Enhanced Transparency and Access to Information for Refund Requesters in the Automated Commercial Environment, 49600-49602 [2022-17250]
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49600
Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Notices
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Public Participation and Comments
We encourage you to submit
comments (or related material) on the
draft guidance document in the docket.
We will consider all submissions and
may adjust our final action based on
your comments. If you submit a
comment, please include the docket
number for this notice, indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. Documents
mentioned in this notice as being
available in the docket, and public
comments, are in our online docket at
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instructions. We review all comments
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We accept anonymous comments.
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personal information you have
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submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Background and Purpose
Advances in battery technology have
enabled new possibilities in boat power
and propulsion systems. Currently,
internal combustion engines using leadacid or absorbent glass mat (AGM)
batteries comprise the vast majority of
recreational vessel propulsion
installations. However, recent
advancements in the development of
lithium-ion (Li-ion) battery technology
have made all-electric systems possible
on some recreational vessels. Li-ion
batteries are becoming more costeffective and deliver one of the highest
energy densities of any currently
available battery technology, making
these batteries and electric motors a
viable alternative to internal combustion
engines and traditional lead acid and
AGM batteries for powering recreational
vessels.
VerDate Sep<11>2014
18:59 Aug 10, 2022
Jkt 256001
Current regulations for safe loading,
safe powering and flotation in 33 CFR
subchapter S were promulgated with the
expectation that internal combustion
engines for propulsion would be used
and did not anticipate the use of
batteries and electric motors for these
functions. As a result, further
clarification is needed to determine
capacities required by 33 CFR
subchapter S when internal combustion
engines are replaced with electric
motors and large Li-ion battery
installations. The policy provides
consistent guidance for the design,
inspection, and/or testing of recreational
vessels using batteries to power their
primary propulsion.
This notice is issued under authority
of 5 U.S.C. 552(a).
Dated: July 6, 2022.
Jeffrey A. Ludwig,
Chief, Recreational Boating Product
Assurance Branch, United States Coast
Guard.
[FR Doc. 2022–17288 Filed 8–10–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Enhanced Transparency and Access to
Information for Refund Requesters in
the Automated Commercial
Environment
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
that U.S. Customs and Border Protection
(CBP) is making available a new report
in the Automated Commercial
Environment (ACE). ACE account users
will have the option to electronically
view and track their outstanding refund
status and history for all refunds
processed after the deployment date.
DATES: CBP will deploy the new
Refunds ACE Report on August 29,
2022.
SUMMARY:
Comments concerning this
notice may be submitted at any time via
email to the ACE Collections Team,
Investment Analysis Office, Office of
Finance, U.S. Customs and Border
Protection, at ACECollections@
cbp.dhs.gov, with a subject line
identifier reading ‘‘ACE Collections
Refund Release.’’
FOR FURTHER INFORMATION CONTACT:
Steven J. Grayson, Program Manager,
Investment Analysis Office, Office of
ADDRESSES:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Finance, U.S. Customs and Border
Protection, at (202) 579–4400, or
steven.j.grayson@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Ongoing Modernization of the
Collections System at U.S. Customs and
Border Protection
U.S. Customs and Border Protection
(CBP) is modernizing its collections
system, allowing CBP to eventually
retire the Automated Commercial
System (ACS) and transfer all
collections processes into the
Automated Commercial Environment
(ACE). This modernization effort,
known as ACE Collections, includes the
consolidation of the entire collections
system into the ACE framework, which
will enable CBP to utilize trade data
from ACE modules, benefitting both the
trade community and CBP with more
streamlined and better automated
payment processes. The new collections
system in ACE will reduce costs for
CBP, create a common framework that
aligns with other initiatives to reduce
manual collection processes, and
provide additional flexibility to allow
for future technological enhancements.
ACE Collections will also provide the
public with more streamlined and better
automated payment processes with CBP,
including better visibility into data
regarding specific transactions.
ACE Collections supports the goals of
the Customs Modernization Act (Pub. L.
103–182, 107 Stat. 2057, 2170,
December 8, 1993, Title VI of the North
American Free Trade Agreement
Implementation Act), of modernizing
the business processes that are essential
to securing U.S. borders, speeding up
the flow of legitimate shipments, and
targeting illicit goods that require
scrutiny. ACE Collections also fulfills
the objectives of Executive Order 13659
(79 FR 10655, February 25, 2014), to
provide the trade community with an
integrated CBP trade system that
facilitates trade, from entry of goods to
receipt of duties, taxes, and fees.
CBP is implementing ACE Collections
through phased releases in ACE. Release
1 was deployed on September 7, 2019,
and dealt with statements integration,
the collections information repository
(CIR) framework, and automated
clearinghouse (ACH) processing. See 84
FR 46749 and 84 FR 46678 (September
5, 2019). On September 23, 2019, a
minor correction was made to the
Release 1 notice. See 84 FR 49650
(September 23, 2019).
Release 2 was deployed on February
5, 2021, and focused on non-ACH
electronic receivables and collections,
E:\FR\FM\11AUN1.SGM
11AUN1
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Notices
for Fedwire and Pay.gov, that included
user fees, Harbor Maintenance Fee
(HMF), and Seized Assets and Case
Tracking System (SEACATS) payments.
All of the changes in Release 2 were
internal to CBP and did not affect the
trade community; as such, no notice
was published.
Release 3 was deployed on May 1,
2021, and primarily implemented
technical changes to the liquidation
process, and deferred tax bills, which
were internal to CBP. See 86 FR 22696
(April 29, 2021). Release 3 also
harmonized the determination of the
due date for deferred tax payments with
the entry summary date, streamlined the
collections system, and provided
importers of record with more flexibility
and access to data when making
deferred payments of internal revenue
taxes owed on distilled spirits, wines,
and beer imported into the United
States.
Release 4 was deployed on October
18, 2021, and primarily implemented
technical changes to the production and
management of the internal CBP
processes for supplemental bills, certain
reimbursable bills, and nonreimbursable/miscellaneous bills issued
by CBP to the public. See 86 FR 56968
(October 13, 2021). Release 4 also made
available to importers of record,
licensed customs brokers, and other
ACE account users, an option to
electronically view certain, unpaid,
open bill details as reports in ACE
Reports and adopted a new, enhanced
format for the CBP Bill Form.
Most recently, Release 5 was
deployed on March 21, 2022, and
implemented internal technical changes
to the production, tracking, and
management of overdue bills and
delinquent accounts and the bonds
associated with them, including
enhancements to the unpaid, open bill
details reports in ACE Reports. See 87
FR 14899 (March 16, 2022). Release 5
also included a May 1, 2022, delayed
deployment of minor modifications to
the mailed Formal Demand on Surety
for Payment of Delinquent Amounts
Due (also informally referred to as the
612 Report) and the ability to
electronically view 612 Reports in ACE
Reports.
As explained more fully below,
Release 6 will be deployed on August
29, 2022. Release 6 focuses on the
management of refunds, and it includes
mainly internal, technical changes to
the ability to search, create, and review/
certify those refunds. Release 6 also
includes enhancements that improve
transparency and access to information
through ACE for ACE account users who
have sought refunds from CBP to view
VerDate Sep<11>2014
17:49 Aug 10, 2022
Jkt 256001
certain information regarding the ACE
account user’s own refunds. Additional
releases for ACE Collections will follow,
and any further changes affecting the
public will be announced by notice in
the Federal Register, as needed.
B. Overview of CBP’s Refund Process
CBP is authorized to collect duties,
taxes, and fees from customs activities.
See generally 19 U.S.C. 58a, 58b, 58b–
1, 58c, 1505; 26 U.S.C. 4461. Pursuant
to 19 U.S.C. 1505(a), importers of record
are required to deposit with CBP the
amount of duties and fees estimated to
be payable for imports. CBP is also
required to collect any increase or
refund any excess deposits of duties and
fees, with interest, as determined at the
time of liquidation or reliquidation. See
19 U.S.C. 1505(b)–(c). CBP has
additional and more specific authority
to refund duties or other receipts for
excess deposits; fees, charges, and
exactions; fines, penalties, forfeitures;
and deposits made prior to liquidation.
See 19 U.S.C. 1520. Certain other
statutes also provide CBP with
additional, specific authority for refunds
associated with necessary repairs (see
19 U.S.C. 1466); drawback (see 19
U.S.C. 1313); loss, deterioration, or
damage (see 19 U.S.C. 1563);
countervailing duty investigations (see
19 U.S.C. 1671c–1671e, 1677g); and
antidumping investigations (see 19
U.S.C. 1673c–1673e, 1677g). Finally, 19
U.S.C. 983 outlines the general
procedures for returning property seized
during civil forfeiture proceedings.
The regulations for processing refunds
are contained in part 24 of title 19 of the
Code of Federal Regulations (CFR).
Specifically, refunds for the
overpayment of quarterly payments to
express consignment carrier and
centralized hub facilities are addressed
in 19 CFR 24.23. Refunds associated
with harbor maintenance fees are
addressed in 19 CFR 24.24. Refunds of
excessive duties, taxes, or interest
connected to an entry are addressed in
19 CFR 24.36.1 Setting off legal claims
and judgments against debts owed to the
United States for customs-related
activities is addressed in 19 CFR 24.72.
Specific rules for drawback can be
reviewed in 19 CFR part 190 and in 19
CFR part 191 (for certain claims made
on or before February 23, 2019). Finally,
seized assets, handled under the seized
assets and case tracking system
1 Additional unique interactions between refunds
of duties, taxes, fees, or interest and the calculation
of the accrual of interest are addressed in 19 CFR
24.3a.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
49601
(SEACATS), are addressed under
subpart H of 19 CFR part 162.2
Generally, CBP refunds the
overpayment of customs duties, taxes,
and fees automatically. However,
members of the public can request
specific refunds through written or
electronic requests, depending upon the
type of refund sought.3 Regardless of
how a refund is requested, the
processing aspects of all refund requests
are handled the same way. Refund
requests are initially processed by CBP
and then processed by the U.S.
Department of the Treasury (Treasury)
prior to disbursement, if the request is
valid. Generally, refunds are dispersed
as checks to the address designated on
CBP Form 4811 (Special Address
Notification) on file with CBP for the
specific requester or request.4 Members
of the public who have signed up to use
ACH Refund and do not submit a CBP
Form 4811 with an entry, or a refund
request, will receive electronic
disbursements of valid refunds to the
account and location designated in ACH
Refund.5
II. Availability of an Option for
Electronic Viewing of Refund Status
and History in ACE
Currently, members of the public are
not informed of the status of their
refunds while CBP and Treasury are
processing the refund. CBP’s
deployment of Release 6 will enable
ACE to pull, organize, and process data
elements into a report that displays
refund status and details, which an ACE
account user may view in ACE Reports
for certain information regarding its
own refunds. After refunds are
processed by CBP, the same refund data
will appear in a consolidated format, the
Refund ACE Report, alongside all other
outstanding refunds attributed to the
2 For more information concerning SEACATS
please visit https://www.dhs.gov/publication/
dhscbppia-040-seized-assets-and-case-trackingsystem?msclkid=330e2440d06311
ec895071ecc7b3bd6b.
3 For example, certain requests can be mailed to
the Revenue Division/Attention: Reimbursables,
6650 Telecom Drive, Suite 100, Indianapolis,
Indiana 46278. Electronic requests are made and
processed through the specific CBP-authorized
electronic data interchange system designated for
the refund. For example, modernized drawback
claims may be requested within ACE and seized
assets are processed in SEACATS.
4 CBP Form 4811 may be electronically accessed
at https://www.cbp.gov/document/forms/form4811-special-address-notification.
5 For additional information about ACH Refund,
including how to sign-up and when to expect
electronic refund, see https://www.cbp.gov/trade/
automated/ach/refund.
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49602
Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Notices
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same refund identification number and
payee identification number.6
Within a business day after initial
processing of refund data by CBP,
including review and certification by
CBP and transfer to Treasury for
processing, ACE will reproduce the
refund data in the corresponding
Refund ACE Report. For each ACE
account user, the report will include a
summary of the total number of
outstanding refunds requested, the total
dollar amount requested in all
outstanding refunds, and a consolidated
table of all outstanding refunds and
relevant data for the ACE account user’s
own refunds. The data elements
appearing in the consolidated table will
include:
• the specific refund’s identification
number;
• the requester’s refund identification
number;
• the requester’s name;
• whom the refund will be in the care
of, if applicable;
• the address the refund will be sent
to;
• the date the refund request was
made;
• the status of the refund in
processing;
• the type of refund requested;
• the number of the document that
produced the refund; 7
• the total amount sought in the
specific refund request;
• the check or ACH Trace number the
refund will be disbursed through;
• whether the refund will be
disbursed through ACH;
• the Center of Excellence and
Expertise (Center) associated with the
refund;
• the team associated with the refund;
and
• the port code associated with the
refund.
The report will only display
outstanding and dispersed refund data,
processed by ACE, after the deployment
date. Refund data will not be removed
from the report after the corresponding
refund has been dispersed. As of now,
refunds put into process before the
deployment date of August 29, 2022,
will not appear in the Refund ACE
Report.
6 The refund identification number is an ACEspecific number created for a refund requester the
first time the requester requests a refund. CBP uses
the refund identification number to track all refund
requests made by the requester. The payee
identification number is an importer’s identification
number, an employer’s identification number, or an
individual’s social security number.
7 This number can be associated with many CBP
forms, such as CBP Form 7501, Entry Summary;
CBP Form 368, CBP Collection Receipt Form; or the
CBP Bill Form.
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17:49 Aug 10, 2022
Jkt 256001
The outstanding refunds and
historical details will be viewable only
in ACE Reports. It is important to note
that CBP will continue its current
processes for communicating refund
statuses and disbursements through
physical mailings; however, members of
the public that have signed up for ACH
Refund will receive electronic
communications. These physical
mailings (for refunds via U.S. Treasury
checks) and electronic communications
(for ACH Refunds) will remain the
primary source of legal notice.
Information and data that appear in
those communications will supersede
the data elements that appear in ACE
Reports and the public should continue
to consult the physical mailings and
electronic communications to ensure
the proper processing of refunds.
Furthermore, nothing in this document
will change the specific timeframes
within which the public is required to
request refunds, such as the five-year
period for drawback claims, nor does
the document change the timeframes
within which CBP is required to
respond to refund requests.
Only members of the public who have
an ACE Portal account can view their
refunds report in ACE Reports. CBP
encourages members of the public
(including, but not limited to, importers
of record and licensed customs brokers)
who do not already have an ACE Portal
account to apply for access to be able to
view the new report.8 CBP will provide
any needed support for setting up ACE
Portal accounts. The public may access
the ACE Reports application through the
ACE Secure Data Portal at https://
ace.cbp.dhs.gov.9 Within ACE Reports,
an ACE account user may access the
Refund ACE Report for its own refunds
in the Workspace Module.10
8 The step-by-step instructions to apply for an
ACE Portal account are available online at https://
www.cbp.gov/trade/automated/getting-started/
portal-applying.
9 For more information about accessing,
navigating, and personalizing ACE Reports, please
review the ACE Reports Trainings online at https://
www.cbp.gov/trade/ace/training-and-referenceguides.
10 The Workspace Module is a window in ACE
Reports that provides ACE account users access to
their standard reports categorized by subject area
(such as Cargo Release, Entry Summary, Manifest,
etc.) and includes a navigation list (a folder
structure of standard reports) and a viewer that
displays the report selected. For additional
information about the Workspace Module, please
consult the specific ACE Report training at https://
www.cbp.gov/trade/ace/training-and-referenceguides or the quick reference card at https://
www.cbp.gov/document/guidance/ace-reports-qrcnavigating-workspace-module.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Dated: August 5, 2022.
Crinley S. Hoover,
Acting Chief Financial Officer U.S. Customs
and Border Protection.
[FR Doc. 2022–17250 Filed 8–10–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2022–0031]
Agency Information Collection
Activities: IMMVI Veterans Portal,
Webform 1601–0032
Department of Homeland
Security (DHS).
ACTION: 30-Day notice and request for
comments.
AGENCY:
The Department of Homeland
Security, 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. DHS previously
published this information collection
request (ICR) in the Federal Register on
Thursday, June 2, 2022 for a 60-day
public comment period. No comment
was received by DHS. The purpose of
this notice is to allow additional 30days for public comments.
DATES: Comments are encouraged and
will be accepted until September 12,
2022. This process is conducted in
accordance with 5 CFR 1320.1.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: On
February 2, 2021 President Biden signed
Executive Order 14012 Restoring Faith
in Our Legal Immigration Systems and
Strengthening Integration and Inclusion
Efforts for New Americans. The role of
the White House Domestic Policy
Council (DPC) is to convene executive
departments and agencies (agencies) to
coordinate the formulation and
implementation of the Administration’s
domestic policy objectives. Consistent
with that role, the DPC shall coordinate
the Federal Government’s efforts to
welcome and support immigrants,
including refugees, and to catalyze State
and local integration and inclusion
efforts. In furtherance of these goals, the
DPC shall convene a Task Force on New
SUMMARY:
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Notices]
[Pages 49600-49602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17250]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Enhanced Transparency and Access to Information for Refund
Requesters in the Automated Commercial Environment
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP) is making available a new report in the Automated
Commercial Environment (ACE). ACE account users will have the option to
electronically view and track their outstanding refund status and
history for all refunds processed after the deployment date.
DATES: CBP will deploy the new Refunds ACE Report on August 29, 2022.
ADDRESSES: Comments concerning this notice may be submitted at any time
via email to the ACE Collections Team, Investment Analysis Office,
Office of Finance, U.S. Customs and Border Protection, at
[email protected], with a subject line identifier reading
``ACE Collections Refund Release.''
FOR FURTHER INFORMATION CONTACT: Steven J. Grayson, Program Manager,
Investment Analysis Office, Office of Finance, U.S. Customs and Border
Protection, at (202) 579-4400, or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Ongoing Modernization of the Collections System at U.S. Customs and
Border Protection
U.S. Customs and Border Protection (CBP) is modernizing its
collections system, allowing CBP to eventually retire the Automated
Commercial System (ACS) and transfer all collections processes into the
Automated Commercial Environment (ACE). This modernization effort,
known as ACE Collections, includes the consolidation of the entire
collections system into the ACE framework, which will enable CBP to
utilize trade data from ACE modules, benefitting both the trade
community and CBP with more streamlined and better automated payment
processes. The new collections system in ACE will reduce costs for CBP,
create a common framework that aligns with other initiatives to reduce
manual collection processes, and provide additional flexibility to
allow for future technological enhancements. ACE Collections will also
provide the public with more streamlined and better automated payment
processes with CBP, including better visibility into data regarding
specific transactions.
ACE Collections supports the goals of the Customs Modernization Act
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993, Title VI of
the North American Free Trade Agreement Implementation Act), of
modernizing the business processes that are essential to securing U.S.
borders, speeding up the flow of legitimate shipments, and targeting
illicit goods that require scrutiny. ACE Collections also fulfills the
objectives of Executive Order 13659 (79 FR 10655, February 25, 2014),
to provide the trade community with an integrated CBP trade system that
facilitates trade, from entry of goods to receipt of duties, taxes, and
fees.
CBP is implementing ACE Collections through phased releases in ACE.
Release 1 was deployed on September 7, 2019, and dealt with statements
integration, the collections information repository (CIR) framework,
and automated clearinghouse (ACH) processing. See 84 FR 46749 and 84 FR
46678 (September 5, 2019). On September 23, 2019, a minor correction
was made to the Release 1 notice. See 84 FR 49650 (September 23, 2019).
Release 2 was deployed on February 5, 2021, and focused on non-ACH
electronic receivables and collections,
[[Page 49601]]
for Fedwire and Pay.gov, that included user fees, Harbor Maintenance
Fee (HMF), and Seized Assets and Case Tracking System (SEACATS)
payments. All of the changes in Release 2 were internal to CBP and did
not affect the trade community; as such, no notice was published.
Release 3 was deployed on May 1, 2021, and primarily implemented
technical changes to the liquidation process, and deferred tax bills,
which were internal to CBP. See 86 FR 22696 (April 29, 2021). Release 3
also harmonized the determination of the due date for deferred tax
payments with the entry summary date, streamlined the collections
system, and provided importers of record with more flexibility and
access to data when making deferred payments of internal revenue taxes
owed on distilled spirits, wines, and beer imported into the United
States.
Release 4 was deployed on October 18, 2021, and primarily
implemented technical changes to the production and management of the
internal CBP processes for supplemental bills, certain reimbursable
bills, and non-reimbursable/miscellaneous bills issued by CBP to the
public. See 86 FR 56968 (October 13, 2021). Release 4 also made
available to importers of record, licensed customs brokers, and other
ACE account users, an option to electronically view certain, unpaid,
open bill details as reports in ACE Reports and adopted a new, enhanced
format for the CBP Bill Form.
Most recently, Release 5 was deployed on March 21, 2022, and
implemented internal technical changes to the production, tracking, and
management of overdue bills and delinquent accounts and the bonds
associated with them, including enhancements to the unpaid, open bill
details reports in ACE Reports. See 87 FR 14899 (March 16, 2022).
Release 5 also included a May 1, 2022, delayed deployment of minor
modifications to the mailed Formal Demand on Surety for Payment of
Delinquent Amounts Due (also informally referred to as the 612 Report)
and the ability to electronically view 612 Reports in ACE Reports.
As explained more fully below, Release 6 will be deployed on August
29, 2022. Release 6 focuses on the management of refunds, and it
includes mainly internal, technical changes to the ability to search,
create, and review/certify those refunds. Release 6 also includes
enhancements that improve transparency and access to information
through ACE for ACE account users who have sought refunds from CBP to
view certain information regarding the ACE account user's own refunds.
Additional releases for ACE Collections will follow, and any further
changes affecting the public will be announced by notice in the Federal
Register, as needed.
B. Overview of CBP's Refund Process
CBP is authorized to collect duties, taxes, and fees from customs
activities. See generally 19 U.S.C. 58a, 58b, 58b-1, 58c, 1505; 26
U.S.C. 4461. Pursuant to 19 U.S.C. 1505(a), importers of record are
required to deposit with CBP the amount of duties and fees estimated to
be payable for imports. CBP is also required to collect any increase or
refund any excess deposits of duties and fees, with interest, as
determined at the time of liquidation or reliquidation. See 19 U.S.C.
1505(b)-(c). CBP has additional and more specific authority to refund
duties or other receipts for excess deposits; fees, charges, and
exactions; fines, penalties, forfeitures; and deposits made prior to
liquidation. See 19 U.S.C. 1520. Certain other statutes also provide
CBP with additional, specific authority for refunds associated with
necessary repairs (see 19 U.S.C. 1466); drawback (see 19 U.S.C. 1313);
loss, deterioration, or damage (see 19 U.S.C. 1563); countervailing
duty investigations (see 19 U.S.C. 1671c-1671e, 1677g); and antidumping
investigations (see 19 U.S.C. 1673c-1673e, 1677g). Finally, 19 U.S.C.
983 outlines the general procedures for returning property seized
during civil forfeiture proceedings.
The regulations for processing refunds are contained in part 24 of
title 19 of the Code of Federal Regulations (CFR). Specifically,
refunds for the overpayment of quarterly payments to express
consignment carrier and centralized hub facilities are addressed in 19
CFR 24.23. Refunds associated with harbor maintenance fees are
addressed in 19 CFR 24.24. Refunds of excessive duties, taxes, or
interest connected to an entry are addressed in 19 CFR 24.36.\1\
Setting off legal claims and judgments against debts owed to the United
States for customs-related activities is addressed in 19 CFR 24.72.
Specific rules for drawback can be reviewed in 19 CFR part 190 and in
19 CFR part 191 (for certain claims made on or before February 23,
2019). Finally, seized assets, handled under the seized assets and case
tracking system (SEACATS), are addressed under subpart H of 19 CFR part
162.\2\
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\1\ Additional unique interactions between refunds of duties,
taxes, fees, or interest and the calculation of the accrual of
interest are addressed in 19 CFR 24.3a.
\2\ For more information concerning SEACATS please visit https://www.dhs.gov/publication/dhscbppia-040-seized-assets-and-case-tracking-system?msclkid=330e2440d06311ec895071ecc7b3bd6b.
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Generally, CBP refunds the overpayment of customs duties, taxes,
and fees automatically. However, members of the public can request
specific refunds through written or electronic requests, depending upon
the type of refund sought.\3\ Regardless of how a refund is requested,
the processing aspects of all refund requests are handled the same way.
Refund requests are initially processed by CBP and then processed by
the U.S. Department of the Treasury (Treasury) prior to disbursement,
if the request is valid. Generally, refunds are dispersed as checks to
the address designated on CBP Form 4811 (Special Address Notification)
on file with CBP for the specific requester or request.\4\ Members of
the public who have signed up to use ACH Refund and do not submit a CBP
Form 4811 with an entry, or a refund request, will receive electronic
disbursements of valid refunds to the account and location designated
in ACH Refund.\5\
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\3\ For example, certain requests can be mailed to the Revenue
Division/Attention: Reimbursables, 6650 Telecom Drive, Suite 100,
Indianapolis, Indiana 46278. Electronic requests are made and
processed through the specific CBP-authorized electronic data
interchange system designated for the refund. For example,
modernized drawback claims may be requested within ACE and seized
assets are processed in SEACATS.
\4\ CBP Form 4811 may be electronically accessed at https://www.cbp.gov/document/forms/form-4811-special-address-notification.
\5\ For additional information about ACH Refund, including how
to sign-up and when to expect electronic refund, see https://www.cbp.gov/trade/automated/ach/refund.
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II. Availability of an Option for Electronic Viewing of Refund Status
and History in ACE
Currently, members of the public are not informed of the status of
their refunds while CBP and Treasury are processing the refund. CBP's
deployment of Release 6 will enable ACE to pull, organize, and process
data elements into a report that displays refund status and details,
which an ACE account user may view in ACE Reports for certain
information regarding its own refunds. After refunds are processed by
CBP, the same refund data will appear in a consolidated format, the
Refund ACE Report, alongside all other outstanding refunds attributed
to the
[[Page 49602]]
same refund identification number and payee identification number.\6\
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\6\ The refund identification number is an ACE-specific number
created for a refund requester the first time the requester requests
a refund. CBP uses the refund identification number to track all
refund requests made by the requester. The payee identification
number is an importer's identification number, an employer's
identification number, or an individual's social security number.
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Within a business day after initial processing of refund data by
CBP, including review and certification by CBP and transfer to Treasury
for processing, ACE will reproduce the refund data in the corresponding
Refund ACE Report. For each ACE account user, the report will include a
summary of the total number of outstanding refunds requested, the total
dollar amount requested in all outstanding refunds, and a consolidated
table of all outstanding refunds and relevant data for the ACE account
user's own refunds. The data elements appearing in the consolidated
table will include:
the specific refund's identification number;
the requester's refund identification number;
the requester's name;
whom the refund will be in the care of, if applicable;
the address the refund will be sent to;
the date the refund request was made;
the status of the refund in processing;
the type of refund requested;
the number of the document that produced the refund; \7\
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\7\ This number can be associated with many CBP forms, such as
CBP Form 7501, Entry Summary; CBP Form 368, CBP Collection Receipt
Form; or the CBP Bill Form.
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the total amount sought in the specific refund request;
the check or ACH Trace number the refund will be disbursed
through;
whether the refund will be disbursed through ACH;
the Center of Excellence and Expertise (Center) associated
with the refund;
the team associated with the refund; and
the port code associated with the refund.
The report will only display outstanding and dispersed refund data,
processed by ACE, after the deployment date. Refund data will not be
removed from the report after the corresponding refund has been
dispersed. As of now, refunds put into process before the deployment
date of August 29, 2022, will not appear in the Refund ACE Report.
The outstanding refunds and historical details will be viewable
only in ACE Reports. It is important to note that CBP will continue its
current processes for communicating refund statuses and disbursements
through physical mailings; however, members of the public that have
signed up for ACH Refund will receive electronic communications. These
physical mailings (for refunds via U.S. Treasury checks) and electronic
communications (for ACH Refunds) will remain the primary source of
legal notice. Information and data that appear in those communications
will supersede the data elements that appear in ACE Reports and the
public should continue to consult the physical mailings and electronic
communications to ensure the proper processing of refunds. Furthermore,
nothing in this document will change the specific timeframes within
which the public is required to request refunds, such as the five-year
period for drawback claims, nor does the document change the timeframes
within which CBP is required to respond to refund requests.
Only members of the public who have an ACE Portal account can view
their refunds report in ACE Reports. CBP encourages members of the
public (including, but not limited to, importers of record and licensed
customs brokers) who do not already have an ACE Portal account to apply
for access to be able to view the new report.\8\ CBP will provide any
needed support for setting up ACE Portal accounts. The public may
access the ACE Reports application through the ACE Secure Data Portal
at https://ace.cbp.dhs.gov.\9\ Within ACE Reports, an ACE account user
may access the Refund ACE Report for its own refunds in the Workspace
Module.\10\
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\8\ The step-by-step instructions to apply for an ACE Portal
account are available online at https://www.cbp.gov/trade/automated/getting-started/portal-applying.
\9\ For more information about accessing, navigating, and
personalizing ACE Reports, please review the ACE Reports Trainings
online at https://www.cbp.gov/trade/ace/training-and-reference-guides.
\10\ The Workspace Module is a window in ACE Reports that
provides ACE account users access to their standard reports
categorized by subject area (such as Cargo Release, Entry Summary,
Manifest, etc.) and includes a navigation list (a folder structure
of standard reports) and a viewer that displays the report selected.
For additional information about the Workspace Module, please
consult the specific ACE Report training at https://www.cbp.gov/trade/ace/training-and-reference-guides or the quick reference card
at https://www.cbp.gov/document/guidance/ace-reports-qrc-navigating-workspace-module.
Dated: August 5, 2022.
Crinley S. Hoover,
Acting Chief Financial Officer U.S. Customs and Border Protection.
[FR Doc. 2022-17250 Filed 8-10-22; 8:45 am]
BILLING CODE 9111-14-P