed below.
merchandise transferred from another
zone, and domestic status merchandise;
agree to, or refuse to, accept custodial
responsibility for an admission
submitted by an entity other than itself
as the Operator; report arrival of
merchandise to the FTZ; assume
custodial responsibility for the
admission authorized merchandise;
submit a request on behalf of the
applicant for a change of zone status on
specific merchandise; and submit
request for post-admission correction.
2. Prior Notice Reporting Requirements
Test participants, including those
approved to participate under direct
delivery procedures, must comply with
the prior notice reporting requirements
stipulated in the Public Health Security
and Bioterrorism Preparedness and
Response Act of 2002 (‘‘the Bioterrorism
Act’’), Public Law 107–188. Title III of
the Bioterrorism Act contains provisions
relating to providing the Department of
Health and Human Services with prior
notice regarding certain information
about foods that are imported or offered
for import into the United States.
5. Transmittal of Statistical Data to the
Bureau of Census
After the FTZ Operator has concurred
the admission CBP will transmit
statistical data to the Bureau of the
Census through an automated link.
III. Complete Requirements for Test
Program Regarding Electronic Foreign
Trade Zone Admission Applications
The Electronic FTZ test has been
running continuously since March 26,
2007. CBP will inform the public of
CBP’s decision to conclude the test
program by way of announcement in the
Federal Register. For ease of reference,
the complete test requirements
(including the new modifications) are
provided below.
3. Direct Delivery Procedures
As a general rule, a test participant
who is also authorized to use the direct
delivery procedures prescribed in 19
CFR 146.39 to admit merchandise into
an FTZ may transmit the required data
to CBP on an electronic CBP Form 214
no later than the close of business on
the business day following receipt of the
merchandise into the FTZ inventory
control and recordkeeping system. With
regard to the applicability of direct
delivery procedures in the context of the
test program, two exceptions to the
above rule are noted. First, as stated
above, direct delivery participants are
subject to any applicable prior notice
reporting requirements set forth in the
Bioterrorism Act. Second, in the
absence of a CBP Form 7512, or its
electronic equivalent, authorizing an inbond movement, a test participant may
electronically transmit a permit to
transfer request for the intra-port
bonded movement of the merchandise
to the FTZ site.
A. Regulatory Provisions Suspended
Subpart C to part 146 of the CFR
prescribes the conditions applicable to
admission of merchandise into a foreign
trade zone. To the extent that certain
provisions within subpart C to part 146
may be incompatible with the terms of
this test program, the affected regulatory
provisions will be suspended for the
duration of the test.
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60481
B. Participant Eligibility
Eligible participants in the Electronic
FTZ Admissions Application test
program include: FTZ operators; FTZ
Admission Applicants; Agents of FTZ
Operators; and Agents of FTZ
Admission Applicants. Participation in
the test is voluntary and there are no
application procedures.
C. Prototype Procedures
1. Submission of Electronic CBP Form
214 and Related Data
Test participants must request
permission to admit merchandise into
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4. FTZ Operators as Test Participants
Under the test program, an FTZ
operator will be able to transmit the
following transactions via the
Automated Broker Interface (ABI):
Submit a permit to transfer request for
merchandise coming to its FTZ Site;
submit requests to cancel a specific
existing permit to transfer request;
submit application for admission on
behalf of the applicant for imported
zone status merchandise, zone status
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D. Required Data Elements
Participants in the test must provide
CBP with the following data elements,
which consist of the previously required
data elements and the newly announced
data elements:
• A code representing the action to be
taken (e.g., add, delete, replace).
• The line item number.
• The Zone ID number. This zone
identification number is comprised of
the FTZ number designation, any
Subzone or General Purpose Zone
designation and a physical FTZ Site
designation. Currently Zone IDs are
seven characters in length. The
transaction will now accommodate the
expanded nine-character CBP-assigned
Zone ID when its use becomes
mandatory.
• The port code where the FTZ is
located as shown in Schedule D,
Harmonized Tariff Schedule of the
United States (HTSUS).
• An indicator specifying whether the
merchandise is being admitted into the
FTZ under direct delivery procedures.
• The Automated Broker Interface
(ABI) filer code.
• The ABI routing code and optional
office extension for one additional ABI
participant who will receive a copy of
the electronic CBP Form 214 and
subsequent electronic notifications.
• The Importer of Record Number
applicant.
• An indicator specifying the
admission type.
• The mode of transportation code.
Valid codes are listed in Appendix B of
the Customs and Trade Automated
Interface Requirements (CATAIR), Pub #
0875–0419.
• The name of the conveyance (if not
a vessel, the name of the transportation
company).
• The vessel voyage, truck or rail trip,
or aircraft flight number.
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• The country of export.
• The export date. For merchandise
arriving in the United States by vessel:
The month, day and year on which the
vessel departed the last port of the
country of exportation. For merchandise
exported by air: The month, day and
year on which the aircraft departed the
last airport of the country of
exportation. For merchandise exported
by truck or rail: The month, day and
year in which the carrier crossed the
border of the country of exportation.
• The import date. For merchandise
arriving in the United States by vessel:
The month, day and year on which the
vessel transporting the merchandise
from the foreign country arrived within
the limits of the U.S. port at which the
merchandise was unladen. For
merchandise arriving in the United
States other than by vessel: The month,
day and year in which the merchandise
arrived within U.S. customs territory.
• The zone admission number (which
is made up of the Zone ID (described
above in more detail), the two-digit
calendar year (of the current year), and
the control number (the unique
admission designation assigned by the
Applicant or Operator).
• The U.S. port of unlading (the port
at which the merchandise was unladen).
Valid codes are listed in Schedule D,
HTSUS.
• The foreign port of lading.
• The bill of lading or airway bill
number.
• The house bill number.
• The Standard Carrier Alpha Code
(SCAC) identifier of the importing
carrier.
• The immediate transportation (IT)
number assigned to in-bond shipments
and the date the CBP Form 7512 was
prepared.
• The number of packages. An
indication of the quantity and unit of
measure (cartons, cases, bundles, etc.) in
the shipment as stated in the Customs
Automated Manifest Interface
Requirements (CAMIR). For
containerized merchandise, an
indication of the number of packages
within the container(s) and the
container number(s). For bulk
shipments, show ‘‘1 Bulk.’’
• Country of origin code, provided in
Annex B, ISO code, HTSUS, which
represents the country of origin in
which the product was manufactured,
mined, or grown. Labor work or material
added to an article in another country
must affect a substantial transformation
in order for such other country to
become the actual ‘‘country of origin.’’
If the merchandise is from more than
one country of origin, the country of
origin will be indicated separately
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against each HTSUS subheading or
group of subheadings.
• A detailed description of the
merchandise at the line item level.
• The Manufacturer Identification
(MID) number (as required for type 01
entries).
• The applicable HTSUS number(s).
• The statistical reporting quantity of
the merchandise for each HTSUS
number.
• The quota category (if applicable).
• The gross weight in kilograms of the
merchandise. Supply separate gross
weight information for each HTSUS
subheading.
• The separate value and aggregate
charges: For each HTSUS, enter the
purchase price (in U.S. dollars) or, if the
merchandise was not acquired by
purchase, the equivalent of such price.
Also, report the aggregate cost (in U.S.
dollars) of freight, insurance, and all
other costs, charges and expenses
incurred in bringing the merchandise
from alongside the carrier at the foreign
port of exportation in the country of
exportation in addition to unlading the
merchandise at the first U.S. port of
entry.
• The indicator designating a special
program and country affecting duty
payments (if applicable).
• If applicable, a qualifier code and
reference identifier associated with the
shipment. Valid qualifiers are listed in
the CATAIR.
• The Harbor Maintenance Fee (if
applicable).
• The zone status designation of the
merchandise.
• The container number if a permit to
transfer is requested.
• Concurrence data relating to the
admission application.
• The Importer of Record number of
the bonded carrier nominated for a
permit to transfer request to move
merchandise to an FTZ site.
• The Facilities Information and
Resources Management Systems
(FIRMS) code identifying the location
where the merchandise (moving on a
permit to transfer transaction) is being
delivered.
• An indicator if the merchandise is
subject to Bioterrorism Act of 2002
requirements.
• Under 19 CFR 12.145 and
360.101(c), the steel import license
number needs to be provided on CBP
Form 214 at the time of filing under 19
CFR part 146, in the case of
merchandise admitted into an FTZ.
• The unique identifying number of
Kimberley Process Certificate (if
applicable). The Kimberley Process
Certificate must be presented in
connection with an importation of
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rough diamonds into an FTZ and
exportation out of an FTZ if demanded
by a CBP official pursuant to 31 CFR
592.404 and 592.301.
• For replace requests to modify a
previously submitted admission while
retaining the original filing date, filers
must include the reason code and the
contact name and contact phone
number.
• To submit post-admission
correction requests after an admission
has been concurred (fully accepted into
a zone), filers must include the reason
code and the contact name and contact
phone number.
• For requests to cancel a permit to
transfer (PTT) transaction, filers must
include a permit to transfer transaction
unique identifier (PID).
• The Importer of Record Number of
the Zone Operator.
• The Facilities Information and
Resources Management Systems
(FIRMS) code identifying the FTZ Site
location where the merchandise is to be
admitted.
Test participants are responsible for
the accuracy and completeness of all
data transmitted under the prototype.
E. Processing of Electronic FTZ
Admission Applications
Upon approval of an electronic FTZ
admission application, CBP will
transmit electronic notice to the test
filer authorizing admission of the
merchandise into the FTZ. As noted
above, this approval process does not
apply to merchandise admitted to an
FTZ under direct delivery procedures.
Upon approval of an electronic
request for a permit to transfer, CBP will
electronically transmit approval/denial
to transfer the merchandise into the FTZ
electronically to the test filer, and to the
carrier of the merchandise. CBP will
also provide electronic notice to these
parties as to whether the merchandise is
subject to CBP examination. In addition,
test program participants and carriers
will be able to receive electronic
notification concerning the status of an
admission request.
A test participant whose FTZ
admission application is rejected by
CBP will be provided with an
opportunity to correct the reported
error. A complete re-transmission of the
entire admission application is required
by CBP.
F. Misconduct Under the Test
A test participant may be subject to
civil and criminal penalties,
administrative sanctions, liquidated
damages, and/or suspension from this
test for any of the following:
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• Failure to abide by the terms and
conditions of this test, and any
applicable laws and regulations.
• Failure to exercise reasonable care
in the execution of participant
obligations.
• Misuse of the automated CBP Form
214 (i.e., engaging in unauthorized
disclosure or any activity which
interferes with the successful evaluation
of the new technology).
The Director, Cargo Security and
Control Division, will administer
suspensions for misconduct. A written
notice proposing suspension will be
provided to the participant. Such notice
will apprise the participant of the
alleged facts or conduct warranting
suspension and will inform the
participant of the date that the
suspension will begin. Any decision
proposing suspension of a participant
may be appealed in writing to the
Executive Assistant Commissioner,
Office of Field Operations, 1300
Pennsylvania Ave. NW, Washington, DC
20229, within 15 calendar days of the
notification date. An appeal must
address the alleged facts or conduct
charges contained in the notice and
state how compliance has been or will
be achieved. In cases of non-payment,
late payment, willful misconduct or
where public health interests or safety
are concerned, the suspension may be
effective immediately. The same appeal
procedures apply in cases of immediate
suspension.
khammond on DSKJM1Z7X2PROD with NOTICES
G. Test Evaluation Criteria
To ensure adequate feedback,
participants are required to participate
in an evaluation of this test. CBP also
invites all interested parties to comment
on the design, conduct and
implementation of the test at any time
during the test period. CBP will publish
the final results in the Federal Register
and the Customs Bulletin as required by
section 101.9(b) of Title 19 of the CFR.
The following evaluation methods
and criteria have been suggested:
1. Baseline measurements to be
established through data analysis;
2. Questionnaires from both trade
participants and CBP addressing
such issues as:
• Workload impact (workload shifts/
volume, cycle times, etc.)
• Cost savings
• Policy and procedure
accommodation
• Trade compliance impact
• Problem resolution
• System efficiency
• Operational efficiency
• Other issues identified by the
participant group
VerDate Sep<11>2014
18:25 Sep 24, 2020
Jkt 250001
Dated: September 21, 2020.
William A. Ferrara,
Executive Assistant Commissioner, Office of
Field Operations.
[FR Doc. 2020–21151 Filed 9–24–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. CISA–2020–0010]
SAFECOM Membership Questionnaire
Cybersecurity and
Infrastructure Security Agency (CISA),
Department of Homeland Security
(DHS).
ACTION: 60-Day Notice and request for
comments; New collection (Request for
a new OMB Control Number, 1670–
NEW.
AGENCY:
DHS CISA Emergency
Communications Division (ECD) will
submit the following Information
Collection Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995.
SUMMARY:
Comments are encouraged and
will be accepted until November 24,
2020.
DATES:
You may submit comments,
identified by docket number CISA–
2020–0010, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Please follow the
instructions for submitting comments.
• Email: SAFECOMGovernance@
hq.dhs.gov. Please include docket
number CISA–2020–0010 in the subject
line of the message.
• Mail: Written comments and
questions about this Information
Collection Request should be forwarded
to DHS/CISA/ECD, ATTN: 1670–NEW,
245 Murray Lane SW, Mailstop 0613,
Washington, DC 20598–0613.
• Faxed: CISA ECD—ATTN: Robert
Rhoads c/o Ralph Barnett III at (703)
705–6130.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided.
Comments submitted in response to
this notice may be made available to the
public through relevant websites. For
this reason, please do not include in
your comments information of a
confidential nature, such as sensitive
ADDRESSES:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
60483
personal information or proprietary
information. If you send an email
comment, your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
internet. Please note that responses to
this public comment request containing
any routine notice about the
confidentiality of the communication
will be treated as public comments that
may be made available to the public
notwithstanding the inclusion of the
routine notice.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Ralph Barnett
III at SAFECOMGovernance@
hq.dhs.gov.
SUPPLEMENTARY INFORMATION: On
November 16, 2018, Congress passed
Public Law 115–278, to amend the
Homeland Security Act of 2002 (6
U.S.C. 101 et seq.), enacted and
authorized the Cybersecurity and
Infrastructure Security Agency (CISA) of
the Department of Homeland Security
(DHS). Statue 4173 § (f)(3) under title
XVIII mandated CISA to construct the
Emergency Communications Division as
one of three components. Furthermore,
Statue 4173 § (f)(3) calls for the
Emergency Communications Division to
be headed by the Assistant Director.
Statue 4175 § (c)(1)(2) (6 U.S.C. 571
note.) re-designated the Office of
Emergency Communications to become
the Emergency Communications
Division, headed by the Assistant
Director. In accordance with Statue
4179 § 1801 (6 U.S.C. 571)(b) title XVIII,
the Assistant Director for the Emergency
Communications Division is required to
report to the Director of CISA. Section
2202 (6 U.S.C. 652)(b)(1) specifies for
the head of CISA to be re-designated as
the Director, who is required to report
to the Secretary of the Department of
Homeland Security.
CISA enhances public safety
interoperable communications at all
levels of government to help partners
across the country develop their
emergency communications
capabilities. Working with stakeholders
across the country, CISA conducts
extensive, nationwide outreach to
support and promote the ability of
emergency response providers and
relevant government officials to
continue to communicate in the event of
a natural disaster, act of terrorism, or
other man-made disaster. Public Law
109–296, Title VI, § 671(b), Title XVIII,
§ 1801(c)(2) mandates DHS through
CISA to administrate and manage
SAFECOM, a state, local, tribal, and
territorial stakeholder-driven public
E:\FR\FM\25SEN1.SGM
25SEN1
Agencies
[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60479-60483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21151]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
Modification of Test Program Regarding Electronic Foreign Trade
Zone Admission Applications
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces modifications to U.S. Customs and
Border Protection's (CBP's) test program for submitting electronic
Foreign Trade Zone (FTZ) admission applications. Specifically, this
notice announces that the zone identification number is being expanded
from seven to nine digits and that test participants will now have the
ability to submit ``replace'' requests to modify parts of an admission
while retaining the original filing date, submit post-admission
correction requests, and cancel permit to transfer transactions.
Further, for ease of reference, this notice also reproduces the current
test requirements in full.
DATES: As of September 26, 2020, the modifications to the test
announced in this notice, with the exception of the expanded nine-digit
zone identification number, will become operational. The expanded zone
identification number will be implemented as of January 25, 2021. This
test will continue until concluded by way of announcement in the
Federal Register.
ADDRESSES: Comments concerning this notice and any aspect of this test
may be submitted at any time during the test via email to Cargo &
Conveyance Security, Office of Field Operations, U.S. Customs and
Border Protection, at [email protected], with a subject line
identifier reading ``Comment on Electronic FTZ Admission Application
FRN.''
FOR FURTHER INFORMATION CONTACT: For operational questions, contact
Lydia Jackson, Cargo & Conveyance Security, Office of Field Operations,
U.S. Customs and Border Protection, at 202-344-3055 or
[email protected]. For technical questions, contact Arnold
Buratty, Cargo Systems Program Directorate, Office of Information and
Technology, U.S. Customs and Border Protection, at 571-468-5309 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. National Customs Automation Program Test
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on
trade compliance and the development of the Automated Commercial
Environment (ACE), the planned successor to the Automated Commercial
System (ACS), as the electronic data interchange (EDI) system
authorized by U.S. Customs and Border Protection (CBP). 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 designed to replace specific
legacy ACS functions and add new 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. See T.D. 95-21, 60 FR 14211 (March
16, 1995).
B. Electronic Foreign Trade Zone (FTZ) Admission Application Test
On August 19, 2005, CBP published a notice in the Federal Register
(70 FR 48774) announcing an NCAP test concerning the electronic
submission of FTZ admission data. The test notice provided that
participants would electronically submit data contained in the
``Application for Foreign-Trade Zone Admission and/or Status
Designation'' (CBP Form 214; the electronic version of the form is
referred to as e214). The notice described the test program in detail,
identified the regulatory provisions suspended for the test, and set
forth the test commencement date as no earlier than September 30, 2005,
with a test period of approximately 6 months. The test notice also set
forth the prototype procedures and listed the required data elements
that must be provided to CBP when filing an electronic FTZ admission
application. Participants were required to participate in an evaluation
of this test to take place at the end of the 6-month period.
Due to low participation in the test program and insufficient data
collected, CBP announced that the test would be run again, in the
Federal Register (72 FR 14128) on March 26, 2007. The newly announced
test program was intended to encourage greater participation by the
trade and thereby provide more meaningful data to CBP to assess the
feasibility of implementing the test program on a permanent basis. CBP
made certain clarifications regarding required data elements and
announced that ACE would be the only
[[Page 60480]]
CBP-approved EDI for the test, in a Federal Register notice published
on August 16, 2017 (82 FR 38923). Initially, in that notice, CBP
provided an effective date of September 17, 2017. However, the
effective date was later shifted to December 9, 2017. See 82 FR 43395
(Sept. 15, 2017). The test remains in progress and will continue until
concluded by way of announcement in the Federal Register.
II. New Test Modifications for Electronic Foreign Trade Zone Admission
Applications
This notice announces changes to the test program for submitting
the electronic FTZ admission applications (hereinafter Electronic FTZ
test). The zone identification number is being expanded from seven to
nine digits and test participants will now have the ability to submit
``replace'' requests to modify parts of an admission while retaining
the original filing date, submit post-admission correction requests,
and cancel a permit to transfer transaction. The changes are discussed
separately below, and further information is contained in the ACE
Foreign Trade Zone (e214) chapter of the CBP and Trade Automated
Interface Requirements (CATAIR), available at: https://www.cbp.gov/trade/ace/catair. Filers not participating in the test will continue to
submit FTZ admission applications on CBP Form 214 (Application for
Foreign-Trade Zone Admission and/or Status Designation). For ease of
reference, the complete test requirements (including the new
modifications) are provided further at the end of this notice.
A. Expansion of the Zone Identification Number
CBP assigns unique identifiers for all FTZ site locations. The
length of the alpha-numeric zone identification number (Zone ID number)
will be expanded from seven to nine digits to accommodate additional
Subzones and sets of General Purpose (GP) Zone Acreage, as well as
additional FTZ site locations associated with a Subzone or a set of GP
Zone Acreage. The expanded nine-digit Zone ID number will consist of
the following, in the listed order:
3 numeric digits representing the FTZ designation;
3 alpha-numeric characters representing, as appropriate,
either:
--the Subzone designation; or,
--the GP Zone Acreage designation; and
3 alpha-numeric characters representing, as appropriate,
either:
--the Subzone Site designation; or,
--the GP Site designation.
As noted in the DATES section above, the transition to the expanded
Zone ID number will be completed 120 days from the date of publication
of this notice.
CBP will coordinate internally prior to and throughout the 120-day
period following publication of this notice to transition to the
expanded nine-digit system by aiding the local port offices with
issuing the expanded Zone ID numbers to the FTZ operators. The FTZ
operators are responsible for ensuring the type 04 FTZ bond associated
with each FTZ site profile in ACE is up to date and active. As needed,
CBP Client Representatives will assist software vendors and trade
filers as the primary point of contact during this time. At the
conclusion of the 120-day transition period, all existing Zone ID
numbers will have been replaced with system-generated expanded Zone ID
numbers and all Zone ID numbers issued in the future will consist of
nine digits.
B. Replace Requests To Modify a Previously Submitted Admission While
Retaining the Original Date of Filing
Currently, for modifications to FTZ admission data, an admission
must first be deleted and then a complete replacement of the admission
must be filed. This process causes a break in custody by generating a
new admission date. Retaining the original admission date is necessary
to ensure that privileged foreign status duty rates are correctly
applied, and that is critical to maintain the integrity of the FTZ
operator's foreign status inventory. Without maintaining the original
admission date, inventory could be subject to higher duty rates that
become effective subsequent to the original admission date.
Accordingly, in order to ensure the integrity of the zone inventory,
CBP has added new functionality to the Electronic FTZ test to allow for
``replace'' requests to modify an admission while retaining the
original admission date.
To make a ``replace'' request for a modification, filers of the
e214 must submit one of the mandatory reason codes and provide a
contact name and contact phone number. Reason codes for modifications
can be found in the CATAIR and are as follows: 01 Change/Add
Conveyance(s); 02 Delete Conveyance(s); 03 Change/Add Bill of
Lading(s); 04 Delete Bill of Lading(s); 05 Change/Add HTSUS Line(s); 06
Delete HTSUS Line(s); 07 Change Admitted Quantity; and 08 Other. CBP
will consider replace requests for modifications on a transactional
basis and, upon CBP review, the filer will receive a message with a
disposition code indicating whether the request was approved or denied.
C. Submission of Post-Admission Correction Requests
Changes to an admission that has been fully accepted into the zone
(via a process known as concurrence) are not permitted in the
Electronic FTZ test. The process of replacing an entire admission
creates a cumbersome process that affects other transactions associated
with the bills of lading on the initial admission, which could lead to
delays in cargo movement. Therefore, CBP has added the ability to
request a post-admission correction to the Electronic FTZ test that
will allow for modification after the admission has been concurred and
fully accepted into the zone operator's inventory and recordkeeping
system. The post-admission correction process described here does not
affect the bond liability that would otherwise exist absent the
correction.
To request a modification for an admission that has been fully
accepted into the zone, which will be considered by CBP on a
transactional basis, filers must submit one of the mandatory reason
codes and must also submit a contact name and contact phone number.
Reason codes for post-admission correction requests can be found in
the CATAIR and are as follows: 01 Clerical error; 02 Admission replaced
by CBP Form 7512 (Replacement in-bond number required; must be
authorized by CBP); 03 Merchandise cleared under another admission
(Replacement admission number already on file required); 04 Admission
replaced by a formal entry (Replacement entry number already on file
required); 05 Merchandise cleared under informal entry (Replacement
entry number already on file required); 06 Merchandise seized; 07
Merchandise destroyed; 08 Non-arrival; 09 Shipment refused by importer/
zone operator; 10 Shipment not authorized for import (refused by PGA);
and 11 System error. Moreover, there is a 15-day time limit from the
date of arrival in the port in which to request a post-admission
correction; for any correction requests outside of the 15-day time
limit, please contact your local port. Upon CBP review, the filer will
receive a message with a disposition code indicating whether the post-
admission correction request was approved or denied.
D. Cancellation of Permit To Transfer (PTT) Transactions
Currently, PTT transactions are not permitted to be cancelled. A
PTT is a
[[Page 60481]]
permit to transfer cargo from one bonded location in a CBP Port of
Entry to another bonded location within the same CBP Port of Entry. In
the case of the e214 processes, the bonded movement is only to an FTZ
site, which is represented by its CBP-assigned Facilities Information
and Resources Management Systems (FIRMS) code. This limitation makes it
difficult to facilitate instances where the diversions of cargo to
other designated locations is required for purposes such as inspections
or to effectuate a withhold release order. In order to alleviate this
issue, CBP has added new functionality to the Electronic FTZ test that
will allow for PTT Cancel transactions by the filer or by CBP.
For each electronic PTT, filers receive a response with a CBP-
generated PTT unique identifier (PID). This PID is required to request
the cancellation of the associated PTT. Upon CBP review, the filer will
receive a message with a disposition code indicating whether the PTT
Cancel transaction request was approved or denied, as there can be
errors encountered during processing.
III. Complete Requirements for Test Program Regarding Electronic
Foreign Trade Zone Admission Applications
The Electronic FTZ test has been running continuously since March
26, 2007. CBP will inform the public of CBP's decision to conclude the
test program by way of announcement in the Federal Register. For ease
of reference, the complete test requirements (including the new
modifications) are provided below.
A. Regulatory Provisions Suspended
Subpart C to part 146 of the CFR prescribes the conditions
applicable to admission of merchandise into a foreign trade zone. To
the extent that certain provisions within subpart C to part 146 may be
incompatible with the terms of this test program, the affected
regulatory provisions will be suspended for the duration of the test.
B. Participant Eligibility
Eligible participants in the Electronic FTZ Admissions Application
test program include: FTZ operators; FTZ Admission Applicants; Agents
of FTZ Operators; and Agents of FTZ Admission Applicants. Participation
in the test is voluntary and there are no application procedures.
C. Prototype Procedures
1. Submission of Electronic CBP Form 214 and Related Data
Test participants must request permission to admit merchandise into
an FTZ by electronically transmitting the CBP Form 214 data elements to
CBP. The data transmission may cover a single shipment of merchandise
or be a consolidated transmission that covers multiple shipments to a
single zone. CBP must receive the CBP Form 214 before the merchandise
can be authorized for admission into the FTZ. An exception to this
requirement exists for test participants who are authorized to use the
FTZ direct delivery procedures, as discussed below.
2. Prior Notice Reporting Requirements
Test participants, including those approved to participate under
direct delivery procedures, must comply with the prior notice reporting
requirements stipulated in the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (``the Bioterrorism Act''),
Public Law 107-188. Title III of the Bioterrorism Act contains
provisions relating to providing the Department of Health and Human
Services with prior notice regarding certain information about foods
that are imported or offered for import into the United States.
3. Direct Delivery Procedures
As a general rule, a test participant who is also authorized to use
the direct delivery procedures prescribed in 19 CFR 146.39 to admit
merchandise into an FTZ may transmit the required data to CBP on an
electronic CBP Form 214 no later than the close of business on the
business day following receipt of the merchandise into the FTZ
inventory control and recordkeeping system. With regard to the
applicability of direct delivery procedures in the context of the test
program, two exceptions to the above rule are noted. First, as stated
above, direct delivery participants are subject to any applicable prior
notice reporting requirements set forth in the Bioterrorism Act.
Second, in the absence of a CBP Form 7512, or its electronic
equivalent, authorizing an in-bond movement, a test participant may
electronically transmit a permit to transfer request for the intra-port
bonded movement of the merchandise to the FTZ site.
4. FTZ Operators as Test Participants
Under the test program, an FTZ operator will be able to transmit
the following transactions via the Automated Broker Interface (ABI):
Submit a permit to transfer request for merchandise coming to its FTZ
Site; submit requests to cancel a specific existing permit to transfer
request; submit application for admission on behalf of the applicant
for imported zone status merchandise, zone status merchandise
transferred from another zone, and domestic status merchandise; agree
to, or refuse to, accept custodial responsibility for an admission
submitted by an entity other than itself as the Operator; report
arrival of merchandise to the FTZ; assume custodial responsibility for
the admission authorized merchandise; submit a request on behalf of the
applicant for a change of zone status on specific merchandise; and
submit request for post-admission correction.
5. Transmittal of Statistical Data to the Bureau of Census
After the FTZ Operator has concurred the admission CBP will
transmit statistical data to the Bureau of the Census through an
automated link.
D. Required Data Elements
Participants in the test must provide CBP with the following data
elements, which consist of the previously required data elements and
the newly announced data elements:
A code representing the action to be taken (e.g., add,
delete, replace).
The line item number.
The Zone ID number. This zone identification number is
comprised of the FTZ number designation, any Subzone or General Purpose
Zone designation and a physical FTZ Site designation. Currently Zone
IDs are seven characters in length. The transaction will now
accommodate the expanded nine-character CBP-assigned Zone ID when its
use becomes mandatory.
The port code where the FTZ is located as shown in
Schedule D, Harmonized Tariff Schedule of the United States (HTSUS).
An indicator specifying whether the merchandise is being
admitted into the FTZ under direct delivery procedures.
The Automated Broker Interface (ABI) filer code.
The ABI routing code and optional office extension for one
additional ABI participant who will receive a copy of the electronic
CBP Form 214 and subsequent electronic notifications.
The Importer of Record Number applicant.
An indicator specifying the admission type.
The mode of transportation code. Valid codes are listed in
Appendix B of the Customs and Trade Automated Interface Requirements
(CATAIR), Pub # 0875-0419.
The name of the conveyance (if not a vessel, the name of
the transportation company).
The vessel voyage, truck or rail trip, or aircraft flight
number.
[[Page 60482]]
The country of export.
The export date. For merchandise arriving in the United
States by vessel: The month, day and year on which the vessel departed
the last port of the country of exportation. For merchandise exported
by air: The month, day and year on which the aircraft departed the last
airport of the country of exportation. For merchandise exported by
truck or rail: The month, day and year in which the carrier crossed the
border of the country of exportation.
The import date. For merchandise arriving in the United
States by vessel: The month, day and year on which the vessel
transporting the merchandise from the foreign country arrived within
the limits of the U.S. port at which the merchandise was unladen. For
merchandise arriving in the United States other than by vessel: The
month, day and year in which the merchandise arrived within U.S.
customs territory.
The zone admission number (which is made up of the Zone ID
(described above in more detail), the two-digit calendar year (of the
current year), and the control number (the unique admission designation
assigned by the Applicant or Operator).
The U.S. port of unlading (the port at which the
merchandise was unladen). Valid codes are listed in Schedule D, HTSUS.
The foreign port of lading.
The bill of lading or airway bill number.
The house bill number.
The Standard Carrier Alpha Code (SCAC) identifier of the
importing carrier.
The immediate transportation (IT) number assigned to in-
bond shipments and the date the CBP Form 7512 was prepared.
The number of packages. An indication of the quantity and
unit of measure (cartons, cases, bundles, etc.) in the shipment as
stated in the Customs Automated Manifest Interface Requirements
(CAMIR). For containerized merchandise, an indication of the number of
packages within the container(s) and the container number(s). For bulk
shipments, show ``1 Bulk.''
Country of origin code, provided in Annex B, ISO code,
HTSUS, which represents the country of origin in which the product was
manufactured, mined, or grown. Labor work or material added to an
article in another country must affect a substantial transformation in
order for such other country to become the actual ``country of
origin.'' If the merchandise is from more than one country of origin,
the country of origin will be indicated separately against each HTSUS
subheading or group of subheadings.
A detailed description of the merchandise at the line item
level.
The Manufacturer Identification (MID) number (as required
for type 01 entries).
The applicable HTSUS number(s).
The statistical reporting quantity of the merchandise for
each HTSUS number.
The quota category (if applicable).
The gross weight in kilograms of the merchandise. Supply
separate gross weight information for each HTSUS subheading.
The separate value and aggregate charges: For each HTSUS,
enter the purchase price (in U.S. dollars) or, if the merchandise was
not acquired by purchase, the equivalent of such price. Also, report
the aggregate cost (in U.S. dollars) of freight, insurance, and all
other costs, charges and expenses incurred in bringing the merchandise
from alongside the carrier at the foreign port of exportation in the
country of exportation in addition to unlading the merchandise at the
first U.S. port of entry.
The indicator designating a special program and country
affecting duty payments (if applicable).
If applicable, a qualifier code and reference identifier
associated with the shipment. Valid qualifiers are listed in the
CATAIR.
The Harbor Maintenance Fee (if applicable).
The zone status designation of the merchandise.
The container number if a permit to transfer is requested.
Concurrence data relating to the admission application.
The Importer of Record number of the bonded carrier
nominated for a permit to transfer request to move merchandise to an
FTZ site.
The Facilities Information and Resources Management
Systems (FIRMS) code identifying the location where the merchandise
(moving on a permit to transfer transaction) is being delivered.
An indicator if the merchandise is subject to Bioterrorism
Act of 2002 requirements.
Under 19 CFR 12.145 and 360.101(c), the steel import
license number needs to be provided on CBP Form 214 at the time of
filing under 19 CFR part 146, in the case of merchandise admitted into
an FTZ.
The unique identifying number of Kimberley Process
Certificate (if applicable). The Kimberley Process Certificate must be
presented in connection with an importation of rough diamonds into an
FTZ and exportation out of an FTZ if demanded by a CBP official
pursuant to 31 CFR 592.404 and 592.301.
For replace requests to modify a previously submitted
admission while retaining the original filing date, filers must include
the reason code and the contact name and contact phone number.
To submit post-admission correction requests after an
admission has been concurred (fully accepted into a zone), filers must
include the reason code and the contact name and contact phone number.
For requests to cancel a permit to transfer (PTT)
transaction, filers must include a permit to transfer transaction
unique identifier (PID).
The Importer of Record Number of the Zone Operator.
The Facilities Information and Resources Management
Systems (FIRMS) code identifying the FTZ Site location where the
merchandise is to be admitted.
Test participants are responsible for the accuracy and completeness
of all data transmitted under the prototype.
E. Processing of Electronic FTZ Admission Applications
Upon approval of an electronic FTZ admission application, CBP will
transmit electronic notice to the test filer authorizing admission of
the merchandise into the FTZ. As noted above, this approval process
does not apply to merchandise admitted to an FTZ under direct delivery
procedures.
Upon approval of an electronic request for a permit to transfer,
CBP will electronically transmit approval/denial to transfer the
merchandise into the FTZ electronically to the test filer, and to the
carrier of the merchandise. CBP will also provide electronic notice to
these parties as to whether the merchandise is subject to CBP
examination. In addition, test program participants and carriers will
be able to receive electronic notification concerning the status of an
admission request.
A test participant whose FTZ admission application is rejected by
CBP will be provided with an opportunity to correct the reported error.
A complete re-transmission of the entire admission application is
required by CBP.
F. Misconduct Under the Test
A test participant may be subject to civil and criminal penalties,
administrative sanctions, liquidated damages, and/or suspension from
this test for any of the following:
[[Page 60483]]
Failure to abide by the terms and conditions of this test,
and any applicable laws and regulations.
Failure to exercise reasonable care in the execution of
participant obligations.
Misuse of the automated CBP Form 214 (i.e., engaging in
unauthorized disclosure or any activity which interferes with the
successful evaluation of the new technology).
The Director, Cargo Security and Control Division, will administer
suspensions for misconduct. A written notice proposing suspension will
be provided to the participant. Such notice will apprise the
participant of the alleged facts or conduct warranting suspension and
will inform the participant of the date that the suspension will begin.
Any decision proposing suspension of a participant may be appealed in
writing to the Executive Assistant Commissioner, Office of Field
Operations, 1300 Pennsylvania Ave. NW, Washington, DC 20229, within 15
calendar days of the notification date. An appeal must address the
alleged facts or conduct charges contained in the notice and state how
compliance has been or will be achieved. In cases of non-payment, late
payment, willful misconduct or where public health interests or safety
are concerned, the suspension may be effective immediately. The same
appeal procedures apply in cases of immediate suspension.
G. Test Evaluation Criteria
To ensure adequate feedback, participants are required to
participate in an evaluation of this test. CBP also invites all
interested parties to comment on the design, conduct and implementation
of the test at any time during the test period. CBP will publish the
final results in the Federal Register and the Customs Bulletin as
required by section 101.9(b) of Title 19 of the CFR.
The following evaluation methods and criteria have been suggested:
1. Baseline measurements to be established through data analysis;
2. Questionnaires from both trade participants and CBP addressing such
issues as:
Workload impact (workload shifts/volume, cycle times,
etc.)
Cost savings
Policy and procedure accommodation
Trade compliance impact
Problem resolution
System efficiency
Operational efficiency
Other issues identified by the participant group
Dated: September 21, 2020.
William A. Ferrara,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2020-21151 Filed 9-24-20; 8:45 am]
BILLING CODE 9111-14-P