80_FR_16473 80 FR 16414 - Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release for Type 03 Entries and for Truck Carriers

80 FR 16414 - Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release for Type 03 Entries and for Truck Carriers

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16414-16416
FR Document2015-07122

This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) cargo release to allow importers and customs brokers to file type 03 entries for all modes of transportation and to file, for cargo transported in the truck mode, entries for split shipments or partial shipments and entry on cargo which has been moved in-bond from the first U.S. port of unlading.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16414-16416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07122]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment (ACE) Cargo Release for 
Type 03 Entries and for Truck Carriers

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

ACTION: General notice.

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

SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning Automated Commercial Environment (ACE) cargo release to 
allow importers and customs brokers to file type 03 entries for all 
modes of transportation and to file, for cargo transported in the truck 
mode, entries for split shipments or partial shipments and entry on 
cargo which has been moved in-bond from the first U.S. port of 
unlading.

DATES: The ACE Cargo Release Test modifications became effective on 
March 1, 2015. The ACE Cargo Release Test will continue until CBP 
publishes in the Federal Register an announcement of its conclusion.

ADDRESSES: Comments or questions concerning this notice and indication 
of interest in participation in ACE Cargo Release Test should be 
submitted, via email, to Steven Zaccaro at 
steven.j.zaccaro@cbp.dhs.gov. In the subject line of your email, please 
use, ``Comment on ACE Cargo Release 03 Entries and Truck Mode.'' The 
body of the email should identify the ports where filings are likely to 
occur.

FOR FURTHER INFORMATION CONTACT: For policy questions related to ACE, 
contact Josephine Baiamonte, Acting Director, Business Transformation, 
ACE Business Office, Office of International Trade, at 
josephine.baiamonte@dhs.gov. For policy questions related to ISF, 
contact Craig Clark, Program Manager, Cargo and Conveyance Security, 
Office of Field Operations, at craig.clark@cbp.dhs.gov. For technical 
questions, contact Steven Zaccaro, Client Representative Branch, ACE 
Business Office, Office of International Trade, at 
steven.j.zaccaro@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

I. The National Customs Automation Program

    This test notice, and the Customs related electronic functions it 
describes, are part of the National Customs Automation Program (NCAP). 
NCAP was established in Subtitle B of Title VI--Customs Modernization, 
in the North American Free Trade Agreement Implementation Act (Pub. L. 
103-182, 107 Stat. 2057, 2170, December 8, 1993) (Customs Modernization 
Act). See 19 U.S.C. 1411. Through NCAP, the initial focus of customs 
modernization was on trade compliance and the development of the 
Automated Commercial Environment (ACE), the planned successor to the 
legacy Customs Automated Commercial System (ACS). ACE is an automated 
and electronic system for commercial trade processing. ACE will 
streamline business processes, facilitate growth in trade, ensure cargo 
security, and foster participation in global commerce, while ensuring 
compliance with U.S. laws and regulations and reducing costs for CBP 
and all its communities of interest. The ability to meet these 
objectives depends upon successfully modernizing CBP's business 
functions and the information technology that supports those functions. 
CBP's modernization efforts are accomplished through phased releases of 
ACE component functionality, designed to introduce a new capability or 
to replace a specific legacy ACS function. Each release will begin with 
a test, and will end with mandatory compliance with the new ACE 
feature, thus retiring the legacy ACS function. Each release builds on 
previous releases, and sets the foundation for subsequent releases.
    The ACE Cargo Release test was previously known as the Simplified 
Entry Test, because the test simplified the entry process by reducing 
the number of data elements required to obtain release for cargo 
transported by air. The original test notice required participants to 
be a member of the Customs-Trade Partnership Against Terrorism (C-TPAT) 
program. Through phased releases of ACE component functionality, this 
test has been expanded to allow all eligible participants to join the 
test for an indefinite period regardless of the C-TPAT status of an 
importer self-filer or a customs broker. CBP also expanded the ACE 
Cargo release test to allow ACE-participating brokers and importers to 
file for release of cargo transported by air, ocean, or rail. See 79 FR 
6210 (February 3, 2014). For these three modes of transportation, CBP 
limited the ACE Cargo Release test to formal consumption entries, which 
ACS termed Type 01 entries; and to informal entries, which ACS termed 
Type 11 entries. See 79 FR 6210.

[[Page 16415]]

    On May 2, 2014, CBP published a Federal Register notice to announce 
its expansion of the ACE Cargo Release test to allow ACE-participating 
brokers and importers to file for release of cargo transported by 
truck, but only for Type 01 and Type 11 entries. 79 FR 25142 (May 2, 
2014). In that phase of the ACE Cargo Release test, however, for cargo 
transported by truck, CBP excluded split shipments, partial shipments, 
entry on cargo that has been moved in-bond from the first U.S. port of 
unlading, and entries requiring PGA information.
    For the convenience of the public, all Federal Register 
publications detailing ACE test developments in Entry, Summary, 
Accounts, and Revenue (ESAR) are listed chronologically at the end of 
this notice, in Section VI. ``Development of ACE Prototypes.'' CBP's 
ACE eligibility criteria, technical specifications, recordkeeping 
requirements, and rules, as specified in prior NCAP test notices for 
ACE, remain in effect unless CBP publishes a notice, such as this one, 
that explicitly announces a change.

II. Authorization for the Test

    The Customs Modernization provisions in the North American Free 
Trade Agreement Implementation Act provide the Commissioner of CBP with 
authority to conduct limited test programs or procedures designed to 
evaluate planned components of the NCAP. This test is authorized 
pursuant to Sec.  101.9(b) of the CBP Regulations (19 CFR 101.9(b)) 
which provides for the testing of NCAP programs or procedures. See 
Treasury Decision (T.D.) 95-21.

III. Modification of ACE Cargo Release Test To Include Type 03 Entries, 
and To Expand Cargo Release Filing Capabilities for Cargo Conveyed by 
Truck

    This notice announces that, as an addition to Type 01 and Type 11 
entries, CBP is now allowing brokers and importers, who are also ACE 
participants, to file, for air, ocean, rail, and truck modes of 
transportation, a simplified entry for release of cargo subject to an 
antidumping or countervailing duty proceeding, which ACS termed Type 03 
entries.
    This notice also announces that CBP is now allowing ACE-
participating brokers and importers to file for release of cargo 
transported by truck that are split shipments, partial shipments, entry 
on cargo that has been moved in-bond from the first U.S. port of 
unlading.

Eligibility Requirements

    To be eligible to apply for this test, the applicant must: (1) Be a 
self-filing importer who has the ability to file ACE Entry Summaries 
certified for cargo release or a broker who has the ability to file ACE 
Entry Summaries certified for cargo release; or (2) have evinced the 
intent to file entry summaries in ACE.
    Parties seeking to participate in this test must use a software 
package that has completed Automated Broker Interface (ABI) 
certification testing for ACE and offers the ACE Cargo Release (SE) 
message set prior to transmitting data under the test. See the General 
Notice of August 26, 2008 (73 FR 50337) for a complete discussion on 
procedures for obtaining an ACE Portal Account. Importers not self-
filing must be sure their broker has the capability to file entry 
summaries in ACE.

Document Image System (DIS)

    Parties who file entry summaries in ACE are allowed to submit 
specified CBP and PGA documents via a CBP-approved Electronic Data 
Interchange (EDI). In a notice published in the Federal Register (79 FR 
36083) on June 25, 2014, CBP set forth the rules for filing submissions 
via DIS and a list of CBP and PGA forms that may be submitted via DIS. 
For technical information about how ACE participants may build an 
interface to connect with CBP DIS, see http://www.cbp.gov/sites/default/files/documents/dis_implementation_guide_3.pdf.

Test Participation Selection Criteria

    The ACE Cargo Release test is open to all importers and customs 
brokers filing ACE Entry Summaries for cargo transported in the ocean, 
rail, and truck modes. CBP will endeavor to accept all new eligible 
applicants on a first come, first served basis; however, if the volume 
of eligible applicants exceeds CBP's administrative capabilities, CBP 
will reserve the right to select importer and exporter participants 
based upon entry filing volume, diversity of clients or of industries 
represented, while giving consideration to the order in which CBP 
received the requests to participate.
    Any party seeking to participate in this test must provide CBP, in 
their request to participate, their filer code and the port(s) at which 
they are interested in filing ACE Cargo Release transaction data. At 
this time, ACE Cargo Release data may be submitted only for entries 
filed at certain ports. A current listing of those ports may be found 
on the following Web site: http://www.cbp.gov/document/guidance/ace-cargo-release-pilot-ports. CBP may expand to additional ports in the 
future.

Filing Capabilities

    The filing capabilities for the ACE Cargo Release test set forth in 
a Federal Register notice (79 FR 25142) continue to apply and are now 
expanded to include ACE-participating importers and customs brokers 
filing for cargo transported in the truck mode, to allow for automated 
corrections and cancellations, split shipments, partial shipments, 
entry on cargo which has been moved by in-bond from the first U.S. port 
of unlading, and entry for a full manifested bill quantity. These new 
capabilities include functionality specific to the filing and 
processing of Type 01, Type 03, and Type 11 for cargo conveyed by air, 
ocean, rail, or truck mode of transportation. The ACE Cargo Release 
filing capabilities serve to assist the importer in completion of entry 
as required by the provisions of 19 U.S.C. 1484(a)(1)(B).

Data Elements To Be Filed

    In lieu of filing CBP Form 3461 data, the importer or broker acting 
on behalf of the importer must file the following 12 data elements 
(known as the ACE Cargo Release Data set) with CBP:
    (1) Importer of Record Number.
    (2) Buyer name and address.
    (3) Buyer Employer Identification Number (consignee number).
    (4) Seller name and address.
    (5) Manufacturer/supplier name and address.
    (6) HTS 10-digit number.
    (7) Country of origin.
    (8) Bill of lading/house air waybill number.
    (9) Bill of lading issuer code.
    (10) Entry number.
    (11) Entry type.
    (12) Estimated shipment value.
    For cargo transported by ocean or by rail, the filer has the 
option, but is not required, to provide the following three (3) data 
elements:
    (13) Ship to party name and address (optional).
    (14) Consolidator name and address (optional).
    (15) Container stuffing location (optional).
    To enable enhanced functionality in ACE Cargo Release, the ACE-
participating importer or broker may provide an additional three (3) 
data elements if applicable, for cargo transported by air, ocean, rail, 
or truck:
    (16) Port of Entry (if an in-bond number is provided in the entry 
submission, the planned port of entry must also be provided).

[[Page 16416]]

    (17) In-Bond number (if an in-bond shipment).
    (18) Bill Quantity (if bill of lading quantity is specified in the 
entry, it becomes the entered and released quantity for that bill. If 
the bill quantity is not specified, full bill quantity will be entered 
and released for that bill).
    Data element (1) and data elements (6) through (12) are defined in 
the same manner as when they are used for entry filing on the CBP Form 
3461. Data elements (2) through (5) and (13) through (15) are defined 
in accordance with the provisions of 19 CFR 149.3.
    The ACE Cargo Release Data set may be filed at any time prior to 
arrival of the cargo in the United States port of arrival with the 
intent to unlade. This data fulfills merchandise entry requirements and 
allows for earlier release decisions and more certainty for the 
importer in determining the logistics of cargo delivery.

Functionality

    Upon receipt of the ACE Cargo Release data, CBP will process the 
submission and will subsequently transmit its cargo release decision to 
the filer. If a subsequent submission is submitted to CBP, CBP's 
decision regarding the original submission is no longer controlling.
    The merchandise will then be considered to be entered upon its 
arrival in the port with the intent to unlade, as provided by current 
19 CFR 141.68(e).

V. Misconduct Under the Test

    An ACE test participant may be subject to civil and criminal 
penalties, administrative sanctions, liquidated damages, and/or 
suspension from this test for any of the following:
    Failure to follow the terms and conditions of this test.
    Failure to exercise reasonable care in the execution of participant 
obligations.
    Failure to abide by applicable laws and regulations.
    Suspensions for misconduct will be administered by the Executive 
Director, Trade Policy and Programs, Office of International Trade, CBP 
Headquarters. A written notice proposing suspension will be issued to 
the participant that apprises the participant of the facts or conduct 
warranting suspension and informs the participant of the date the 
suspension will begin. Any decision proposing suspension of a 
participant may be appealed in writing to the Assistant Commissioner, 
Office of International Trade within 15 calendar days of the 
notification date. An appeal of a decision of proposed suspension must 
address the facts or conduct charges contained in the notice and state 
how compliance will be achieved. In cases of non-payment, late payment, 
willful misconduct or where public health interests or safety is 
concerned, a suspension may be effective immediately.

VI. Development of ACE Prototypes

    A chronological listing of Federal Register publications, which 
describe ACE test developments, is provided, below.

    ACE Portal Accounts and Subsequent Revision Notices: 67 FR 21800 
(May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 FR 
54302 (September 8, 2004); 70 FR 5199 (February 1, 2005). ACE System 
of Records Notice: 71 FR 3109 (January 19, 2006).
    Terms/Conditions for Access to the ACE Portal and Subsequent 
Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 2008).
    ACE Non-Portal Accounts and Related Notice: 70 FR 61466 (October 
24, 2005); 71 FR 15756 (March 29, 2006).
    ACE Entry Summary, Accounts and Revenue (ESAR I) Capabilities: 
72 FR 59105 (October 18, 2007).
    ACE Entry Summary, Accounts and Revenue (ESAR II) Capabilities: 
73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 2009).
    ACE Entry Summary, Accounts and Revenue (ESAR III) Capabilities: 
74 FR 69129 (December 30, 2009).
    ACE Entry Summary, Accounts and Revenue (ESAR IV) Capabilities: 
76 FR 37136 (June 24, 2011).
    Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 (June 
24, 2011).
    ACE Announcement of a New Start Date for the National Customs 
Automation Program Test of Automated Manifest Capabilities for Ocean 
and Rail Carriers: 76 FR 42721 (July 19, 2011).
    ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
    National Customs Automation Program (NCAP) Tests Concerning 
Automated Commercial Environment (ACE) Document Image System (DIS): 
77 FR 20835 (April 6, 2012).
    National Customs Automation Program (NCAP) Tests Concerning 
Automated Commercial Environment (ACE) Simplified Entry: 
Modification of Participant Selection Criteria and Application 
Process: 77 FR 48527 (August 14, 2012).
    Modification of NCAP Test Regarding Reconciliation for Filing 
Certain Post-Importation Preferential Tariff Treatment Claims under 
Certain FTAs: 78 FR 27984 (May 13, 2013).
    Modification of Two National Customs Automation Program (NCAP) 
Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23, 
2013).
    Modification of Two National Customs Automation Program (NCAP) 
Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 
53466 (August 29, 2013).
    Modification of NCAP Test Concerning Automated Commercial 
Environment (ACE) Cargo Release (formerly known as Simplified 
Entry): 78 FR 66039 (November 4, 2013).
    Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 
FR 69434 (November 19, 2013).
    National Customs Automation Program (NCAP) Test Concerning the 
Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
    Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment (ACE) Cargo Release for 
Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
    Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment (ACE) Cargo Release To 
Allow Importers and Brokers To Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
    Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment (ACE) Cargo Release for 
Truck Carriers: 79 FR 25142 (May 2, 2014).
    Modification of National Customs Automation Program (NCAP) Test 
Concerning Automated Commercial Environment Document Image System: 
79 FR 36083 (June 25, 2014).
    eBond Test: 79 FR 70881 (November 28, 2014); 80 FR 899 (January 
7, 2015).


    Dated: March 24, 2015.
Brenda B. Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-07122 Filed 3-26-15; 8:45 am]
 BILLING CODE P



                                                  16414                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                  determined, and the Secretary certifies,                DEPARTMENT OF HOMELAND                                are part of the National Customs
                                                  that this notice will not have a                        SECURITY                                              Automation Program (NCAP). NCAP
                                                  significant economic impact on a                                                                              was established in Subtitle B of Title
                                                  substantial number of small entities.                   U.S. Customs and Border Protection                    VI—Customs Modernization, in the
                                                     In addition, section 1102(b) of the Act                                                                    North American Free Trade Agreement
                                                                                                          Modification of National Customs                      Implementation Act (Pub. L. 103–182,
                                                  requires us to prepare a regulatory                     Automation Program (NCAP) Test                        107 Stat. 2057, 2170, December 8, 1993)
                                                  impact analysis if a rule may have a                    Concerning Automated Commercial                       (Customs Modernization Act). See 19
                                                  significant impact on the operations of                 Environment (ACE) Cargo Release for                   U.S.C. 1411. Through NCAP, the initial
                                                  a substantial number of small rural                     Type 03 Entries and for Truck Carriers                focus of customs modernization was on
                                                  hospitals. This analysis must conform to                                                                      trade compliance and the development
                                                                                                          AGENCY:  U.S. Customs and Border
                                                  the provisions of section 604 of the                    Protection, Department of Homeland                    of the Automated Commercial
                                                  RFA. For purposes of section 1102(b) of                 Security.                                             Environment (ACE), the planned
                                                  the Act, we define a small rural hospital                                                                     successor to the legacy Customs
                                                                                                          ACTION: General notice.
                                                  as a hospital that is located outside of                                                                      Automated Commercial System (ACS).
                                                  a Metropolitan Statistical Area for                     SUMMARY:    This document announces                   ACE is an automated and electronic
                                                  Medicare payment regulations and has                    U.S. Customs and Border Protection’s                  system for commercial trade processing.
                                                  fewer than 100 beds. We are not                         (CBP’s) plan to modify the National                   ACE will streamline business processes,
                                                  preparing an analysis for section 1102(b)               Customs Automation Program (NCAP)                     facilitate growth in trade, ensure cargo
                                                  of the Act because we have determined,                  test concerning Automated Commercial                  security, and foster participation in
                                                  and the Secretary certifies, that this                  Environment (ACE) cargo release to                    global commerce, while ensuring
                                                  notice will not have a significant impact               allow importers and customs brokers to                compliance with U.S. laws and
                                                  on the operations of a substantial                      file type 03 entries for all modes of                 regulations and reducing costs for CBP
                                                  number of small rural hospitals.                        transportation and to file, for cargo                 and all its communities of interest. The
                                                                                                          transported in the truck mode, entries                ability to meet these objectives depends
                                                     Section 202 of the Unfunded                          for split shipments or partial shipments              upon successfully modernizing CBP’s
                                                  Mandates Reform Act of 1995 also                        and entry on cargo which has been                     business functions and the information
                                                  requires that agencies assess anticipated               moved in-bond from the first U.S. port                technology that supports those
                                                  costs and benefits before issuing any                   of unlading.                                          functions. CBP’s modernization efforts
                                                  rule whose mandates require spending                    DATES: The ACE Cargo Release Test                     are accomplished through phased
                                                  in any 1 year of $100 million in 1995                   modifications became effective on                     releases of ACE component
                                                  dollars, updated annually for inflation.                March 1, 2015. The ACE Cargo Release                  functionality, designed to introduce a
                                                  In 2014, that threshold is approximately                Test will continue until CBP publishes                new capability or to replace a specific
                                                  $141 million. This notice will have no                  in the Federal Register an                            legacy ACS function. Each release will
                                                  consequential effect on State, local, or                announcement of its conclusion.                       begin with a test, and will end with
                                                  tribal governments or on the private                    ADDRESSES: Comments or questions                      mandatory compliance with the new
                                                  sector.                                                 concerning this notice and indication of              ACE feature, thus retiring the legacy
                                                     Executive Order 13132 establishes                    interest in participation in ACE Cargo                ACS function. Each release builds on
                                                  certain requirements that an agency                     Release Test should be submitted, via                 previous releases, and sets the
                                                  must meet when it promulgates a                         email, to Steven Zaccaro at                           foundation for subsequent releases.
                                                                                                          steven.j.zaccaro@cbp.dhs.gov. In the                     The ACE Cargo Release test was
                                                  proposed rule (and subsequent final
                                                                                                          subject line of your email, please use,               previously known as the Simplified
                                                  rule) that imposes substantial direct
                                                                                                          ‘‘Comment on ACE Cargo Release 03                     Entry Test, because the test simplified
                                                  requirement costs on State and local                    Entries and Truck Mode.’’ The body of
                                                  governments, preempts State law, or                                                                           the entry process by reducing the
                                                                                                          the email should identify the ports                   number of data elements required to
                                                  otherwise has Federalism implications.                  where filings are likely to occur.
                                                  Since this notice does not impose any                                                                         obtain release for cargo transported by
                                                                                                          FOR FURTHER INFORMATION CONTACT: For                  air. The original test notice required
                                                  costs on State or local governments, the                policy questions related to ACE, contact
                                                  requirements of Executive Order 13132                                                                         participants to be a member of the
                                                                                                          Josephine Baiamonte, Acting Director,                 Customs-Trade Partnership Against
                                                  are not applicable.                                     Business Transformation, ACE Business                 Terrorism (C–TPAT) program. Through
                                                     In accordance with the provisions of                 Office, Office of International Trade, at             phased releases of ACE component
                                                  Executive Order 12866, this notice was                  josephine.baiamonte@dhs.gov. For                      functionality, this test has been
                                                  reviewed by the Office of Management                    policy questions related to ISF, contact              expanded to allow all eligible
                                                  and Budget.                                             Craig Clark, Program Manager, Cargo                   participants to join the test for an
                                                                                                          and Conveyance Security, Office of                    indefinite period regardless of the
                                                    Dated: March 10, 2015.                                Field Operations, at craig.clark@                     C–TPAT status of an importer self-filer
                                                  Andrew M. Slavitt,                                      cbp.dhs.gov. For technical questions,                 or a customs broker. CBP also expanded
                                                  Acting Administrator, Centers for Medicare              contact Steven Zaccaro, Client                        the ACE Cargo release test to allow ACE-
                                                  & Medicaid Services.                                    Representative Branch, ACE Business                   participating brokers and importers to
                                                  [FR Doc. 2015–07108 Filed 3–26–15; 8:45 am]             Office, Office of International Trade, at             file for release of cargo transported by
                                                                                                          steven.j.zaccaro@cbp.dhs.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  BILLING CODE 4120–01–P                                                                                        air, ocean, or rail. See 79 FR 6210
                                                                                                          SUPPLEMENTARY INFORMATION:                            (February 3, 2014). For these three
                                                                                                          Background                                            modes of transportation, CBP limited
                                                                                                                                                                the ACE Cargo Release test to formal
                                                                                                          I. The National Customs Automation                    consumption entries, which ACS
                                                                                                          Program                                               termed Type 01 entries; and to informal
                                                                                                             This test notice, and the Customs                  entries, which ACS termed Type 11
                                                                                                          related electronic functions it describes,            entries. See 79 FR 6210.


                                             VerDate Sep<11>2014   20:59 Mar 26, 2015   Jkt 235001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\27MRN1.SGM   27MRN1


                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                            16415

                                                     On May 2, 2014, CBP published a                      Eligibility Requirements                              guidance/ace-cargo-release-pilot-ports.
                                                  Federal Register notice to announce its                   To be eligible to apply for this test,              CBP may expand to additional ports in
                                                  expansion of the ACE Cargo Release test                 the applicant must: (1) Be a self-filing              the future.
                                                  to allow ACE-participating brokers and                  importer who has the ability to file ACE              Filing Capabilities
                                                  importers to file for release of cargo                  Entry Summaries certified for cargo
                                                  transported by truck, but only for Type                                                                          The filing capabilities for the ACE
                                                                                                          release or a broker who has the ability
                                                  01 and Type 11 entries. 79 FR 25142                                                                           Cargo Release test set forth in a Federal
                                                                                                          to file ACE Entry Summaries certified
                                                  (May 2, 2014). In that phase of the ACE                                                                       Register notice (79 FR 25142) continue
                                                                                                          for cargo release; or (2) have evinced the
                                                  Cargo Release test, however, for cargo                                                                        to apply and are now expanded to
                                                                                                          intent to file entry summaries in ACE.
                                                  transported by truck, CBP excluded split                                                                      include ACE-participating importers
                                                                                                            Parties seeking to participate in this
                                                  shipments, partial shipments, entry on                                                                        and customs brokers filing for cargo
                                                                                                          test must use a software package that
                                                  cargo that has been moved in-bond from                                                                        transported in the truck mode, to allow
                                                                                                          has completed Automated Broker
                                                  the first U.S. port of unlading, and                                                                          for automated corrections and
                                                                                                          Interface (ABI) certification testing for
                                                  entries requiring PGA information.                                                                            cancellations, split shipments, partial
                                                                                                          ACE and offers the ACE Cargo Release
                                                                                                                                                                shipments, entry on cargo which has
                                                     For the convenience of the public, all               (SE) message set prior to transmitting
                                                                                                                                                                been moved by in-bond from the first
                                                  Federal Register publications detailing                 data under the test. See the General
                                                                                                                                                                U.S. port of unlading, and entry for a
                                                  ACE test developments in Entry,                         Notice of August 26, 2008 (73 FR 50337)
                                                                                                                                                                full manifested bill quantity. These new
                                                  Summary, Accounts, and Revenue                          for a complete discussion on procedures
                                                                                                                                                                capabilities include functionality
                                                  (ESAR) are listed chronologically at the                for obtaining an ACE Portal Account.
                                                                                                                                                                specific to the filing and processing of
                                                  end of this notice, in Section VI.                      Importers not self-filing must be sure
                                                                                                                                                                Type 01, Type 03, and Type 11 for cargo
                                                  ‘‘Development of ACE Prototypes.’’                      their broker has the capability to file
                                                                                                                                                                conveyed by air, ocean, rail, or truck
                                                  CBP’s ACE eligibility criteria, technical               entry summaries in ACE.
                                                                                                                                                                mode of transportation. The ACE Cargo
                                                  specifications, recordkeeping                           Document Image System (DIS)                           Release filing capabilities serve to assist
                                                  requirements, and rules, as specified in                                                                      the importer in completion of entry as
                                                                                                             Parties who file entry summaries in
                                                  prior NCAP test notices for ACE, remain                                                                       required by the provisions of 19 U.S.C.
                                                                                                          ACE are allowed to submit specified
                                                  in effect unless CBP publishes a notice,                                                                      1484(a)(1)(B).
                                                                                                          CBP and PGA documents via a CBP-
                                                  such as this one, that explicitly
                                                                                                          approved Electronic Data Interchange                  Data Elements To Be Filed
                                                  announces a change.
                                                                                                          (EDI). In a notice published in the                      In lieu of filing CBP Form 3461 data,
                                                  II. Authorization for the Test                          Federal Register (79 FR 36083) on June                the importer or broker acting on behalf
                                                                                                          25, 2014, CBP set forth the rules for                 of the importer must file the following
                                                    The Customs Modernization                             filing submissions via DIS and a list of
                                                  provisions in the North American Free                                                                         12 data elements (known as the ACE
                                                                                                          CBP and PGA forms that may be                         Cargo Release Data set) with CBP:
                                                  Trade Agreement Implementation Act                      submitted via DIS. For technical                         (1) Importer of Record Number.
                                                  provide the Commissioner of CBP with                    information about how ACE participants                   (2) Buyer name and address.
                                                  authority to conduct limited test                       may build an interface to connect with                   (3) Buyer Employer Identification
                                                  programs or procedures designed to                      CBP DIS, see http://www.cbp.gov/sites/                Number (consignee number).
                                                  evaluate planned components of the                      default/files/documents/dis_                             (4) Seller name and address.
                                                  NCAP. This test is authorized pursuant                  implementation_guide_3.pdf.                              (5) Manufacturer/supplier name and
                                                  to § 101.9(b) of the CBP Regulations (19                                                                      address.
                                                                                                          Test Participation Selection Criteria
                                                  CFR 101.9(b)) which provides for the                                                                             (6) HTS 10-digit number.
                                                  testing of NCAP programs or                                The ACE Cargo Release test is open to                 (7) Country of origin.
                                                  procedures. See Treasury Decision                       all importers and customs brokers filing                 (8) Bill of lading/house air waybill
                                                  (T.D.) 95–21.                                           ACE Entry Summaries for cargo                         number.
                                                                                                          transported in the ocean, rail, and truck                (9) Bill of lading issuer code.
                                                  III. Modification of ACE Cargo Release                  modes. CBP will endeavor to accept all                   (10) Entry number.
                                                  Test To Include Type 03 Entries, and To                 new eligible applicants on a first come,                 (11) Entry type.
                                                  Expand Cargo Release Filing                             first served basis; however, if the                      (12) Estimated shipment value.
                                                  Capabilities for Cargo Conveyed by                      volume of eligible applicants exceeds                    For cargo transported by ocean or by
                                                  Truck                                                   CBP’s administrative capabilities, CBP                rail, the filer has the option, but is not
                                                                                                          will reserve the right to select importer             required, to provide the following three
                                                     This notice announces that, as an
                                                                                                          and exporter participants based upon                  (3) data elements:
                                                  addition to Type 01 and Type 11
                                                                                                          entry filing volume, diversity of clients                (13) Ship to party name and address
                                                  entries, CBP is now allowing brokers                    or of industries represented, while
                                                  and importers, who are also ACE                                                                               (optional).
                                                                                                          giving consideration to the order in                     (14) Consolidator name and address
                                                  participants, to file, for air, ocean, rail,            which CBP received the requests to                    (optional).
                                                  and truck modes of transportation, a                    participate.                                             (15) Container stuffing location
                                                  simplified entry for release of cargo                      Any party seeking to participate in                (optional).
                                                  subject to an antidumping or                            this test must provide CBP, in their                     To enable enhanced functionality in
                                                  countervailing duty proceeding, which                   request to participate, their filer code              ACE Cargo Release, the ACE-
                                                  ACS termed Type 03 entries.
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                                                                                                          and the port(s) at which they are                     participating importer or broker may
                                                     This notice also announces that CBP                  interested in filing ACE Cargo Release                provide an additional three (3) data
                                                  is now allowing ACE-participating                       transaction data. At this time, ACE                   elements if applicable, for cargo
                                                  brokers and importers to file for release               Cargo Release data may be submitted                   transported by air, ocean, rail, or truck:
                                                  of cargo transported by truck that are                  only for entries filed at certain ports. A               (16) Port of Entry (if an in-bond
                                                  split shipments, partial shipments, entry               current listing of those ports may be                 number is provided in the entry
                                                  on cargo that has been moved in-bond                    found on the following Web site:                      submission, the planned port of entry
                                                  from the first U.S. port of unlading.                   http://www.cbp.gov/document/                          must also be provided).


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                                                  16416                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                     (17) In-Bond number (if an in-bond                   state how compliance will be achieved.                (DIS) and Simplified Entry (SE); Correction:
                                                  shipment).                                              In cases of non-payment, late payment,                78 FR 53466 (August 29, 2013).
                                                     (18) Bill Quantity (if bill of lading                willful misconduct or where public                      Modification of NCAP Test Concerning
                                                  quantity is specified in the entry, it                  health interests or safety is concerned,              Automated Commercial Environment (ACE)
                                                                                                                                                                Cargo Release (formerly known as Simplified
                                                  becomes the entered and released                        a suspension may be effective                         Entry): 78 FR 66039 (November 4, 2013).
                                                  quantity for that bill. If the bill quantity            immediately.                                            Post-Summary Corrections to Entry
                                                  is not specified, full bill quantity will be                                                                  Summaries Filed in ACE Pursuant to the
                                                  entered and released for that bill).                    VI. Development of ACE Prototypes
                                                                                                                                                                ESAR IV Test: Modifications and
                                                     Data element (1) and data elements (6)                 A chronological listing of Federal                  Clarifications: 78 FR 69434 (November 19,
                                                  through (12) are defined in the same                    Register publications, which describe                 2013).
                                                  manner as when they are used for entry                  ACE test developments, is provided,                     National Customs Automation Program
                                                  filing on the CBP Form 3461. Data                       below.                                                (NCAP) Test Concerning the Submission of
                                                  elements (2) through (5) and (13)                                                                             Certain Data Required by the Environmental
                                                                                                             ACE Portal Accounts and Subsequent                 Protection Agency and the Food Safety and
                                                  through (15) are defined in accordance                  Revision Notices: 67 FR 21800 (May 1, 2002);          Inspection Service Using the Partner
                                                  with the provisions of 19 CFR 149.3.                    69 FR 5360 and 69 FR 5362 (February 4,                Government Agency Message Set Through
                                                     The ACE Cargo Release Data set may                   2004); 69 FR 54302 (September 8, 2004); 70            the Automated Commercial Environment
                                                  be filed at any time prior to arrival of                FR 5199 (February 1, 2005). ACE System of             (ACE): 78 FR 75931 (December 13, 2013).
                                                  the cargo in the United States port of                  Records Notice: 71 FR 3109 (January 19,                 Modification of National Customs
                                                  arrival with the intent to unlade. This                 2006).                                                Automation Program (NCAP) Test
                                                  data fulfills merchandise entry                            Terms/Conditions for Access to the ACE             Concerning Automated Commercial
                                                  requirements and allows for earlier                     Portal and Subsequent Revisions: 72 FR                Environment (ACE) Cargo Release for Ocean
                                                                                                          27632 (May 16, 2007); 73 FR 38464 (July 7,            and Rail Carriers: 79 FR 6210 (February 3,
                                                  release decisions and more certainty for
                                                                                                          2008).                                                2014).
                                                  the importer in determining the logistics                  ACE Non-Portal Accounts and Related                  Modification of National Customs
                                                  of cargo delivery.                                      Notice: 70 FR 61466 (October 24, 2005); 71            Automation Program (NCAP) Test
                                                  Functionality                                           FR 15756 (March 29, 2006).                            Concerning Automated Commercial
                                                                                                             ACE Entry Summary, Accounts and                    Environment (ACE) Cargo Release To Allow
                                                     Upon receipt of the ACE Cargo                        Revenue (ESAR I) Capabilities: 72 FR 59105            Importers and Brokers To Certify From ACE
                                                  Release data, CBP will process the                      (October 18, 2007).                                   Entry Summary: 79 FR 24744 (May 1, 2014).
                                                  submission and will subsequently                           ACE Entry Summary, Accounts and                      Modification of National Customs
                                                  transmit its cargo release decision to the              Revenue (ESAR II) Capabilities: 73 FR 50337           Automation Program (NCAP) Test
                                                  filer. If a subsequent submission is                    (August 26, 2008); 74 FR 9826 (March 6,               Concerning Automated Commercial
                                                  submitted to CBP, CBP’s decision                        2009).                                                Environment (ACE) Cargo Release for Truck
                                                                                                             ACE Entry Summary, Accounts and                    Carriers: 79 FR 25142 (May 2, 2014).
                                                  regarding the original submission is no                 Revenue (ESAR III) Capabilities: 74 FR 69129
                                                  longer controlling.                                                                                             Modification of National Customs
                                                                                                          (December 30, 2009).                                  Automation Program (NCAP) Test
                                                     The merchandise will then be                            ACE Entry Summary, Accounts and                    Concerning Automated Commercial
                                                  considered to be entered upon its arrival               Revenue (ESAR IV) Capabilities: 76 FR 37136           Environment Document Image System: 79 FR
                                                  in the port with the intent to unlade, as               (June 24, 2011).                                      36083 (June 25, 2014).
                                                  provided by current 19 CFR 141.68(e).                      Post-Entry Amendment (PEA) Processing                eBond Test: 79 FR 70881 (November 28,
                                                                                                          Test: 76 FR 37136 (June 24, 2011).                    2014); 80 FR 899 (January 7, 2015).
                                                  V. Misconduct Under the Test                               ACE Announcement of a New Start Date
                                                    An ACE test participant may be                        for the National Customs Automation                     Dated: March 24, 2015.
                                                  subject to civil and criminal penalties,                Program Test of Automated Manifest                    Brenda B. Smith,
                                                  administrative sanctions, liquidated                    Capabilities for Ocean and Rail Carriers: 76
                                                                                                          FR 42721 (July 19, 2011).                             Assistant Commissioner, Office of
                                                  damages, and/or suspension from this                                                                          International Trade.
                                                                                                             ACE Simplified Entry: 76 FR 69755
                                                  test for any of the following:                          (November 9, 2011).                                   [FR Doc. 2015–07122 Filed 3–26–15; 8:45 am]
                                                    Failure to follow the terms and                          National Customs Automation Program                BILLING CODE P
                                                  conditions of this test.                                (NCAP) Tests Concerning Automated
                                                    Failure to exercise reasonable care in                Commercial Environment (ACE) Document
                                                  the execution of participant obligations.               Image System (DIS): 77 FR 20835 (April 6,             DEPARTMENT OF HOMELAND
                                                    Failure to abide by applicable laws                   2012).                                                SECURITY
                                                  and regulations.                                           National Customs Automation Program
                                                    Suspensions for misconduct will be                    (NCAP) Tests Concerning Automated                     U.S. Customs and Border Protection
                                                  administered by the Executive Director,                 Commercial Environment (ACE) Simplified
                                                  Trade Policy and Programs, Office of                    Entry: Modification of Participant Selection          [1651–0009]
                                                  International Trade, CBP Headquarters.                  Criteria and Application Process: 77 FR
                                                                                                          48527 (August 14, 2012).                              Agency Information Collection
                                                  A written notice proposing suspension                      Modification of NCAP Test Regarding                Activities: Customs Declaration
                                                  will be issued to the participant that                  Reconciliation for Filing Certain Post-
                                                  apprises the participant of the facts or                Importation Preferential Tariff Treatment             AGENCY:  U.S. Customs and Border
                                                  conduct warranting suspension and                       Claims under Certain FTAs: 78 FR 27984                Protection, Department of Homeland
                                                  informs the participant of the date the                 (May 13, 2013).                                       Security.
                                                  suspension will begin. Any decision                        Modification of Two National Customs               ACTION: 60-Day Notice and request for
                                                                                                          Automation Program (NCAP) Tests
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                                                  proposing suspension of a participant                                                                         comments; Extension of an existing
                                                  may be appealed in writing to the                       Concerning Automated Commercial
                                                                                                          Environment (ACE) Document Image System               collection of information.
                                                  Assistant Commissioner, Office of
                                                                                                          (DIS) and Simplified Entry (SE): 78 FR 44142
                                                  International Trade within 15 calendar                  (July 23, 2013).                                      SUMMARY:   U.S. Customs and Border
                                                  days of the notification date. An appeal                   Modification of Two National Customs               Protection (CBP) of the Department of
                                                  of a decision of proposed suspension                    Automation Program (NCAP) Tests                       Homeland Security will be submitting
                                                  must address the facts or conduct                       Concerning Automated Commercial                       the following information collection
                                                  charges contained in the notice and                     Environment (ACE) Document Image System               request to the Office of Management and


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Document Created: 2015-12-18 11:36:14
Document Modified: 2015-12-18 11:36:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGeneral notice.
DatesThe ACE Cargo Release Test modifications became effective on March 1, 2015. The ACE Cargo Release Test will continue until CBP publishes in the Federal Register an announcement of its conclusion.
ContactFor policy questions related to ACE, contact Josephine Baiamonte, Acting Director, Business Transformation, ACE Business Office, Office of International Trade, at [email protected] For policy questions related to ISF, contact Craig Clark, Program Manager, Cargo and Conveyance Security, Office of Field Operations, at [email protected] For technical questions, contact Steven Zaccaro, Client Representative Branch, ACE Business Office, Office of International Trade, at [email protected]
FR Citation80 FR 16414 

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