81 FR 30320 - Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Certain Electronic Entry and Entry Summary Filings Accompanied by Food and Drug Administration (FDA) Data
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 81, Issue 94 (May 16, 2016)
U.S. Customs and Border Protection
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30320-30322 | |
| FR Document | 2016-11479 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Notices] [Pages 30320-30322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11479] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Certain Electronic Entry and Entry Summary Filings Accompanied by Food and Drug Administration (FDA) Data AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. ----------------------------------------------------------------------- SUMMARY: This document announces that the Automated Commercial Environment (ACE) will be the sole electronic data interchange (EDI) system authorized by the Commissioner of U.S. Customs and Border Protection (CBP) for processing electronic entries and entry summaries associated with the entry types specified in this notice, for merchandise that is subject to the import requirements of the Food and Drug Administration (FDA). This document also announces that the Automated Commercial System (ACS) will no longer be a CBP-authorized EDI system for purposes of processing these electronic filings. DATES: Effective June 15, 2016: ACE will be the sole CBP-authorized EDI system for electronic entry and entry summary filings for merchandise subject to the import requirements of the FDA, [[Page 30321]] associated with the following entry types: 01 (consumption), 03 (consumption--antidumping/countervailing duty), 06 (consumption-- Foreign Trade Zone (FTZ)), 11 (informal), 23 (temporary importation under bond), 51 (Defense Contract Administration Service Region), and 52 (government--dutiable). FOR FURTHER INFORMATION CONTACT: Questions related to this notice may be emailed to [email protected] with the subject line identifier reading ``ACS to ACE--FDA transition''. SUPPLEMENTARY INFORMATION: Background Statutory Authority Section 484 of the Tariff Act of 1930, as amended (19 U.S.C. 1484), establishes the requirement for importers of record to make entry for merchandise to be imported into the customs territory of the United States. Customs entry information is used by U.S. Customs and Border Protection (CBP) and Partner Government Agencies (PGAs) to determine whether merchandise may be released from CBP custody. Importers of record are also obligated to complete the entry by filing an entry summary declaring the value, classification, rate of duty applicable to the merchandise and such other information as is necessary for CBP to properly assess duties, collect accurate statistics and determine whether any other applicable requirement of law is met. The customs entry requirements were amended by Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103- 182, 107 Stat. 2057, December 8, 1993), commonly known as the Customs Modernization Act, or Mod Act. In particular, section 637 of the Mod Act amended section 484(a)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(1)(A)) by revising the requirement to make and complete customs entry by submitting documentation to CBP to allow, in the alternative, the electronic transmission of such entry information pursuant to a CBP-authorized electronic data interchange (EDI) system. CBP created the Automated Commercial System (ACS) to track, control, and process all commercial goods imported into the United States. CBP established the specific requirements and procedures for the electronic filing of entry and entry summary data for imported merchandise through the Automated Broker Interface (ABI) to ACS. Transition From ACS to ACE In an effort to modernize the business processes essential to securing U.S. borders, facilitating the flow of legitimate shipments, and targeting illicit goods pursuant to the Mod Act and the Security and Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-347, 120 Stat. 1884), CBP developed the Automated Commercial Environment (ACE) to eventually replace ACS as the CBP-authorized EDI system. Over the last several years, CBP has tested ACE and provided significant public outreach to ensure that the trade community is fully aware of the transition from ACS to ACE. On February 19, 2014, President Obama issued Executive Order (E.O.) 13659, Streamlining the Export/Import Process for America's Businesses, in order to reduce supply chain barriers to commerce while continuing to protect our national security, public health and safety, the environment, and natural resources. See 79 FR 10657 (February 25, 2014). Pursuant to E.O. 13659, a deadline of December 31, 2016, was established for participating Federal agencies to have capabilities, agreements, and other requirements in place to utilize the International Trade Data System (ITDS) and supporting systems, such as ACE, as the primary means of receiving from users the standard set of data and other relevant documentation (exclusive of applications for permits, licenses, or certifications) required for the release of imported cargo and clearance of cargo for export. On October 13, 2015, CBP published an Interim Final Rule in the Federal Register (80 FR 61278) that designated ACE as a CBP-authorized EDI system. The designation of ACE as a CBP-authorized EDI system was effective November 1, 2015. In the Interim Final Rule, CBP stated that ACS would be phased out and anticipated that ACS would no longer be supported for entry and entry summary filing by the end of February 2016. Filers were encouraged to adjust their business practices so that they would be prepared when ACS was decommissioned. CBP has developed a staggered transition strategy for decommissioning ACS. The first two phases of the transition were announced in a Federal Register notice on February 29, 2016. (81 FR 10264). This notice announces the third phase of the transition. CBP will continue to monitor the FDA filing rates in ACE. Should there be a need to avoid a substantial adverse impact on trade, CBP will reassess the transition completion date for FDA filings. ACE as the Sole CBP-Authorized EDI System for the Processing of Certain Electronic Entry and Entry Summary Filings Accompanied by FDA Data This notice announces that, effective June 15, 2016, ACE will be the sole CBP-authorized EDI system for electronic entries and entry summaries for merchandise that is subject to import requirements of the Food and Drug Administration (FDA), associated with the following entry types:01--Consumption--Free and Dutiable 03--Consumption--Antidumping/Countervailing Duty 06--Consumption--Foreign Trade Zone (FTZ) 11--Informal--Free and Dutiable 23--Temporary Importation Bond (TIB) 51--Defense Contract Administration Service Region (DCASR) 52--Government--Dutiable ACS as the Sole CBP-Authorized EDI System for the Processing of Certain Electronic Entry and Entry Summary Filings Electronic entry and entry summary filings for the following entry types must continue to be filed only in ACS: 02--Consumption-- Quota/Visa 07--Consumption--Antidumping/Countervailing Duty and Quota/ Visa Combination 08--NAFTA Duty Deferral 09--Reconciliation Summary 12--Informal--Quota/Visa (other than textiles) 21--Warehouse 22--Re-Warehouse 31--Warehouse Withdrawal--Consumption 32--Warehouse Withdrawal--Quota 34--Warehouse Withdrawal--Antidumping/Countervailing Duty 38--Warehouse Withdrawal--Antidumping/Countervailing Duty & Quota/Visa Combination 41--Direct Identification Manufacturing Drawback 42--Direct Identification Unused Merchandise Drawback 43--Rejected Merchandise Drawback 44--Substitution Manufacturer Drawback 45--Substitution Unused Merchandise Drawback 46--Other Drawback 61--Immediate Transportation 62--Transportation and Exportation 63--Immediate Exportation 69--Transit (Rail only) 70--Multi-Transit (Rail only) CBP will publish a subsequent Federal Register Notice in the near future when these entry and entry summary filings will be transitioned in ACE. [[Page 30322]] Due to Low Shipment Volume, Filings for the Following Entry Types Will Not Be Automated in Either ACS or ACE 04--Appraisement 05--Vessel--Repair 24--Trade Fair 25--Permanent Exhibition 26--Warehouse--Foreign Trade Zone (FTZ) (Admission) 33--Aircraft and Vessel Supply (For Immediate Exportation) 64--Barge Movement 65--Permit to Proceed 66--Baggage Dated: May 11, 2016. R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. [FR Doc. 2016-11479 Filed 5-13-16; 8:45 am] BILLING CODE 9111-14-P
![30320 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
Psychosocial Risk and Disease Prevention DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific
Study Section. HUMAN SERVICES Review Special Emphasis Panel; Pathological
Date: June 13–14, 2016. Inflammation, Allergy and Asthma.
Time: 8:00 a.m. to 5:00 p.m. National Institutes of Health Date: June 9, 2016.
Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m.
applications. Center for Scientific Review; Notice of Agenda: To review and evaluate grant
Place: Embassy Suites at the Chevy Chase applications.
Pavilion, 4300 Military Road NW.,
Closed Meetings
Place: Residence Inn Bethesda, 7335
Washington, DC 20015. Pursuant to section 10(d) of the Wisconsin Avenue, Bethesda, MD 20814.
Contact Person: Stacey FitzSimmons, Federal Advisory Committee Act, as Contact Person: Deborah Hodge, Ph.D.,
MPH, Ph.D., Scientific Review Officer, Center Scientific Review Officer, Center for
for Scientific Review, National Institutes of
amended (5 U.S.C. App.), notice is
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3114, hereby given of the following meetings.
Health, 6701 Rockledge Drive, Room 4207,
MSC 7808, Bethesda, MD 20892, (301) 451– The meetings will be closed to the MSC 7812, Bethesda, MD 20892, (301) 435–
9956, fitzsimmonss@csr.nih.gov. public in accordance with the 1238, hodged@mail.nih.gov.
Name of Committee: Vascular and provisions set forth in sections (Catalogue of Federal Domestic Assistance
Hematology Integrated Review Group; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.306, Comparative Medicine;
Vascular Cell and Molecular Biology Study as amended. The grant applications and 93.333, Clinical Research; 93.306, 93.333,
Section. the discussions could disclose 93.337, 93.393–93.396, 93.837–93.844,
Date: June 13–14, 2016. confidential trade secrets or commercial 93.846–93.878, 93.892, 93.893, National
Time: 8:00 a.m. to 5:00 p.m. property such as patentable material, Institutes of Health, HHS)
Agenda: To review and evaluate grant
and personal information concerning Dated: May 11, 2016.
applications.
Place: The Fairmont Washington, DC, 2401 individuals associated with the grant Carolyn Baum,
M Street NW., Washington, DC 20037. applications, the disclosure of which Program Analyst, Office of Federal Advisory
Contact Person: Larry Pinkus, Ph.D., would constitute a clearly unwarranted Committee Policy.
Scientific Review Officer, Center for invasion of personal privacy. [FR Doc. 2016–11474 Filed 5–13–16; 8:45 am]
Scientific Review, National Institutes of Name of Committee: Center for Scientific BILLING CODE 4140–01–P
Health, 6701 Rockledge Drive, Room 4132, Review Special Emphasis Panel; Cellular
MSC 7802, Bethesda, MD 20892, (301) 435–
Aspects of Diabetes and Obesity.
1214, pinkusl@csr.nih.gov.
Date: June 6–7, 2016.
Name of Committee: Oncology 2— Time: 8:00 a.m. to 5:00 p.m. DEPARTMENT OF HOMELAND
Translational Clinical Integrated Review Agenda: To review and evaluate grant SECURITY
Group; Clinical Oncology Study Section. applications.
Date: June 13, 2016. Place: Lorien Hotel & Spa, 1600 King U.S. Customs and Border Protection
Time: 8:00 a.m. to 6:00 p.m. Street, Alexandria, VA 22314.
Agenda: To review and evaluate grant Contact Person: Elaine Sierra-Rivera, Ph.D., Notice Announcing the Automated
applications. Scientific Review Officer, EMNR IRG, Center Commercial Environment (ACE) as the
Place: Westgate Hotel, San Deigo, CA for Scientific Review, National Institutes of Sole CBP-Authorized Electronic Data
92101. Health, 6701 Rockledge Drive, Room 6182,
Contact Person: Malaya Chatterjee, Ph.D.,
Interchange (EDI) System for
MSC 7892, Bethesda, MD 20892, 301–435– Processing Certain Electronic Entry
Scientific Review Officer, Center for 2514, riverase@csr.nih.gov.
Scientific Review, National Institutes of and Entry Summary Filings
Health, 6701 Rockledge Drive, Room 6192, Name of Committee: Endocrinology, Accompanied by Food and Drug
MSC 7804, Bethesda, MD 20892, 301–806– Metabolism, Nutrition and Reproductive Administration (FDA) Data
2515, chatterm@csr.nih.gov. Sciences Integrated Review Group; Cellular
Aspects of Diabetes and Obesity Study AGENCY: U.S. Customs and Border
Name of Committee: Musculoskeletal, Oral Section.
and Skin Sciences Integrated Review Group; Protection, Department of Homeland
Date: June 6–7, 2016. Security.
Skeletal Muscle and Exercise Physiology Time: 8:00 a.m. to 5:00 p.m.
Study Section. Agenda: To review and evaluate grant ACTION: General notice.
Date: June 13–14, 2016. applications.
Time: 8:30 a.m. to 5:00 p.m. Place: Lorien Hotel & Spa, 1600 King SUMMARY: This document announces
Agenda: To review and evaluate grant Street, Alexandria, VA 22314. that the Automated Commercial
applications. Contact Person: Antonello Pileggi, MD, Environment (ACE) will be the sole
Place: Virginian Suites, 1500 Arlington Ph.D., Scientific Review Officer, Center for electronic data interchange (EDI) system
Boulevard, Arlington, VA 22209. Scientific Review; National Institutes of authorized by the Commissioner of U.S.
Contact Person: Richard Ingraham, Ph.D., Health, 6701 Rockledge Drive, Room 6166,
Scientific Review Officer, Center for Customs and Border Protection (CBP)
Bethesda, MD 20892–7892, (301) 402–6297, for processing electronic entries and
Scientific Review, National Institutes of pileggia@csr.nih.gov.
Health, 6701 Rockledge Drive, Room 4116, entry summaries associated with the
MSC 7814, Bethesda, MD 20892, 301–496– Name of Committee: Molecular, Cellular entry types specified in this notice, for
8551, ingrahamrh@mail.nih.gov. and Developmental Neuroscience Integrated merchandise that is subject to the
Review Group; Cellular and Molecular
(Catalogue of Federal Domestic Assistance Biology of Neurodegeneration Study Section.
import requirements of the Food and
Program Nos. 93.306, Comparative Medicine; Date: June 6–7, 2016. Drug Administration (FDA). This
93.333, Clinical Research, 93.306, 93.333, Time: 8:30 a.m. to 5:00 p.m. document also announces that the
93.337, 93.393–93.396, 93.837–93.844, Agenda: To review and evaluate grant Automated Commercial System (ACS)
asabaliauskas on DSK3SPTVN1PROD with NOTICES
93.846-93.878, 93.892, 93.893, National applications. will no longer be a CBP-authorized EDI
Institutes of Health, HHS) Place: Admiral Fell Inn, 888 South system for purposes of processing these
Dated: May 11, 2016. Broadway, Baltimore, MD 21231. electronic filings.
Natasha M. Copeland, Contact Person: Laurent Taupenot, Ph.D.,
DATES: Effective June 15, 2016: ACE will
Scientific Review Officer, Center for
Program Analyst, Office of Federal Advisory be the sole CBP-authorized EDI system
Scientific Review, National Institutes of
Committee Policy. for electronic entry and entry summary
Health, 6701 Rockledge Drive, Room 4183,
[FR Doc. 2016–11475 Filed 5–13–16; 8:45 am] MSC 7850, Bethesda, MD 20892, 301–435– filings for merchandise subject to the
BILLING CODE 4140–01–P 1203, taupenol@csr.nih.gov. import requirements of the FDA,
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![30322 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
Due to Low Shipment Volume, Filings the Matrix® G3–S60 Selectorized Dip/ offered for sale to the U.S. Government. This
for the Following Entry Types Will Not Chin Assist and the Matrix® G3–FW52 final determination concerns the country of
Be Automated in Either ACS or ACE Back Extension Bench, which may be origin of two pieces of exercise equipment.
offered to the U.S. Government under an As a U.S. importer, Johnson is a party-at-
• 04—Appraisement interest within the meaning of 19 CFR
• 05—Vessel—Repair undesignated government procurement 177.22(d)(1) and is entitled to request this
• 24—Trade Fair contract. This final determination, HQ final determination.
• 25—Permanent Exhibition H270580, was issued under procedures
set forth at 19 CFR part 177, subpart B, FACTS:
• 26—Warehouse—Foreign Trade Zone
(FTZ) (Admission) which implements Title III of the Trade Johnson is an exercise equipment
• 33—Aircraft and Vessel Supply (For Agreements Act of 1979, as amended manufacturer based in Cottage Grove,
(19 U.S.C. 2511–18). In the final Wisconsin. It is a wholly-owned subsidiary
Immediate Exportation)
of the Taiwanese entity Johnson Health Tech.
• 64—Barge Movement determination, CBP concluded that
Co., Ltd. (‘‘JHT’’). JHT, through its
• 65—Permit to Proceed under Scenario One, the processing in
subsidiaries, operates in Taiwan, China, and
• 66—Baggage the United States results in a substantial the United States.
transformation, whereas under Scenario The two pieces of equipment at issue are
Dated: May 11, 2016.
Two, the processing in the United States the Matrix® G3–S60 Selectorized Dip/Chin
R. Gil Kerlikowske,
does not result in a substantial Assist (‘‘G3 Dip’’) and the Matrix® G3–FW52
Commissioner, U.S. Customs and Border transformation. Therefore, the country Back Extension Bench (‘‘G3 Back
Protection.
of origin of the exercise equipment for Extension’’). The G3 Dip machine is designed
[FR Doc. 2016–11479 Filed 5–13–16; 8:45 am] purposes of U.S. Government to be used for pull-ups and triceps dips. The
BILLING CODE 9111–14–P procurement is the United States under user kneels on a counterweighted lever that
Scenario One and China under Scenario supports some of the user’s body weight
Two. during pull-up or triceps-dip exercises. This
DEPARTMENT OF HOMELAND upward pressure helps the user develop
Section 177.29, CBP Regulations (19 strength before transitioning to unassisted
SECURITY CFR 177.29), provides that a notice of pull-ups or triceps dips. The G3 Back
U.S. Customs and Border Protection final determination shall be published Extension is an adjustable bench, angled at
in the Federal Register within 60 days 45 degrees, designed to be used for lower-
Notice of Issuance of Final of the date the final determination is back exercises such as hyperextensions.
Determination Concerning Certain issued. Section 177.30, CBP Regulations In its submission, Johnson described two
Exercise Equipment (19 CFR 177.30), provides that any scenarios for assembling the exercise
party-at-interest, as defined in 19 CFR equipment in the United States. The first
AGENCY: U.S. Customs and Border 177.22(d), may seek judicial review of a scenario would apply to both the G3 Dip and
Protection, Department of Homeland final determination within 30 days of the G3 Back Extension and involves
Security. importing all component parts for the
publication of such determination in the
equipment from China and welding,
ACTION: Notice of final determination. Federal Register. painting, and assembling them in the United
SUMMARY: This document provides Dated: May 10, 2016. States. The second scenario would apply
Myles B. Harmon, only to the G3 Dip and is similar to the first
notice that U.S. Customs and Border scenario except that some of the sub-
Protection (‘‘CBP’’) has issued a final Acting Executive Director, Regulations and
Rulings, Office of Trade. assemblies would be welded together in
determination concerning the country of China. The specifics of each scenario are
origin of two pieces of exercise HQ H270580 described in greater detail below.
equipment known as the Matrix® G3–
May 10, 2016 1. Scenario One—Design, Weldments, and
S60 Selectorized Dip/Chin Assist and
Assembly in the United States
the Matrix® G3–FW52 Back Extension OT:RR:CTF:VS H270580 RMC
Bench. Based upon the facts presented, a. Design in the United States
CATEGORY: Country of Origin
CBP has concluded that the country of Johnson states that the G3 Dip and G3 Back
origin of the exercise equipment is the John A. Knab Extension will be derived from previous
United States under Scenario One and Garvey Shubert Barer PC industrial designs that were completed in the
1000 Potomac Street NW United States, although some additional U.S.
China under Scenario 2. Suite 200 industrial design may be needed to refresh
DATES: The final determination was Washington, DC 20007 the look of the equipment. In the design
issued on May 10, 2016. A copy of the Re: U.S. Government Procurement; Country process, U.S.-based engineers will use
final determination is attached. Any of Origin of Exercise Equipment; SolidWorks software to create 3D models and
party-at-interest, as defined in 19 CFR Substantial Transformation 2D drawings from computer models. Each
177.22(d), may seek judicial review of Dear Mr. Knab: unit will generally require between 100 and
this final determination no later than This is in response to your letter dated 200 2D computer drawings representing
June 15, 2016. November 3, 2015, requesting a final between 300 and 500 separate components
determination on behalf of Johnson Health and subassemblies. These 2D drawings will
FOR FURTHER INFORMATION CONTACT: Ross
Tech North America (‘‘Johnson’’) pursuant to then be used as the blueprints in the
Cunningham, Valuation and Special Subpart B of Part 177 of the U.S. Customs manufacturing process.
Programs Branch, Regulations and and Border Protection (‘‘CBP’’) Regulations
Rulings, Office of Trade (202) 325–0034. (19 CFR part 177). Under these regulations, b. Component Parts and Materials Come
asabaliauskas on DSK3SPTVN1PROD with NOTICES
which implement Title III of the Trade From China
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on May 10, 2016, Agreements Act of 1979 (‘‘TAA’’), as The G3 Dip will consist of approximately
amended (19 U.S.C. 2511 et seq.), CBP issues 500 parts all produced in China from Chinese
pursuant to subpart B of Part 177, U.S.
country of origin advisory rulings and final materials except for the cable that connects
Customs and Border Protection determinations as to whether an article is or the weights to the counterweight. This cable
Regulations (19 CFR part 177, subpart would be a product of a designated country will be procured from a U.S. supplier but is
B), CBP issued a final determination or instrumentality for the purposes of of unknown origin. The G3 Back Extension
concerning the country of origin of two granting waivers of certain ‘‘Buy American’’ will consist of approximately 200 parts all
pieces of exercise equipment known as restrictions in U.S. law or for products produced in China from Chinese materials.
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Document Created: 2016-05-14 01:17:03
Document Modified: 2016-05-14 01:17:03
| 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. | |
| Dates | Effective June 15, 2016: ACE will be the sole CBP-authorized EDI system for electronic entry and entry summary filings for merchandise subject to the import requirements of the FDA, associated with the following entry types: 01 (consumption), 03 (consumption--antidumping/countervailing duty), 06 (consumption-- Foreign Trade Zone (FTZ)), 11 (informal), 23 (temporary importation under bond), 51 (Defense Contract Administration Service Region), and 52 (government--dutiable). | |
| Contact | Questions related to this notice may be emailed to [email protected] with the subject line identifier reading ``ACS to ACE--FDA transition''. | |
| FR Citation | 81 FR 30320 |
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