Announcement of the National Customs Automation Program Test Concerning the Submission Through the Automated Commercial Environment of Certain Unique Entity Identifiers for the Global Business Identifier Evaluative Proof of Concept, 74157-74161 [2022-26213]
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
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Authority
This notice is issued pursuant to 5
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Dated: November 28, 2022.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2022–26212 Filed 12–1–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
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Announcement of the National
Customs Automation Program Test
Concerning the Submission Through
the Automated Commercial
Environment of Certain Unique Entity
Identifiers for the Global Business
Identifier Evaluative Proof of Concept
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) will conduct a National Customs
SUMMARY:
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74157
Cost
36,582
229,761
683,401
14,875
752,460
91,379
157,350
3,733,340
address set forth below at any time
during the test period.
ADDRESSES: Comments and questions
concerning this notice, or any aspect of
the test, may be submitted at any time
before or during the test period via
email to Trade Policy and Programs,
Office of Trade, U.S. Customs and
Border Protection, at GBI@cbp.dhs.gov,
with the subject line reading
‘‘Comments/Questions on GBI EPoC.’’
FOR FURTHER INFORMATION CONTACT: For
policy-related questions, contact Julie L.
Stoeber, Branch Chief, 1USG,
Interagency Collaboration Division,
Trade Policy and Programs Division,
Office of Trade, U.S. Customs and
Border Protection, at (202) 945–7064 or
via email at GBI@cbp.dhs.gov, with a
subject line reading ‘‘Global Business
Identifier Test—GBI.’’ For technical
questions related to ACE or Automated
Broker Interface (ABI) transmissions,
importers of record and licensed
customs brokers should contact their
assigned ACE or ABI client
representatives, respectively. Interested
parties without an assigned client
representative should direct their
questions to Tonya Perez, Director,
Client Services Division, Office of
Trade, U.S. Customs and Border
Protection, at (571) 421–7477 or via
email at clientrepoutreach@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Automation Program test regarding the
electronic transmission of certain
unique entity identifiers through the
Automated Commercial Environment
(ACE). This test, which is referred to as
the ‘‘Global Business Identifier
Evaluative Proof of Concept’’ (GBI
EPoC), is for participation by entry filers
(i.e., importers of record and licensed
customs brokers) for merchandise
imported into the United States. Test
participants will voluntarily provide
specific global business identifiers
(GBIs) for the manufacturers, sellers,
and shippers of merchandise covered by
specified types of entries, which are
limited for purposes of this test to
certain commodities and countries of
origin. Test participants may also,
optionally, provide specific GBIs for
exporters, distributors, and packagers
associated with the covered entries. The
test will permit CBP and certain Partner
Government Agencies (PGAs) to access
the underlying data associated with the
GBIs (referred to as the ‘‘GBI data’’), to
determine whether the submission of
GBIs at the time of entry filing will
enable the enhanced tracing of the
supply chains of certain commodities.
This notice invites importers of record
and licensed customs brokers to
participate in the test, provides a
description of the test, sets forth the
criteria for participation, and invites
public comments on all aspects of the
test.
I. Background
The GBI EPoC will commence on
December 19, 2022, and will continue
until July 21, 2023, subject to any
extension, modification, or early
termination as announced in the
Federal Register. CBP will begin to
accept requests from importers of record
and licensed customs brokers to
participate in the test on December 2,
2022, and CBP will continue to accept
such requests until the GBI EPoC
concludes. Public comments on the test
are invited and may be submitted to the
A. The National Customs Automation
Program
The National Customs Automation
Program (NCAP) was established by
subtitle B of title VI—Customs
Modernization in the North American
Free Trade Agreement 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 focused on informed
trade compliance and the development
DATES:
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
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of ACE, the planned successor to the
Automated Commercial System (ACS).
ACE is an automated and electronic
system for commercial trade processing,
intended to streamline business
processes, facilitate growth in trade,
ensure cargo security, and foster
participation in global commerce, while
facilitating compliance with U.S. laws
and regulations and reducing costs for
U.S. Customs and Border Protection
(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, which update
the system and add new functionality.
Sections 411 through 414 of the Tariff
Act of 1930 (19 U.S.C. 1411–1414), as
amended, define and list the existing
and planned components of the NCAP
(section 411), promulgate program goals
(section 412), provide for the
implementation and evaluation of the
program (section 413), and provide for
Remote Location Filing (section 414).
Section 411(a)(1)(A) lists the electronic
entry of merchandise, section
411(a)(1)(B) lists the electronic entry
summary of required information, and
section 411(a)(1)(D) lists the electronic
transmission of manifest information, as
existing NCAP components. Section
411(d)(2)(A) provides for the periodic
review of data elements collected in
order to update the standard set of data
elements, as necessary.
B. Global Business Identifier Evaluative
Proof of Concept (GBI EPoC)
ACE is the system through which the
U.S. Government has implemented the
‘‘Single Window,’’ the primary system
for processing trade-related import and
export data required by the PGAs that
work alongside CBP in regulating
specific commodities. The transition
away from paper-based procedures has
resulted in faster, more streamlined
processes for both the U.S. Government
and industry. To continue this progress,
CBP began working with the Border
Interagency Executive Council (BIEC)
and the Commercial Customs
Operations Advisory Committee (COAC)
starting in 2017, to discuss the
continuing viability of the data element
known as the manufacturer or shipper
identification code (MID).
Currently, importers of record provide
the MID at the time of filing of the entry
summary. See generally 19 CFR part
142. The 13-digit MID is derived from
the name and address of the
manufacturer or shipper, as specified on
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the commercial invoice, by applying a
code constructed pursuant to
instructions specified by CBP. See
Customs Directive No. 3550–055, dated
November 24, 1986 (available online at
https://www.cbp.gov/sites/default/files/
documents/3550-055_3.pdf). Although
use of the MID has served CBP and the
international trade community well in
the past, it has become apparent that the
MID is not always a consistent or
unique number. For example, the MID
is based upon the manufacturer or
shipper name, address, and country of
origin, and this data can change over
time and/or result in the same MID for
multiple entities. Also, while the MID
provides limited identifying
information, other global unique
identifiers capture a broader swath of
pertinent information regarding the
entities with which they are associated
(e.g., legal ownership of businesses,
specific business and global locations,
and supply chain roles and functions).
Changes in international trade and
technology for tracking the flow of
commodities have presented an
opportunity for CBP and PGAs to
explore new processes and procedures
for identifying the parties involved in
the supply chains of imported goods.
CBP has thus engaged in regular
outreach with stakeholders, including,
but not limited to, importers of record,
licensed customs brokers, trade
associations, and PGAs, with a goal of
obtaining meaningful feedback on their
existing systems and operations in order
to establish a mutually beneficial global
entity identifier system. As a result of
these discussions, CBP developed the
Global Business Identifier Evaluative
Proof of Concept (GBI EPoC), which is
an interagency trade transformation
project that aims to test and develop a
single entity identifier solution for CBP
and PGAs to achieve trade facilitation
and trade security by obtaining deeper
insight into the legal structure of ‘‘who
is who’’ across the spectrum of trade
entities, and to understand more clearly
ownership, affiliation, and parentsubsidiary relationships.
For purposes of the GBI EPoC, ACE
has been modified to permit test
participants to provide the following
entity identifiers (GBIs) associated with
manufacturers, shippers, and sellers of
merchandise covered by entries that
meet the GBI EPoC criteria (commodity
+ country of origin): nine (9) digit Data
Universal Numbering System (D–U–N–
S®), thirteen (13) digit Global Location
Number (GLN), and twenty (20) digit
Legal Entity Identifier (LEI). These GBIs
will be provided in addition to other
required entry data (which may include
the MID); any GBIs associated with the
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importer of record itself need not be
provided as part of this test. The GBIs
associated with the manufacturers,
shippers and sellers will be provided
with the CBP Form 3461 (Entry/
Immediate Delivery) data transmission
via the ABI in ACE for formal entries for
consumption (‘‘entry type 01’’ in ACE)
and informal entries (‘‘entry type 11’’ in
ACE). CBP will then access the
underlying data (GBI data) associated
with the D–U–N–S®, GLN, and LEI, as
set forth in the agreements that CBP has
entered into with Dun & Bradstreet
(D&B), GS1, and the Global Legal Entity
Identifier Foundation (GLEIF),
respectively, in order to connect a
specific entry and merchandise to a
more complete picture of those entities’
ownership, structure, and affiliations,
among other information. D&B, GS1,
and GLEIF are collectively referred to as
the identity management companies
(IMCs).
Through the GBI EPoC, CBP aims to
leverage existing entity identifiers—the
D–U–N–S®, GLN, and LEI—to develop a
systematic, accurate, and efficient
method for the trade to report, and the
U.S. Government to uniquely identify,
legal business entities, their different
business locations and addresses, and
their various functions and supply
chain roles. CBP will consider whether
these three GBI, singly, or in concert,
ensure that CBP and PGAs receive
standardized trade data in a universally
compatible trade language. Moreover,
CBP will examine whether the GBIs
submitted to CBP can be easily verified,
thus reducing uncertainties that may be
associated with the information related
to shipments of imported merchandise.
CBP will also consider whether the GBI
EPoC may ultimately prove to be a more
far-reaching, interagency initiative, one
that keeps with the vision and
actualized promise of the ‘‘Single
Window,’’ by providing better visibility
into the supply chain for CBP and
PGAs, thereby further reducing paper
processing, expediting cargo release,
and enhancing the traceability of supply
chains.
II. Authorization for the Test
The Customs Modernization Act
authorizes the Commissioner of CBP to
conduct limited test programs or
procedures designed to evaluate
planned components of the NCAP. The
GBI EPoC is authorized pursuant to 19
CFR 101.9(b), which provides for the
testing of NCAP programs or
procedures. See T.D. 95–21, 60 FR
14211 (March 16, 1995).
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III. Conditions for the Test
The test is voluntary, and importers of
record and licensed customs brokers
who wish to participate in the test must
comply with all of the conditions set
forth below. The full effect of access to
additional entity-related data based on
submission of the GBIs will be a key
evaluation metric of the test.
Participation in the test will provide
test participants with the opportunity to
test and give feedback to CBP on the GBI
EPoC design and scope. Participation
may also enable test participants to
establish and test their digital
fingerprints, such as more accurately
identifying certain parties involved in
their supply chains. In addition,
participation may allow the trade
community to better manage and
validate their data and streamline their
import data collection processes. Lastly,
test participation may allow for the
wider application of entity identifiers
that are currently providing broad sector
coverage and enhanced data analysis.
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A. Obtaining Global Business Identifier
(GBI) Numbers
Importers of record and licensed
customs brokers who are interested in
participating in the test must arrange to
obtain the required D–U–N–S®, GLN,
and LEI entity identifiers (the GBIs)
from the manufacturers, shippers, and
sellers of merchandise that are intended
to be covered by future entries that will
meet the conditions of the test
(commodity + country of origin). For
purposes of providing the information
required for the test, the parties are
defined as follows for each covered
entry:
• Manufacturer (or supplier)—The
party that last manufactures, assembles,
produces, or grows the goods or the
party supplying the finished goods in
the country from which the goods are
leaving for the United States.
• Shipper—The party that enters into
a contract for carriage with, and
arranges for delivery of the goods to, a
carrier or transport intermediary for
transportation to the United States.
• Seller—The last known party by
whom the goods are sold or agreed to be
sold. If the goods are to be imported
otherwise than in pursuance of a
purchase, the owner of the goods must
be provided.
Optionally, test participants may also
arrange to obtain the GBIs for exporters,
distributors, and packagers that will be
associated with these future entries and
provide them to CBP on qualifying
entries covered by this test.
A party may obtain its own GBI by
contacting Dun and Bradstreet (D&B) at
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https://www.dnb.com/dunsnumber.html, regarding the D–U–N–S®;
GS1 at https://www.gs1.org/standards/
id-keys/gln, regarding the GLN; and
Global Legal Entity Identifier
Foundation (GLEIF) at https://www.leiidentifier.com/lei-registration/,
regarding the LEI.
Once the manufacturers, shippers,
and sellers (and, optionally, the
exporters, distributors, and packagers)
have obtained their own GBIs (the D–U–
N–S®, GLN, and LEI), these parties
should provide the resulting GBIs to the
relevant importer of record or licensed
customs broker participating in the test.
If these parties experience any difficulty
with obtaining any of the GBIs, the
importer of record or licensed customs
broker seeking to participate in the test
should reach out to CBP by email at
GBI@cbp.dhs.gov. The test participant is
not required to obtain or submit GBIs
pertaining to their own entity.
Importers of record and licensed
customs brokers are reminded that they
are responsible for obtaining any
necessary permissions with respect to
providing to CBP the GBIs for
manufacturers, shippers, and sellers
(and, optionally, for exporters,
distributors, and packagers) in the
supply chains of the imported
merchandise for which they file the
specified types of entries subject to the
conditions of the test (commodity +
country of origin). Therefore, prior to
submitting their request to participate in
the test to CBP, as discussed below,
importers of record and licensed
customs brokers should consult with
these parties to ensure that these parties
are willing to grant any necessary
permissions to share their GBIs (which
will also result in CBP’s access to the
underlying GBI data associated with
those GBIs, as described above) with
CBP under the auspices of the test.
B. Submission of Request To Participate
in the GBI EPoC
The test is open to all importers of
record and licensed customs brokers
provided that these parties have
requested permission and are approved
by CBP to participate in the test.
Importers of record and licensed
customs brokers seeking to participate
in the test should email the GBI Inbox
(GBI@cbp.dhs.gov) with the subject
heading ‘‘Request to Participate in the
GBI EPoC.’’ As part of their request to
participate, importers of record and
licensed customs brokers must agree to
provide available GBIs with entry filings
for merchandise that is subject to the
conditions of the test and state that they
intend to participate in the test. The
request must include the potential
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participant’s filer code and evidence
that they have obtained all three GBIs
(D–U–N–S®, GLN, and LEI), or are in
the process of obtaining them, from the
manufacturers, shippers, and sellers
(and, optionally, exporters, distributors,
and packagers) of merchandise that is
subject to the conditions of the test
(commodity + country of origin). They
must also advise that they intend to
import commodities that are subject to
the test from the countries of origin that
are subject to the test.
Test participants who are importers of
record and do not self-file must advise
CBP in their request that they have
authorized their licensed customs
broker(s) to file qualifying entries under
the test on their behalf. Test participants
who are licensed customs brokers must
advise CBP that they have been
authorized to file qualifying entries on
behalf of importers of record whose
shipments meet the test criteria
(commodity + country of origin), as set
forth below.
CBP will begin to accept requests to
participate in the test on December 19,
2022 and will continue to accept them
until the test concludes. Anyone
providing incomplete information, or
otherwise not meeting the test
requirements, will be notified by email,
and given the opportunity to resubmit
their request to participate in the test.
C. Approval of GBI EPoC Participants
A party who wishes to participate in
this test is eligible to do so as long as
it is an importer of record or licensed
customs broker who files type 01
(formal) or type 11 (informal) entries of
merchandise that meet the conditions of
the test (commodity + country of origin),
and that party obtains the required GBIs
from their supply chain partners. After
receipt of a request to participate in the
test, CBP will notify, by email, the
importers of record and licensed
customs brokers who are approved for
participation and inform them of the
starting date of their participation
(noting that test participants may have
different starting dates). Test
participants must provide the GBIs they
have received to CBP prior to the
starting date of their participation
(participants will also provide the GBIs
to CBP again with each qualified entry
filing meeting the requirements of the
test). Test participants are considered to
be bound by the terms and conditions
of this notice and any subsequent
modifications published in the Federal
Register.
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D. Criteria for Qualifying Entries
1. Commodities Subject to the GBI EPoC
The test will be limited to type 01 and
type 11 entries of certain commodities,
specifically alcohol, toys, seafood,
personal items and medical devices.
Accordingly, CBP has limited the test to
entries of merchandise classifiable in
specific subheadings of chapters 3, 16,
22, 30, 33, 63, 90, and 95 of the
Harmonized Tariff Schedule of the
United States (HTSUS), as set forth
below.
Chapter 3: 0306.16.0003;
0306.16.0006; 0306.16.0009;
0306.16.0012; 0306.16.0015;
0306.16.0018; 0306.16.0021;
0306.16.0024; 0306.16.0027;
0306.16.0040; 0306.17.0004;
0306.17.0005; 0306.17.0007;
0306.17.0008; 0306.17.0010;
0306.17.0011; 0306.17.0013;
0306.17.0014; 0306.17.0016;
0306.17.0017; 0306.17.0019;
0306.17.0020; 0306.17.0022;
0306.17.0023; 0306.17.0025;
0306.17.0026; 0306.17.0028;
0306.17.0029; 0306.17.0041;
0306.17.0042; 0306.35.0020;
0306.35.0040; 0306.36.0020;
0306.36.0040; 0306.95.0020; and
0306.95.0040.
Chapter 16: 1605.21.0500;
1605.21.1020; 1605.21.1030;
1605.21.1050; 1605.29.0500;
1605.29.1010; and 1605.29.1040.
Chapter 22: 2203.00.0030;
2203.00.0060; 2203.00.0090;
2204.10.0030; 2204.10.0065;
2204.10.0075; 2204.21.5005;
2204.21.5015; 2204.21.5025;
2204.21.5025; 2204.21.5028;
2204.21.5035; 2204.21.5040;
2204.21.5050; 2204.21.5055;
2204.21.5060; 2204.21.8030;
2204.21.8060; 2208.30.3030;
2208.30.3060; 2208.40.4000; and
2208.60.2000.
Chapter 30: 3005.90.5010;
3005.90.5090.
Chapter 33: 3304.99.5000.
Chapter 63: 6307.90.6800.
Chapter 90: 9018.39.0020;
9018.39.0040; 9018.39.0050; and
9018.90.8000.
Chapter 95: 9503.00.0011;
9503.00.0013; 9503.00.0071;
9503.00.0073; and 9503.00.0090.
Test participants are encouraged to
submit GBIs with all qualified entry
filings that meet the conditions of the
test so that CBP has a fulsome data set
to evaluate; however, entries will not be
rejected if GBIs are not submitted.
Additional commodities may be added
as CBP refines the scope of the test. CBP
will announce the HTSUS subheadings
for any additional commodities as a
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modification to the test in a subsequent
Federal Register notice.
2. Countries of Origin Subject to the GBI
EPoC
CBP has limited the test to entries of
imported merchandise with the
following countries of origin, which
have been identified as representing
both countries with a high risk of noncompliance with U.S. import laws and
those that are partner countries, while
covering a diversity of jurisdictions: (1)
Australia; (2) Canada; (3) China; (4)
France; (5) Italy; (6) Mexico; (7) New
Zealand; (8) Singapore; (9) United
Kingdom; and (10) Vietnam. Additional
countries of origin may be added as CBP
refines the scope of the test. CBP will
announce any additional countries of
origin as a modification to the test in a
subsequent Federal Register notice.
E. Filing Entries With GBIs (via ABI in
ACE)
Test participants must coordinate
with their software vendors or technical
teams to ensure that their electronic
systems are capable of transmitting the
D–U–N–S®, GLN, and LEI entity
identifiers to CBP. During this test, CBP
will only accept electronic submissions
of GBIs via ABI in ACE with CBP Form
3461 (Entry/Immediate Delivery) filings
for type 01 and type 11 entries. Upon
selection to participate in the test, the
test participants will be provided with
technical information and guidance
regarding the transmission of the GBIs
to CBP with the CBP Form 3461 filings.
The assigned ABI client representatives
of the test participants will provide
additional technical support, as needed.
F. CBP Access to Underlying GBI Data
Associated With GBIs
As part of the test, CBP has entered
into agreements with D&B, GS1, and
GLEIF (the IMCs) for limited access to
the underlying data (‘‘GBI data’’) that is
associated with the GBIs for the
duration of the test and for testing of
CBP’s automated systems.1 The data
elements for which CBP has entered
into agreements with D&B, GS1, and
GLEIF may include, but are not limited
to: (1) entity identifier numbers, (2)
official business titles; (3) names; (4)
addresses; (5) financial data; (6) trade
names; (7) payment history; (8)
economic status; and (9) executive
1 As noted above, D&B, GS1, and GLEIF are IMCs.
The GBI data consists of data provided by the
relevant entity to the IMCs in order to generate a
GBI—the D–U–N–S®, GLN, or LEI. GBIs allow CBP
to link the underlying GBI data to specific entities
and entries.
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names. The data elements will be
examined as part of the test.
Consistent with the agreements, CBP
may access GBI data, combine it with
CBP data, and evaluate the GBIs that the
test participants provide with an entry
filing. The GBI data will assist CBP and
PGAs in determining the optimal
combination of the three entity
identifiers (the GBIs) that will provide
the U.S. Government with sufficient
entity data needed to support
identification, monitoring, and
enforcement procedures to better equip
the U.S. Government to focus on highrisk shipments and bad actors.
CBP will process entries submitted
pursuant to the test by analyzing the
GBIs submitted via ABI in ACE and
ensuring that the GBIs are submitted
correctly. CBP will then evaluate the
submitted entries to assess the ease and
cost of obtaining each of the GBIs,
evaluating each GBI to ensure that it is
being submitted properly per the
technical requirements that will be set
forth in CBP and Trade Automated
Interface Requirements (CATAIR), and
ensuring that CBP is able to validate that
each GBI is accurate using the
underlying GBI data from the IMCs or
otherwise known to CBP.
G. Partner Government Agencies (PGAs)
PGAs are important to the success of
the test. Certain PGAs, which may
receive GBIs and GBI data and are
intended as core test beneficiaries, may
use the GBIs and GBI data to improve
risk management and import
compliance. This may result in smarter,
more efficient, and more effective
compliance efforts. CBP will announce
the PGAs who will receive GBIs and GBI
data pursuant to the test in a notice to
be published in the Federal Register at
a later date.
H. Duration of Test
The test will commence on December
19, 2022, and will run until July 21,
2023, subject to any extensions,
modifications or early termination as
announced by way of a notice to be
published in the Federal Register.
I. Misconduct Under the Test
Misconduct under the test may
include, but is not limited to, submitting
false GBIs with an entry filing.
Currently, CBP does not plan to assess
penalties against GBI EPoC participants
that fail to timely and accurately submit
GBIs during the test. CBP also does not
anticipate shipment delays due to the
failure to file or the erroneous filing of
GBIs. However, test participants are
expected to follow all other applicable
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lotter on DSK11XQN23PROD with NOTICES1
regulations and requirements associated
with the entry process.
After an initial six-month period (or at
such earlier time as CBP deems
appropriate), a test participant may be
subject to discontinuance from
participation in this test for any of the
following repeated actions:
• Failure to follow the terms and
conditions of this test;
• Failure to exercise due diligence in
the execution of participant obligations;
• Failure to abide by applicable laws
and regulations that have not been
waived; or
• Failure to deposit duties or fees in
a timely manner.
If the Director, Interagency
Collaboration Division (ICD), Trade
Policy and Programs (TPP), Office of
Trade (OT), finds that there is a basis to
discontinue a participant’s participation
in the test, then CBP will provide
written notice, via email, proposing the
discontinuance with a description of the
facts or conduct supporting the
proposal. The test participant will be
offered the opportunity to respond to
the Director’s proposal in writing within
10 business days of the date of the
written notice. The response must be
submitted to the ICD Director, TPP, OT,
by emailing GBI@cbp.dhs.gov, with a
subject line reading ‘‘Appeal—GBI
Discontinuance.’’
The Director, ICD, will issue a final
decision in writing on the proposed
action within 30 business days after
receiving a timely filed response from
the test participant, unless such time is
extended for good cause. If no timely
response is received, the proposed
notice becomes the final decision of
CBP as of the date that the response
period expires. A proposed
discontinuance of a test participant’s
privileges will not take effect unless the
response process under this paragraph
has been concluded with a written
decision that is adverse to the test
participant, which will be provided via
email.
J. Confidentiality
Data submitted and entered into ACE
may include confidential commercial or
financial information which may be
protected under the Trade Secrets Act
(18 U.S.C. 1905), the Freedom of
Information Act (5 U.S.C. 552), and the
Privacy Act (5 U.S.C. 552a). However, as
stated in previous notices, participation
in this or any of the previous ACE tests
is not confidential and, therefore, upon
receipt of a written Freedom of
Information Act request, the name(s) of
an approved participant(s) will be
disclosed by CBP in accordance with 5
U.S.C. 552.
VerDate Sep<11>2014
19:14 Dec 01, 2022
Jkt 259001
IV. Comments on the Test
All interested parties are invited to
comment on any aspect of this test at
any time. CBP requests comments and
feedback on all aspects of this test,
including the design, conduct and
implementation of the test, in order to
determine whether to modify, alter,
expand, limit, continue, end, or fully
implement this program. Comments
should be submitted via email to GBI@
cbp.dhs.gov, with the subject line
reading ‘‘Comments/Questions on GBI
EPoC.’’
V. Paperwork Reduction Act
The Paperwork Reduction Act (PRA)
of 1995 (44 U.S.C. 3507(d)) requires that
CBP consider the impact of paperwork
and other information collection
burdens imposed on the public. An
agency may not conduct, and a person
is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number assigned by the
Office of Management and Budget
(OMB).
The new GBI collection of
information gathered under this test has
been approved by OMB in accordance
with the requirements of the PRA and
assigned OMB control number 1651–
0141. In addition, the Entry/Immediate
Delivery Application and ACE Cargo
Release (CBP Form 3461 and 3461 ALT)
has been updated to accommodate the
GBI test, and approved by OMB under
OMB control number 1651–0024.
VI. Evaluation Criteria
The test is intended to evaluate the
feasibility of replacing the current
manufacturer or shipper identification
code (MID) with unique entity
identifiers (GBIs) to more accurately
identify legal business entities, their
different business locations and
addresses, as well as their various
functions and supply chain roles, based
upon information derived from the
unique D–U–N–S®, GLN, and LEI entity
identifiers. The test will assist CBP in
enforcing applicable laws and
protecting the revenue, while fulfilling
trade modernization efforts by assisting
the agency in verifying the roles,
functions and responsibilities that
various entities play in a given
participants’ importation of
merchandise. CBP’s evaluation of the
test, including the review of any
comments submitted to CBP during the
duration of the test, will be ongoing
with a view to possible extension or
expansion of the test.
CBP will evaluate whether the test: (1)
improves foreign entity data for trade
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
74161
facilitation, risk management, and
statistical integrity; (2) ensures U.S.
Government access to foreign entity
data; (3) institutionalizes a global,
managed identification system; (4)
implements a cost-effective solution; (5)
obtains stakeholder buy-in; and (6)
facilitates legal compliance across the
U.S. Government. At the conclusion of
the test, an evaluation will be conducted
to assess the efficacy of the information
received throughout the course of the
test. The final results of the evaluation
will be published in the Federal
Register as required by section
101.9(b)(2) of the CBP regulations (19
CFR 101.9(b)(2)).
Should the GBI EPoC be successful
and ultimately be codified under the
CBP regulations, CBP anticipates that
this data would greatly enhance ongoing
trade entity identification and
resolution, reduce risk, and improve
compliance operations. CBP would also
anticipate greater supply chain visibility
and verified, validated information on
legal entities, which will support better
decision-making during customs
clearance processes.
Dated: November 28, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2022–26213 Filed 12–1–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–0022–0046; OMB No.
1660–0143]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Federal Emergency
Management Agency Individual
Assistance Customer Satisfaction
Surveys
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: 60-Day notice of revision and
request for comments.
AGENCY:
The Federal Emergency
Management Agency (FEMA), as part of
its continuing effort to reduce
paperwork and respondent burden,
invites the general public to take this
opportunity to comment on an
extension, with change, of a currently
approved information collection. In
accordance with the Paperwork
Reduction Act of 1995, this notice seeks
comments concerning the collection of
SUMMARY:
E:\FR\FM\02DEN1.SGM
02DEN1
]]>Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74157-74161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26213]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Announcement of the National Customs Automation Program Test
Concerning the Submission Through the Automated Commercial Environment
of Certain Unique Entity Identifiers for the Global Business Identifier
Evaluative Proof of Concept
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) will conduct a National Customs Automation Program
test regarding the electronic transmission of certain unique entity
identifiers through the Automated Commercial Environment (ACE). This
test, which is referred to as the ``Global Business Identifier
Evaluative Proof of Concept'' (GBI EPoC), is for participation by entry
filers (i.e., importers of record and licensed customs brokers) for
merchandise imported into the United States. Test participants will
voluntarily provide specific global business identifiers (GBIs) for the
manufacturers, sellers, and shippers of merchandise covered by
specified types of entries, which are limited for purposes of this test
to certain commodities and countries of origin. Test participants may
also, optionally, provide specific GBIs for exporters, distributors,
and packagers associated with the covered entries. The test will permit
CBP and certain Partner Government Agencies (PGAs) to access the
underlying data associated with the GBIs (referred to as the ``GBI
data''), to determine whether the submission of GBIs at the time of
entry filing will enable the enhanced tracing of the supply chains of
certain commodities. This notice invites importers of record and
licensed customs brokers to participate in the test, provides a
description of the test, sets forth the criteria for participation, and
invites public comments on all aspects of the test.
DATES: The GBI EPoC will commence on December 19, 2022, and will
continue until July 21, 2023, subject to any extension, modification,
or early termination as announced in the Federal Register. CBP will
begin to accept requests from importers of record and licensed customs
brokers to participate in the test on December 2, 2022, and CBP will
continue to accept such requests until the GBI EPoC concludes. Public
comments on the test are invited and may be submitted to the address
set forth below at any time during the test period.
ADDRESSES: Comments and questions concerning this notice, or any aspect
of the test, may be submitted at any time before or during the test
period via email to Trade Policy and Programs, Office of Trade, U.S.
Customs and Border Protection, at [email protected], with the subject
line reading ``Comments/Questions on GBI EPoC.''
FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact
Julie L. Stoeber, Branch Chief, 1USG, Interagency Collaboration
Division, Trade Policy and Programs Division, Office of Trade, U.S.
Customs and Border Protection, at (202) 945-7064 or via email at
[email protected], with a subject line reading ``Global Business
Identifier Test--GBI.'' For technical questions related to ACE or
Automated Broker Interface (ABI) transmissions, importers of record and
licensed customs brokers should contact their assigned ACE or ABI
client representatives, respectively. Interested parties without an
assigned client representative should direct their questions to Tonya
Perez, Director, Client Services Division, Office of Trade, U.S.
Customs and Border Protection, at (571) 421-7477 or via email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
subtitle B of title VI--Customs Modernization in the North American
Free Trade Agreement 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 focused on
informed trade compliance and the development
[[Page 74158]]
of ACE, the planned successor to the Automated Commercial System (ACS).
ACE is an automated and electronic system for commercial trade
processing, intended to streamline business processes, facilitate
growth in trade, ensure cargo security, and foster participation in
global commerce, while facilitating compliance with U.S. laws and
regulations and reducing costs for U.S. Customs and Border Protection
(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, which update the system and add new
functionality.
Sections 411 through 414 of the Tariff Act of 1930 (19 U.S.C. 1411-
1414), as amended, define and list the existing and planned components
of the NCAP (section 411), promulgate program goals (section 412),
provide for the implementation and evaluation of the program (section
413), and provide for Remote Location Filing (section 414). Section
411(a)(1)(A) lists the electronic entry of merchandise, section
411(a)(1)(B) lists the electronic entry summary of required
information, and section 411(a)(1)(D) lists the electronic transmission
of manifest information, as existing NCAP components. Section
411(d)(2)(A) provides for the periodic review of data elements
collected in order to update the standard set of data elements, as
necessary.
B. Global Business Identifier Evaluative Proof of Concept (GBI EPoC)
ACE is the system through which the U.S. Government has implemented
the ``Single Window,'' the primary system for processing trade-related
import and export data required by the PGAs that work alongside CBP in
regulating specific commodities. The transition away from paper-based
procedures has resulted in faster, more streamlined processes for both
the U.S. Government and industry. To continue this progress, CBP began
working with the Border Interagency Executive Council (BIEC) and the
Commercial Customs Operations Advisory Committee (COAC) starting in
2017, to discuss the continuing viability of the data element known as
the manufacturer or shipper identification code (MID).
Currently, importers of record provide the MID at the time of
filing of the entry summary. See generally 19 CFR part 142. The 13-
digit MID is derived from the name and address of the manufacturer or
shipper, as specified on the commercial invoice, by applying a code
constructed pursuant to instructions specified by CBP. See Customs
Directive No. 3550-055, dated November 24, 1986 (available online at
https://www.cbp.gov/sites/default/files/documents/3550-055_3.pdf).
Although use of the MID has served CBP and the international trade
community well in the past, it has become apparent that the MID is not
always a consistent or unique number. For example, the MID is based
upon the manufacturer or shipper name, address, and country of origin,
and this data can change over time and/or result in the same MID for
multiple entities. Also, while the MID provides limited identifying
information, other global unique identifiers capture a broader swath of
pertinent information regarding the entities with which they are
associated (e.g., legal ownership of businesses, specific business and
global locations, and supply chain roles and functions). Changes in
international trade and technology for tracking the flow of commodities
have presented an opportunity for CBP and PGAs to explore new processes
and procedures for identifying the parties involved in the supply
chains of imported goods.
CBP has thus engaged in regular outreach with stakeholders,
including, but not limited to, importers of record, licensed customs
brokers, trade associations, and PGAs, with a goal of obtaining
meaningful feedback on their existing systems and operations in order
to establish a mutually beneficial global entity identifier system. As
a result of these discussions, CBP developed the Global Business
Identifier Evaluative Proof of Concept (GBI EPoC), which is an
interagency trade transformation project that aims to test and develop
a single entity identifier solution for CBP and PGAs to achieve trade
facilitation and trade security by obtaining deeper insight into the
legal structure of ``who is who'' across the spectrum of trade
entities, and to understand more clearly ownership, affiliation, and
parent-subsidiary relationships.
For purposes of the GBI EPoC, ACE has been modified to permit test
participants to provide the following entity identifiers (GBIs)
associated with manufacturers, shippers, and sellers of merchandise
covered by entries that meet the GBI EPoC criteria (commodity + country
of origin): nine (9) digit Data Universal Numbering System (D-U-N-
S[supreg]), thirteen (13) digit Global Location Number (GLN), and
twenty (20) digit Legal Entity Identifier (LEI). These GBIs will be
provided in addition to other required entry data (which may include
the MID); any GBIs associated with the importer of record itself need
not be provided as part of this test. The GBIs associated with the
manufacturers, shippers and sellers will be provided with the CBP Form
3461 (Entry/Immediate Delivery) data transmission via the ABI in ACE
for formal entries for consumption (``entry type 01'' in ACE) and
informal entries (``entry type 11'' in ACE). CBP will then access the
underlying data (GBI data) associated with the D-U-N-S[supreg], GLN,
and LEI, as set forth in the agreements that CBP has entered into with
Dun & Bradstreet (D&B), GS1, and the Global Legal Entity Identifier
Foundation (GLEIF), respectively, in order to connect a specific entry
and merchandise to a more complete picture of those entities'
ownership, structure, and affiliations, among other information. D&B,
GS1, and GLEIF are collectively referred to as the identity management
companies (IMCs).
Through the GBI EPoC, CBP aims to leverage existing entity
identifiers--the D-U-N-S[supreg], GLN, and LEI--to develop a
systematic, accurate, and efficient method for the trade to report, and
the U.S. Government to uniquely identify, legal business entities,
their different business locations and addresses, and their various
functions and supply chain roles. CBP will consider whether these three
GBI, singly, or in concert, ensure that CBP and PGAs receive
standardized trade data in a universally compatible trade language.
Moreover, CBP will examine whether the GBIs submitted to CBP can be
easily verified, thus reducing uncertainties that may be associated
with the information related to shipments of imported merchandise. CBP
will also consider whether the GBI EPoC may ultimately prove to be a
more far-reaching, interagency initiative, one that keeps with the
vision and actualized promise of the ``Single Window,'' by providing
better visibility into the supply chain for CBP and PGAs, thereby
further reducing paper processing, expediting cargo release, and
enhancing the traceability of supply chains.
II. Authorization for the Test
The Customs Modernization Act authorizes the Commissioner of CBP to
conduct limited test programs or procedures designed to evaluate
planned components of the NCAP. The GBI EPoC is authorized pursuant to
19 CFR 101.9(b), which provides for the testing of NCAP programs or
procedures. See T.D. 95-21, 60 FR 14211 (March 16, 1995).
[[Page 74159]]
III. Conditions for the Test
The test is voluntary, and importers of record and licensed customs
brokers who wish to participate in the test must comply with all of the
conditions set forth below. The full effect of access to additional
entity-related data based on submission of the GBIs will be a key
evaluation metric of the test.
Participation in the test will provide test participants with the
opportunity to test and give feedback to CBP on the GBI EPoC design and
scope. Participation may also enable test participants to establish and
test their digital fingerprints, such as more accurately identifying
certain parties involved in their supply chains. In addition,
participation may allow the trade community to better manage and
validate their data and streamline their import data collection
processes. Lastly, test participation may allow for the wider
application of entity identifiers that are currently providing broad
sector coverage and enhanced data analysis.
A. Obtaining Global Business Identifier (GBI) Numbers
Importers of record and licensed customs brokers who are interested
in participating in the test must arrange to obtain the required D-U-N-
S[supreg], GLN, and LEI entity identifiers (the GBIs) from the
manufacturers, shippers, and sellers of merchandise that are intended
to be covered by future entries that will meet the conditions of the
test (commodity + country of origin). For purposes of providing the
information required for the test, the parties are defined as follows
for each covered entry:
Manufacturer (or supplier)--The party that last
manufactures, assembles, produces, or grows the goods or the party
supplying the finished goods in the country from which the goods are
leaving for the United States.
Shipper--The party that enters into a contract for
carriage with, and arranges for delivery of the goods to, a carrier or
transport intermediary for transportation to the United States.
Seller--The last known party by whom the goods are sold or
agreed to be sold. If the goods are to be imported otherwise than in
pursuance of a purchase, the owner of the goods must be provided.
Optionally, test participants may also arrange to obtain the GBIs
for exporters, distributors, and packagers that will be associated with
these future entries and provide them to CBP on qualifying entries
covered by this test.
A party may obtain its own GBI by contacting Dun and Bradstreet
(D&B) at https://www.dnb.com/duns-number.html, regarding the D-U-N-
S[supreg]; GS1 at https://www.gs1.org/standards/id-keys/gln, regarding
the GLN; and Global Legal Entity Identifier Foundation (GLEIF) at
https://www.lei-identifier.com/lei-registration/, regarding the LEI.
Once the manufacturers, shippers, and sellers (and, optionally, the
exporters, distributors, and packagers) have obtained their own GBIs
(the D-U-N-S[supreg], GLN, and LEI), these parties should provide the
resulting GBIs to the relevant importer of record or licensed customs
broker participating in the test. If these parties experience any
difficulty with obtaining any of the GBIs, the importer of record or
licensed customs broker seeking to participate in the test should reach
out to CBP by email at [email protected]. The test participant is not
required to obtain or submit GBIs pertaining to their own entity.
Importers of record and licensed customs brokers are reminded that
they are responsible for obtaining any necessary permissions with
respect to providing to CBP the GBIs for manufacturers, shippers, and
sellers (and, optionally, for exporters, distributors, and packagers)
in the supply chains of the imported merchandise for which they file
the specified types of entries subject to the conditions of the test
(commodity + country of origin). Therefore, prior to submitting their
request to participate in the test to CBP, as discussed below,
importers of record and licensed customs brokers should consult with
these parties to ensure that these parties are willing to grant any
necessary permissions to share their GBIs (which will also result in
CBP's access to the underlying GBI data associated with those GBIs, as
described above) with CBP under the auspices of the test.
B. Submission of Request To Participate in the GBI EPoC
The test is open to all importers of record and licensed customs
brokers provided that these parties have requested permission and are
approved by CBP to participate in the test. Importers of record and
licensed customs brokers seeking to participate in the test should
email the GBI Inbox ([email protected]) with the subject heading
``Request to Participate in the GBI EPoC.'' As part of their request to
participate, importers of record and licensed customs brokers must
agree to provide available GBIs with entry filings for merchandise that
is subject to the conditions of the test and state that they intend to
participate in the test. The request must include the potential
participant's filer code and evidence that they have obtained all three
GBIs (D-U-N-S[supreg], GLN, and LEI), or are in the process of
obtaining them, from the manufacturers, shippers, and sellers (and,
optionally, exporters, distributors, and packagers) of merchandise that
is subject to the conditions of the test (commodity + country of
origin). They must also advise that they intend to import commodities
that are subject to the test from the countries of origin that are
subject to the test.
Test participants who are importers of record and do not self-file
must advise CBP in their request that they have authorized their
licensed customs broker(s) to file qualifying entries under the test on
their behalf. Test participants who are licensed customs brokers must
advise CBP that they have been authorized to file qualifying entries on
behalf of importers of record whose shipments meet the test criteria
(commodity + country of origin), as set forth below.
CBP will begin to accept requests to participate in the test on
December 19, 2022 and will continue to accept them until the test
concludes. Anyone providing incomplete information, or otherwise not
meeting the test requirements, will be notified by email, and given the
opportunity to resubmit their request to participate in the test.
C. Approval of GBI EPoC Participants
A party who wishes to participate in this test is eligible to do so
as long as it is an importer of record or licensed customs broker who
files type 01 (formal) or type 11 (informal) entries of merchandise
that meet the conditions of the test (commodity + country of origin),
and that party obtains the required GBIs from their supply chain
partners. After receipt of a request to participate in the test, CBP
will notify, by email, the importers of record and licensed customs
brokers who are approved for participation and inform them of the
starting date of their participation (noting that test participants may
have different starting dates). Test participants must provide the GBIs
they have received to CBP prior to the starting date of their
participation (participants will also provide the GBIs to CBP again
with each qualified entry filing meeting the requirements of the test).
Test participants are considered to be bound by the terms and
conditions of this notice and any subsequent modifications published in
the Federal Register.
[[Page 74160]]
D. Criteria for Qualifying Entries
1. Commodities Subject to the GBI EPoC
The test will be limited to type 01 and type 11 entries of certain
commodities, specifically alcohol, toys, seafood, personal items and
medical devices. Accordingly, CBP has limited the test to entries of
merchandise classifiable in specific subheadings of chapters 3, 16, 22,
30, 33, 63, 90, and 95 of the Harmonized Tariff Schedule of the United
States (HTSUS), as set forth below.
Chapter 3: 0306.16.0003; 0306.16.0006; 0306.16.0009; 0306.16.0012;
0306.16.0015; 0306.16.0018; 0306.16.0021; 0306.16.0024; 0306.16.0027;
0306.16.0040; 0306.17.0004; 0306.17.0005; 0306.17.0007; 0306.17.0008;
0306.17.0010; 0306.17.0011; 0306.17.0013; 0306.17.0014; 0306.17.0016;
0306.17.0017; 0306.17.0019; 0306.17.0020; 0306.17.0022; 0306.17.0023;
0306.17.0025; 0306.17.0026; 0306.17.0028; 0306.17.0029; 0306.17.0041;
0306.17.0042; 0306.35.0020; 0306.35.0040; 0306.36.0020; 0306.36.0040;
0306.95.0020; and 0306.95.0040.
Chapter 16: 1605.21.0500; 1605.21.1020; 1605.21.1030; 1605.21.1050;
1605.29.0500; 1605.29.1010; and 1605.29.1040.
Chapter 22: 2203.00.0030; 2203.00.0060; 2203.00.0090; 2204.10.0030;
2204.10.0065; 2204.10.0075; 2204.21.5005; 2204.21.5015; 2204.21.5025;
2204.21.5025; 2204.21.5028; 2204.21.5035; 2204.21.5040; 2204.21.5050;
2204.21.5055; 2204.21.5060; 2204.21.8030; 2204.21.8060; 2208.30.3030;
2208.30.3060; 2208.40.4000; and 2208.60.2000.
Chapter 30: 3005.90.5010; 3005.90.5090.
Chapter 33: 3304.99.5000.
Chapter 63: 6307.90.6800.
Chapter 90: 9018.39.0020; 9018.39.0040; 9018.39.0050; and
9018.90.8000.
Chapter 95: 9503.00.0011; 9503.00.0013; 9503.00.0071; 9503.00.0073;
and 9503.00.0090.
Test participants are encouraged to submit GBIs with all qualified
entry filings that meet the conditions of the test so that CBP has a
fulsome data set to evaluate; however, entries will not be rejected if
GBIs are not submitted. Additional commodities may be added as CBP
refines the scope of the test. CBP will announce the HTSUS subheadings
for any additional commodities as a modification to the test in a
subsequent Federal Register notice.
2. Countries of Origin Subject to the GBI EPoC
CBP has limited the test to entries of imported merchandise with
the following countries of origin, which have been identified as
representing both countries with a high risk of non-compliance with
U.S. import laws and those that are partner countries, while covering a
diversity of jurisdictions: (1) Australia; (2) Canada; (3) China; (4)
France; (5) Italy; (6) Mexico; (7) New Zealand; (8) Singapore; (9)
United Kingdom; and (10) Vietnam. Additional countries of origin may be
added as CBP refines the scope of the test. CBP will announce any
additional countries of origin as a modification to the test in a
subsequent Federal Register notice.
E. Filing Entries With GBIs (via ABI in ACE)
Test participants must coordinate with their software vendors or
technical teams to ensure that their electronic systems are capable of
transmitting the D-U-N-S[supreg], GLN, and LEI entity identifiers to
CBP. During this test, CBP will only accept electronic submissions of
GBIs via ABI in ACE with CBP Form 3461 (Entry/Immediate Delivery)
filings for type 01 and type 11 entries. Upon selection to participate
in the test, the test participants will be provided with technical
information and guidance regarding the transmission of the GBIs to CBP
with the CBP Form 3461 filings. The assigned ABI client representatives
of the test participants will provide additional technical support, as
needed.
F. CBP Access to Underlying GBI Data Associated With GBIs
As part of the test, CBP has entered into agreements with D&B, GS1,
and GLEIF (the IMCs) for limited access to the underlying data (``GBI
data'') that is associated with the GBIs for the duration of the test
and for testing of CBP's automated systems.\1\ The data elements for
which CBP has entered into agreements with D&B, GS1, and GLEIF may
include, but are not limited to: (1) entity identifier numbers, (2)
official business titles; (3) names; (4) addresses; (5) financial data;
(6) trade names; (7) payment history; (8) economic status; and (9)
executive names. The data elements will be examined as part of the
test.
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\1\ As noted above, D&B, GS1, and GLEIF are IMCs. The GBI data
consists of data provided by the relevant entity to the IMCs in
order to generate a GBI--the D-U-N-S[supreg], GLN, or LEI. GBIs
allow CBP to link the underlying GBI data to specific entities and
entries.
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Consistent with the agreements, CBP may access GBI data, combine it
with CBP data, and evaluate the GBIs that the test participants provide
with an entry filing. The GBI data will assist CBP and PGAs in
determining the optimal combination of the three entity identifiers
(the GBIs) that will provide the U.S. Government with sufficient entity
data needed to support identification, monitoring, and enforcement
procedures to better equip the U.S. Government to focus on high-risk
shipments and bad actors.
CBP will process entries submitted pursuant to the test by
analyzing the GBIs submitted via ABI in ACE and ensuring that the GBIs
are submitted correctly. CBP will then evaluate the submitted entries
to assess the ease and cost of obtaining each of the GBIs, evaluating
each GBI to ensure that it is being submitted properly per the
technical requirements that will be set forth in CBP and Trade
Automated Interface Requirements (CATAIR), and ensuring that CBP is
able to validate that each GBI is accurate using the underlying GBI
data from the IMCs or otherwise known to CBP.
G. Partner Government Agencies (PGAs)
PGAs are important to the success of the test. Certain PGAs, which
may receive GBIs and GBI data and are intended as core test
beneficiaries, may use the GBIs and GBI data to improve risk management
and import compliance. This may result in smarter, more efficient, and
more effective compliance efforts. CBP will announce the PGAs who will
receive GBIs and GBI data pursuant to the test in a notice to be
published in the Federal Register at a later date.
H. Duration of Test
The test will commence on December 19, 2022, and will run until
July 21, 2023, subject to any extensions, modifications or early
termination as announced by way of a notice to be published in the
Federal Register.
I. Misconduct Under the Test
Misconduct under the test may include, but is not limited to,
submitting false GBIs with an entry filing. Currently, CBP does not
plan to assess penalties against GBI EPoC participants that fail to
timely and accurately submit GBIs during the test. CBP also does not
anticipate shipment delays due to the failure to file or the erroneous
filing of GBIs. However, test participants are expected to follow all
other applicable
[[Page 74161]]
regulations and requirements associated with the entry process.
After an initial six-month period (or at such earlier time as CBP
deems appropriate), a test participant may be subject to discontinuance
from participation in this test for any of the following repeated
actions:
Failure to follow the terms and conditions of this test;
Failure to exercise due diligence in the execution of
participant obligations;
Failure to abide by applicable laws and regulations that
have not been waived; or
Failure to deposit duties or fees in a timely manner.
If the Director, Interagency Collaboration Division (ICD), Trade
Policy and Programs (TPP), Office of Trade (OT), finds that there is a
basis to discontinue a participant's participation in the test, then
CBP will provide written notice, via email, proposing the
discontinuance with a description of the facts or conduct supporting
the proposal. The test participant will be offered the opportunity to
respond to the Director's proposal in writing within 10 business days
of the date of the written notice. The response must be submitted to
the ICD Director, TPP, OT, by emailing [email protected], with a subject
line reading ``Appeal--GBI Discontinuance.''
The Director, ICD, will issue a final decision in writing on the
proposed action within 30 business days after receiving a timely filed
response from the test participant, unless such time is extended for
good cause. If no timely response is received, the proposed notice
becomes the final decision of CBP as of the date that the response
period expires. A proposed discontinuance of a test participant's
privileges will not take effect unless the response process under this
paragraph has been concluded with a written decision that is adverse to
the test participant, which will be provided via email.
J. Confidentiality
Data submitted and entered into ACE may include confidential
commercial or financial information which may be protected under the
Trade Secrets Act (18 U.S.C. 1905), the Freedom of Information Act (5
U.S.C. 552), and the Privacy Act (5 U.S.C. 552a). However, as stated in
previous notices, participation in this or any of the previous ACE
tests is not confidential and, therefore, upon receipt of a written
Freedom of Information Act request, the name(s) of an approved
participant(s) will be disclosed by CBP in accordance with 5 U.S.C.
552.
IV. Comments on the Test
All interested parties are invited to comment on any aspect of this
test at any time. CBP requests comments and feedback on all aspects of
this test, including the design, conduct and implementation of the
test, in order to determine whether to modify, alter, expand, limit,
continue, end, or fully implement this program. Comments should be
submitted via email to [email protected], with the subject line reading
``Comments/Questions on GBI EPoC.''
V. Paperwork Reduction Act
The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d))
requires that CBP consider the impact of paperwork and other
information collection burdens imposed on the public. An agency may not
conduct, and a person is not required to respond to, a collection of
information unless the collection of information displays a valid
control number assigned by the Office of Management and Budget (OMB).
The new GBI collection of information gathered under this test has
been approved by OMB in accordance with the requirements of the PRA and
assigned OMB control number 1651-0141. In addition, the Entry/Immediate
Delivery Application and ACE Cargo Release (CBP Form 3461 and 3461 ALT)
has been updated to accommodate the GBI test, and approved by OMB under
OMB control number 1651-0024.
VI. Evaluation Criteria
The test is intended to evaluate the feasibility of replacing the
current manufacturer or shipper identification code (MID) with unique
entity identifiers (GBIs) to more accurately identify legal business
entities, their different business locations and addresses, as well as
their various functions and supply chain roles, based upon information
derived from the unique D-U-N-S[supreg], GLN, and LEI entity
identifiers. The test will assist CBP in enforcing applicable laws and
protecting the revenue, while fulfilling trade modernization efforts by
assisting the agency in verifying the roles, functions and
responsibilities that various entities play in a given participants'
importation of merchandise. CBP's evaluation of the test, including the
review of any comments submitted to CBP during the duration of the
test, will be ongoing with a view to possible extension or expansion of
the test.
CBP will evaluate whether the test: (1) improves foreign entity
data for trade facilitation, risk management, and statistical
integrity; (2) ensures U.S. Government access to foreign entity data;
(3) institutionalizes a global, managed identification system; (4)
implements a cost-effective solution; (5) obtains stakeholder buy-in;
and (6) facilitates legal compliance across the U.S. Government. At the
conclusion of the test, an evaluation will be conducted to assess the
efficacy of the information received throughout the course of the test.
The final results of the evaluation will be published in the Federal
Register as required by section 101.9(b)(2) of the CBP regulations (19
CFR 101.9(b)(2)).
Should the GBI EPoC be successful and ultimately be codified under
the CBP regulations, CBP anticipates that this data would greatly
enhance ongoing trade entity identification and resolution, reduce
risk, and improve compliance operations. CBP would also anticipate
greater supply chain visibility and verified, validated information on
legal entities, which will support better decision-making during
customs clearance processes.
Dated: November 28, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-26213 Filed 12-1-22; 8:45 am]
BILLING CODE 9111-14-P
