80 FR 46947 - International Trade Data System Test Concerning the Electronic Submission Through the Automated Commercial Environment of Notification of Importation of Fruits, Vegetables, and Specialty Crops Required by the Agricultural Marketing Service Using the Partner Government Agency Message Set

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range		46947-46949
FR Document		2015-19326

The Agricultural Marketing Service (AMS) announces a pilot test of the International Trade Data System (ITDS) involving the electronic submission of data related to importations of fruits, vegetables, and specialty crops regulated by AMS, using the Partner Government Agency (PGA) Message Set component of the Automated Commercial Environment (ACE). The submission of this information is required under Sec. 608e (section 8e) of the Agricultural Marketing Agreement Act of 1937. The pilot program will test the electronic transmission of AMS data through the U.S. Customs and Border Protection's (CBP's) Automated Commercial Environment (ACE) program known as the Partner Government Agency (PGA) Message Set. This data will be transmitted for review by AMS' Compliance and Enforcement Management System (CEMS). CBP's PGA Message Set enables importers and brokers to electronically transmit data required by AMS directly to ACE. This electronic process will replace the paper-based process currently used. This notice also invites importers and brokers who are importing commodities subject to section 8e regulations to request participation in this AMS pilot and invites public comment on any aspects of the pilot.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)

[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46947-46949]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-19326]

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Notices
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.

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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 /
Notices

[[Page 46947]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-15-0019; FV15-944/980/999-2]

International Trade Data System Test Concerning the Electronic
Submission Through the Automated Commercial Environment of Notification
of Importation of Fruits, Vegetables, and Specialty Crops Required by
the Agricultural Marketing Service Using the Partner Government Agency
Message Set

AGENCY: Agricultural Marketing Service, USDA.

ACTION: General notice and request for comments.

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

SUMMARY: The Agricultural Marketing Service (AMS) announces a pilot
test of the International Trade Data System (ITDS) involving the
electronic submission of data related to importations of fruits,
vegetables, and specialty crops regulated by AMS, using the Partner
Government Agency (PGA) Message Set component of the Automated
Commercial Environment (ACE). The submission of this information is
required under Sec. 608e (section 8e) of the Agricultural Marketing
Agreement Act of 1937. The pilot program will test the electronic
transmission of AMS data through the U.S. Customs and Border
Protection's (CBP's) Automated Commercial Environment (ACE) program
known as the Partner Government Agency (PGA) Message Set. This data
will be transmitted for review by AMS' Compliance and Enforcement
Management System (CEMS). CBP's PGA Message Set enables importers and
brokers to electronically transmit data required by AMS directly to
ACE. This electronic process will replace the paper-based process
currently used. This notice also invites importers and brokers who are
importing commodities subject to section 8e regulations to request
participation in this AMS pilot and invites public comment on any
aspects of the pilot.

DATES: The test will commence no earlier than July 13, 2015, and will
continue until concluded by publication of a notice in the Federal
Register ending the test. Any party seeking to participate in the AMS
PGA Message Set test should contact their CBP client representative.
Interested parties without an assigned CBP client representative should
submit an email to Richard Lower at Richard.Lower@ams.usda.gov with the
subject heading ``AMS PGA Message Set Test FRN-Request to
Participate.'' Interested parties may submit comments about the pilot
at any time as explained in the ADDRESSES section below.

ADDRESSES: Interested parties without an assigned CBP client
representative should submit an email to Richard Lower at
Richard.Lower@ams.usda.gov with the subject heading ``AMS PGA Message
Set Test FRN-Request to Participate.''
Comments about the pilot should be made to either the Docket Clerk,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or on the Internet at http://www.regulations.gov. All comments should reference the document number
and the date and page number of this issue of the Federal Register and
will be made available for public inspection in the Office of the
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted will be made available to
the public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.

FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and
Enforcement Specialist, Marketing Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202)
720-8938; Email: Richard.Lower@ams.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

International Trade Data System (ITDS)

This test is in furtherance of the ITDS, which is statutorily
authorized by section 405 of the Security and Accountability for Every
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as
defined by section 4 of the SAFE Port Act of 2006, is to eliminate
redundant information filing requirements, efficiently regulate the
flow of commerce, and effectively enforce laws and regulations relating
to international trade, by establishing a single portal system,
operated by CBP, for the collection and distribution of standard
electronic import and export data required by all participating Federal
agencies.
The pilot program announced in this notice also supports Executive
Order 13659, Streamlining the Export/Import Process for America's
Businesses, signed by President Obama on February 19, 2014, which is a
key White House economic initiative that has been under development for
over ten years and is mandated for completion by December 31, 2016.
Under ITDS, importers and exporters will file commodity and
transportation data through an electronic ``single window,'' instead of
completing multiple paper-based forms to report the same information to
different government agencies. ITDS will greatly reduce the burden on
America's international trade community while still providing
information necessary to ensure compliance with U.S. law.
By the end of 2016, the ITDS ``single window'' will be presented to
the import and export trade through CBP's Automated Commercial
Environment (ACE). ACE is an automated and electronic system for
processing commercial trade data that is intended to streamline
business processes, facilitate growth in trade, ensure cargo security,
and foster participation in global commerce, while ensuring compliance
with U.S. laws and regulations and reducing costs for CBP and all of
its communities of interest. ACE will be the primary system through
which the global trade community will file information about imports
and exports so that admissibility into the United States may be
determined and government agencies, including AMS, may ensure
compliance.

[[Page 46948]]

Partner Government Agency Message Set

The PGA Message Set is the data needed to satisfy the PGA reporting
requirements. ACE enables the message set by acting as the ``single
window'' for the submission of trade-related data required by the PGAs
only once to CBP. This data must be submitted prior to the arrival of
the merchandise on the conveyance transporting the cargo to the United
States as part of an ACE Entry/Cargo Release or Entry Summary. The data
will be validated and made available to the relevant PGAs involved in
import, export, and transportation-related decision making. The data
will be used to fulfill merchandise entry and entry summary
requirements and will allow for earlier release decisions and more
certainty for the importer in determining the logistics of cargo
delivery. Also, by virtue of being electronic, the PGA Message Set will
eliminate the necessity for the submission and subsequent handling of
paper documents. All PGA Message Set participants are required to use a
software program that has completed ACE certification testing for the
PGA Message Set.
Further details about the AMS PGA Message Set being tested in this
pilot program are provided below in the PGA Message Set/ACE Filing
section.

Compliance and Enforcement Management System (CEMS)

In support of ITDS and the use of CBP's PGA Message Sets, AMS'
Marketing Order and Agreement Division (MOAD) is developing a new
automated system called the Compliance and Enforcement Management
System (CEMS) that will replace and automate many of the systems MOAD
has used in the past to ensure compliance with import and export
regulations. CEMS will electronically link with the CBP ACE platform to
create a ``pipeline'' through which data will be transmitted between
CBP and MOAD. In this pilot, ACE will transmit PGA Message Set data to
AMS via CEMS, which will streamline processes by eliminating the use of
existing paper-based systems and expediting the conditional release of
shipments for the purpose of inspection, prior to final release into
the commerce of the United States.

Inspection Requirements for Imported Commodities

Section 8e of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674) (AMAA), provides that whenever certain
commodities are regulated under Federal marketing orders, imports of
those commodities into the United States are prohibited unless they
meet the same or comparable grade, size, quality, and/or maturity
requirements as those in effect for the domestically produced
commodities. The AMAA also authorizes AMS to perform inspections on
those imported commodities and certify whether these requirements have
been met. Parts 944, 980, and 999 of title 7 of the Code of Federal
Regulations contain the grade, size, quality, and/or maturity
requirements for fruits, vegetables, and specialty crops that are
subject to section 8e regulations.
Prior to the entry of imported commodities that are subject to
section 8e regulations, as listed on CBP Directive No. 3250-007B,
importers are required to notify AMS inspection service personnel at
the port of entry of the arrival of said commodities.

Current Paper-based Notification of Entry (``Stamp and Fax'')

As noted above, an importer of a commodity listed on CBP Directive
No. 3250-007B must now present AMS inspection service personnel who are
stationed at the port of entry with a paper form that notifies AMS of
the incoming shipment and to request conditional release of the
shipment from the port for inspection at another location. The paper
form presented to AMS may be a CBP Form 3461 (Entry/Immediate Release),
CBP Form 7501 (Entry Summary), or an invoice for the shipment. This
paper-based process is commonly known in the trade, at CBP, and at AMS
as the ``stamp and fax'' procedure.
Upon receipt of the paper form, AMS personnel determine whether an
inspection is required (there may be situations when an import
commodity is listed on CBP Directive 3250-007B, but it may be exempt
from section 8e regulations and inspection; for example, some varieties
of a commodity are exempt, or the regulations are not in effect during
certain times of the year).
If inspection is not required, AMS personnel affix a stamp to the
paper form indicating that the product is not subject to section 8e
regulations. When inspection is required, AMS personnel affix a
different stamp to the paper form, indicating the product is subject to
section 8e regulations and will require AMS inspection at a location
other than the port of entry, shortly after CBP conditionally releases
the shipment. AMS returns the form to the importer via fax, and the
importer presents the stamped form to CBP.
Once the shipment arrives at the inspection destination, the
importer must contact AMS to arrange for inspection of the product,
which must be certified as meeting section 8e requirements before final
release into the commerce of the United States.

PGA Message Set/ACE Filing

Under ITDS, the paper-based ``stamp and fax'' procedure described
above is being replaced by an electronic process that will enable
importers to transmit data required by AMS to CBP's ACE system using a
PGA Message Set. This PGA Message Set contains data elements that
correspond to information on AMS' form FV-357 (Notification of Entry,
8e Products and Fresh Fruits, Vegetables, Nuts and Specialty Crops).
The use of the PGA Message Set will enable importers and brokers to
enter information required by AMS directly into ACE, and ACE's
integration with MOAD's CEMS will simplify and expedite the process of
determining whether regulated products are admissible.
ACE will analyze the PGA Message Set data entered by an importer or
broker to determine if inspection of a shipment is required and will
transmit the data to MOAD's CEMS. For those shipments that will require
inspection, CEMS will automatically provide shipment information via
email to the appropriate AMS inspection office. The data in ACE will
also enable CBP to make the determination that a shipment may be
conditionally released for inspection.
Once a shipment has arrived at the location where inspection will
occur, the importer will contact the AMS inspection office to finalize
arrangements for inspection.

Pilot Program Details

AMS will initially conduct the pilot at certain ports of entry.
Participants should consult the following Web site to determine which
ports are operational for the test and the date that they become
operational: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
This initial pilot may also be expanded to include additional AMS
PGA Message Sets, some of which have Document Imaging System (DIS)
components. DIS allows participants to transmit required PGA data to
ACE through the use of electronic copies of AMS forms. For information
regarding the use of DIS and a list of PGA forms and documents that may
be transmitted to ACE using DIS, please see http://www.cbp.gov/trade/ace/features.

[[Page 46949]]

Importers and brokers who participate in this pilot will transmit
PGA Message Set data to ACE using the electronic data interchange known
as the Automated Broker Interface, or ABI. The AMS data is required to
determine whether inspection of the shipment is required, to send an
email notification to AMS inspection offices about those shipments that
will require inspection, and to provide CBP with information to
determine whether to conditionally release the merchandise. The
transmission of this PGA Message Set data will be done in lieu of
importers and brokers filing CBP Forms 3461 and 7501 or a shipment
invoice to AMS inspection service personnel at the port of entry prior
to the arrival of shipments. AMS anticipates that this pilot program
will help prepare for a successful transition from the paper-based
``stamp and fax'' process to the electronic entry and transmission of
data to ACE/CEMS.
The data elements in the PGA Message Set are generally those found
on the AMS Specialty Crops Inspection (SCI) Division form FV-357
(Notification of Entry, 8e Products and Fresh Fruits, Vegetables, Nuts
and Specialty Crops). These data elements are set forth in the Customs
and Trade Automated Interface Requirements (CATAIR) guidelines for AMS,
which can be found at the following Internet link: http://www.cbp.gov/sites/default/files/documents/AMS%20CATAIR%20Guidelines%20MARCH%202015.pdf.

Pilot Program Participant Responsibilities

Importers and brokers who participate in this PGA Message Set pilot
will be required to:
File, when applicable, data elements contained in AMS form
FV-357 for fruits, vegetables, and specialty crops listed in CBP
Directive No. 3250-0078 and regulated under section 8e of the AMAA. All
modes of transportation will be included in this pilot;
Include PGA Message Set import filings only as part of an
ACE Entry Summary certified for cargo release;
Use a software program that has completed ACE
certification testing for the PGA Message Set;
Transmit import filings to CBP via ACE in response to a
request for documentation or in response to a request for release
information for certified ACE Entry Summaries; and
Only transmit information to CBP that has been requested
by CBP or AMS.

Waiver of Requirements and Regulation Under the Pilot Program

For purposes of this pilot program, requirements under CBP
Directive No. 3250-007B, Section 5.2 (``Stamp and Fax procedure''),
will be waived for participants only insofar as eliminating the
requirement to present paper CBP Forms 3461 or 7501 or invoices and
instead requiring the electronic submission of data elements generally
contained in AMS form FV-357.
This notice does not waive any other requirements under CBP
Directive No. 3250-007B nor does it waive any requirements under
section 8e of the AMAA (7 U.S.C. 601-674, Sec. 608e) or under parts
944, 980, and 999 of title 7 of the Code of Federal Regulations (7 CFR
944, 7 CFR 980, and 7 CFR 999), which contain the section 8e import
regulations for fruits, vegetables, and specialty crops, respectively.

Misconduct Under the Test

A test participant may be subject to fines, civil penalties, and/or
administrative sanctions as provided under the AMAA and/or may be
removed from participation in the pilot for failing to follow the terms
and conditions of this pilot or for failing to abide by applicable laws
and regulations that have not been waived by this notice.

Pilot Program Participant Eligibility and Application

AMS is initiating the pilot at certain ports as indicated on the
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. AMS may expand the pilot to include other
U.S. ports and, therefore, invites importers and brokers at any U.S.
port to request to participate in the pilot. To be eligible to apply
for and participate in the pilot, an applicant must:
Be a self-filing importer or broker who has the ability to
file ACE Entry Summaries certified for cargo release; and
File entries for AMS commodities that are the subject of
this pilot.
Any party seeking to participate in the AMS PGA Message Set test
should contact their CBP client representative. Interested parties
without an assigned CBP client representative should submit an email to
Richard Lower at Richard.Lower@ams.usda.gov with the subject heading
``AMS PGA Message Set Test FRN--Request to Participate.''
AMS will accept and consider requests to participate in the pilot
starting on the date of this publication and will accept requests to
participate for the duration of the test. AMS will notify the selected
parties by email of their selection and the starting date of their
participation (selected participants may have different starting
dates). Any applicant who provides incomplete information or otherwise
does not meet participation requirements will be notified by email and
given an opportunity to resubmit a request to participate.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the PGA Message Set data that will be collected in this
pilot has been previously submitted by AMS for OMB approval as a new
information collection under OMB No. 0581-NEW. The new information
collection (FV-NEW, ``Notification of Entry, 8e Products and Fresh
Fruits, Vegetables, Nuts and Specialty Crops'') contains data elements
that will be collected by CBP in ACE through the use of the PGA Message
Set being tested in this pilot. The use of the PGA Message Set will
enable importers and brokers to enter information required by AMS
directly into ACE, and ACE's integration with MOAD's CEMS will simplify
and expedite the process of conditionally releasing shipments for
inspection. Upon approval of this new information collection by OMB, a
request will be made to merge the new form with the forms currently
approved for use under OMB No. 0581-0125, ``Regulations Governing
Inspection Certification of Fresh and Processed Fruits, Vegetables, and
Other Products.''
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.

Dated:
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-19326 Filed 8-5-15; 8:45 am]
BILLING CODE P

46947

Notices Federal Register
Vol. 80, No. 151

Thursday, August 6, 2015

This section of the FEDERAL REGISTER subject to section 8e regulations to Background
contains documents other than rules or request participation in this AMS pilot
proposed rules that are applicable to the International Trade Data System (ITDS)
and invites public comment on any
public. Notices of hearings and investigations, aspects of the pilot. This test is in furtherance of the ITDS,
committee meetings, agency decisions and which is statutorily authorized by
rulings, delegations of authority, filing of DATES: The test will commence no
earlier than July 13, 2015, and will section 405 of the Security and
petitions and applications and agency
statements of organization and functions are continue until concluded by publication Accountability for Every (SAFE) Port
examples of documents appearing in this of a notice in the Federal Register Act of 2006, Public Law 109–347. The
section. ending the test. Any party seeking to purpose of ITDS, as defined by section
participate in the AMS PGA Message 4 of the SAFE Port Act of 2006, is to
Set test should contact their CBP client eliminate redundant information filing
DEPARTMENT OF AGRICULTURE representative. Interested parties requirements, efficiently regulate the
without an assigned CBP client flow of commerce, and effectively
Agricultural Marketing Service representative should submit an email enforce laws and regulations relating to
[Doc. No. AMS–FV–15–0019; FV15–944/980/ to Richard Lower at Richard.Lower@ international trade, by establishing a
999–2] ams.usda.gov with the subject heading single portal system, operated by CBP,
‘‘AMS PGA Message Set Test FRN- for the collection and distribution of
International Trade Data System Test Request to Participate.’’ Interested standard electronic import and export
Concerning the Electronic Submission parties may submit comments about the data required by all participating
Through the Automated Commercial pilot at any time as explained in the Federal agencies.
Environment of Notification of ADDRESSES section below. The pilot program announced in this
Importation of Fruits, Vegetables, and notice also supports Executive Order
ADDRESSES: Interested parties without
Specialty Crops Required by the 13659, Streamlining the Export/Import
Agricultural Marketing Service Using an assigned CBP client representative
should submit an email to Richard Process for America’s Businesses,
the Partner Government Agency signed by President Obama on February
Message Set Lower at Richard.Lower@ams.usda.gov
with the subject heading ‘‘AMS PGA 19, 2014, which is a key White House
AGENCY: Agricultural Marketing Service, Message Set Test FRN-Request to economic initiative that has been under
USDA. Participate.’’ development for over ten years and is
Comments about the pilot should be mandated for completion by December
ACTION: General notice and request for
made to either the Docket Clerk, 31, 2016. Under ITDS, importers and
comments.
Marketing Order and Agreement exporters will file commodity and
SUMMARY: The Agricultural Marketing Division, Fruit and Vegetable Program, transportation data through an
Service (AMS) announces a pilot test of AMS, USDA, 1400 Independence electronic ‘‘single window,’’ instead of
the International Trade Data System Avenue SW., STOP 0237, Washington, completing multiple paper-based forms
(ITDS) involving the electronic DC 20250–0237; Fax: (202) 720–8938; or to report the same information to
submission of data related to on the Internet at http:// different government agencies. ITDS
importations of fruits, vegetables, and www.regulations.gov. All comments will greatly reduce the burden on
specialty crops regulated by AMS, using should reference the document number America’s international trade
the Partner Government Agency (PGA) and the date and page number of this community while still providing
Message Set component of the issue of the Federal Register and will be information necessary to ensure
Automated Commercial Environment made available for public inspection in compliance with U.S. law.
(ACE). The submission of this the Office of the Docket Clerk during By the end of 2016, the ITDS ‘‘single
information is required under § 608e regular business hours, or can be viewed window’’ will be presented to the
(section 8e) of the Agricultural at: http://www.regulations.gov. All import and export trade through CBP’s
Marketing Agreement Act of 1937. The comments submitted will be made Automated Commercial Environment
pilot program will test the electronic available to the public. Please be (ACE). ACE is an automated and
transmission of AMS data through the advised that the identity of the electronic system for processing
U.S. Customs and Border Protection’s individuals or entities submitting the commercial trade data that is intended
(CBP’s) Automated Commercial comments will be made public on the to streamline business processes,
Environment (ACE) program known as Internet at the address provided above. facilitate growth in trade, ensure cargo
the Partner Government Agency (PGA) security, and foster participation in
FOR FURTHER INFORMATION CONTACT:
Message Set. This data will be global commerce, while ensuring
transmitted for review by AMS’ Richard Lower, Senior Compliance and compliance with U.S. laws and
Compliance and Enforcement Enforcement Specialist, Marketing regulations and reducing costs for CBP
Management System (CEMS). CBP’s Order and Agreement Division, Fruit and all of its communities of interest.
and Vegetable Program, AMS, USDA,
tkelley on DSK3SPTVN1PROD with NOTICES

PGA Message Set enables importers and ACE will be the primary system through
brokers to electronically transmit data 1400 Independence Avenue SW., STOP which the global trade community will
required by AMS directly to ACE. This 0237, Washington, DC 20250–0237; file information about imports and
electronic process will replace the Telephone: (202) 720–2491, Fax: (202) exports so that admissibility into the
paper-based process currently used. 720–8938; Email: Richard.Lower@ United States may be determined and
This notice also invites importers and ams.usda.gov. government agencies, including AMS,
brokers who are importing commodities SUPPLEMENTARY INFORMATION: may ensure compliance.

VerDate Sep<11>2014 17:50 Aug 05, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1

46948 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

Partner Government Agency Message commodities are regulated under Once the shipment arrives at the
Set Federal marketing orders, imports of inspection destination, the importer
The PGA Message Set is the data those commodities into the United must contact AMS to arrange for
needed to satisfy the PGA reporting States are prohibited unless they meet inspection of the product, which must
requirements. ACE enables the message the same or comparable grade, size, be certified as meeting section 8e
set by acting as the ‘‘single window’’ for quality, and/or maturity requirements as requirements before final release into
the submission of trade-related data those in effect for the domestically the commerce of the United States.
required by the PGAs only once to CBP. produced commodities. The AMAA also
PGA Message Set/ACE Filing
This data must be submitted prior to the authorizes AMS to perform inspections
arrival of the merchandise on the on those imported commodities and Under ITDS, the paper-based ‘‘stamp
conveyance transporting the cargo to the certify whether these requirements have and fax’’ procedure described above is
United States as part of an ACE Entry/ been met. Parts 944, 980, and 999 of title being replaced by an electronic process
Cargo Release or Entry Summary. The 7 of the Code of Federal Regulations that will enable importers to transmit
data will be validated and made contain the grade, size, quality, and/or data required by AMS to CBP’s ACE
available to the relevant PGAs involved maturity requirements for fruits, system using a PGA Message Set. This
in import, export, and transportation- vegetables, and specialty crops that are PGA Message Set contains data
related decision making. The data will subject to section 8e regulations. elements that correspond to information
be used to fulfill merchandise entry and Prior to the entry of imported on AMS’ form FV–357 (Notification of
entry summary requirements and will commodities that are subject to section Entry, 8e Products and Fresh Fruits,
allow for earlier release decisions and 8e regulations, as listed on CBP Vegetables, Nuts and Specialty Crops).
more certainty for the importer in Directive No. 3250–007B, importers are The use of the PGA Message Set will
determining the logistics of cargo required to notify AMS inspection enable importers and brokers to enter
delivery. Also, by virtue of being service personnel at the port of entry of information required by AMS directly
electronic, the PGA Message Set will the arrival of said commodities. into ACE, and ACE’s integration with
eliminate the necessity for the MOAD’s CEMS will simplify and
Current Paper-based Notification of expedite the process of determining
submission and subsequent handling of Entry (‘‘Stamp and Fax’’)
paper documents. All PGA Message Set whether regulated products are
participants are required to use a As noted above, an importer of a admissible.
software program that has completed commodity listed on CBP Directive No. ACE will analyze the PGA Message
ACE certification testing for the PGA 3250–007B must now present AMS Set data entered by an importer or
Message Set. inspection service personnel who are broker to determine if inspection of a
Further details about the AMS PGA stationed at the port of entry with a shipment is required and will transmit
Message Set being tested in this pilot paper form that notifies AMS of the the data to MOAD’s CEMS. For those
program are provided below in the PGA incoming shipment and to request shipments that will require inspection,
Message Set/ACE Filing section. conditional release of the shipment from CEMS will automatically provide
the port for inspection at another shipment information via email to the
Compliance and Enforcement location. The paper form presented to appropriate AMS inspection office. The
Management System (CEMS) AMS may be a CBP Form 3461 (Entry/ data in ACE will also enable CBP to
In support of ITDS and the use of Immediate Release), CBP Form 7501 make the determination that a shipment
CBP’s PGA Message Sets, AMS’ (Entry Summary), or an invoice for the may be conditionally released for
Marketing Order and Agreement shipment. This paper-based process is inspection.
Division (MOAD) is developing a new commonly known in the trade, at CBP, Once a shipment has arrived at the
automated system called the and at AMS as the ‘‘stamp and fax’’ location where inspection will occur,
Compliance and Enforcement procedure. the importer will contact the AMS
Management System (CEMS) that will Upon receipt of the paper form, AMS inspection office to finalize
replace and automate many of the personnel determine whether an arrangements for inspection.
systems MOAD has used in the past to inspection is required (there may be
Pilot Program Details
ensure compliance with import and situations when an import commodity is
export regulations. CEMS will listed on CBP Directive 3250–007B, but AMS will initially conduct the pilot at
electronically link with the CBP ACE it may be exempt from section 8e certain ports of entry. Participants
platform to create a ‘‘pipeline’’ through regulations and inspection; for example, should consult the following Web site to
which data will be transmitted between some varieties of a commodity are determine which ports are operational
CBP and MOAD. In this pilot, ACE will exempt, or the regulations are not in for the test and the date that they
transmit PGA Message Set data to AMS effect during certain times of the year). become operational: http://
via CEMS, which will streamline If inspection is not required, AMS www.cbp.gov/document/guidance/list-
processes by eliminating the use of personnel affix a stamp to the paper aceitds-pga-message-set-pilot-ports.
existing paper-based systems and form indicating that the product is not This initial pilot may also be
expediting the conditional release of subject to section 8e regulations. When expanded to include additional AMS
shipments for the purpose of inspection, inspection is required, AMS personnel PGA Message Sets, some of which have
prior to final release into the commerce affix a different stamp to the paper form, Document Imaging System (DIS)
of the United States. indicating the product is subject to components. DIS allows participants to
tkelley on DSK3SPTVN1PROD with NOTICES

section 8e regulations and will require transmit required PGA data to ACE
Inspection Requirements for Imported AMS inspection at a location other than through the use of electronic copies of
Commodities the port of entry, shortly after CBP AMS forms. For information regarding
Section 8e of the Agricultural conditionally releases the shipment. the use of DIS and a list of PGA forms
Marketing Agreement Act of 1937, as AMS returns the form to the importer and documents that may be transmitted
amended (7 U.S.C. 601–674) (AMAA), via fax, and the importer presents the to ACE using DIS, please see http://
provides that whenever certain stamped form to CBP. www.cbp.gov/trade/ace/features.

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Document Created: 2018-02-23 10:55:50
Document Modified: 2018-02-23 10:55:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		General notice and request for comments.
Dates		The test will commence no earlier than July 13, 2015, and will continue until concluded by publication of a notice in the Federal Register ending the test. Any party seeking to participate in the AMS PGA Message Set test should contact their CBP client representative. Interested parties without an assigned CBP client representative should submit an email to Richard Lower at [email protected] with the subject heading ``AMS PGA Message Set Test FRN-Request to Participate.'' Interested parties may submit comments about the pilot
Contact		Richard Lower, Senior Compliance and Enforcement Specialist, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938; Email: [email protected]
FR Citation		80 FR 46947

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 80, Issue 151 (August 6, 2015)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service