81 FR 49685 - Notice Announcing the Automated Commercial Environment (ACE) Protest Module as the Sole CBP-Authorized Method for Filing Electronic Protests

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

Federal Register Volume 81, Issue 145 (July 28, 2016)

This document announces that the Automated Commercial Environment (ACE) Protest Module will be the sole method authorized by the Commissioner of U.S. Customs and Border Protection (CBP) for filing electronic protests. This document also announces that CBP will no longer accept protests filed through the Automated Broker Interface (ABI) to the Automated Commercial System (ACS). Upon the effective date of this notice, ACE will replace ACS as the electronic data interchange system authorized for protest filing.

[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49685-49686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17915]


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DEPARTMENT OF HOMELAND SECURITY

U. S. Customs and Border Protection


Notice Announcing the Automated Commercial Environment (ACE) 
Protest Module as the Sole CBP-Authorized Method for Filing Electronic 
Protests

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

ACTION: General notice.

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SUMMARY: This document announces that the Automated Commercial 
Environment (ACE) Protest Module will be the sole method authorized by 
the Commissioner of U.S. Customs and Border Protection (CBP) for filing 
electronic protests. This document also announces that CBP will no 
longer accept protests filed through the Automated Broker Interface 
(ABI) to the Automated Commercial System (ACS). Upon the effective date 
of this notice, ACE will replace ACS as the electronic data interchange 
system authorized for protest filing.

DATES: Effective August 29, 2016, the ACE Protest Module will be the 
sole CBP-authorized method for filing electronic protests.

FOR FURTHER INFORMATION CONTACT: For technical questions related to the 
ACE Protest Module, or to request an ACE Protest Account in the ACE 
Portal, contact your assigned client representative. Interested parties 
without an assigned client representative should direct their questions 
to Steven Zaccaro at [email protected] with the subject 
heading ``ACE Protest Module.''

SUPPLEMENTARY INFORMATION: 

Background

Statutory Authority

    Section 514 of the Tariff Act of 1930, as amended (19 U.S.C. 1514), 
provides that certain decisions made by CBP can be protested within 180 
days of the date of liquidation, i.e., the date on which CBP's decision 
becomes final. Section 645 of Subtitle B of 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, amended section 514(c)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1514(c)(1)) to permit the transmission of such 
protests to CBP electronically pursuant to an electronic data 
interchange system.

Current Regulations

    The CBP regulations governing protests are found in part 174 of 
Title 19 of the Code of Federal Regulations (19 CFR part 174).
    On January 14, 2011, CBP published a Final Rule in the Federal 
Register (76 FR 2573) making technical corrections to part 174 and 
related provisions in Title 19 of the Code of Federal Regulations. The 
rule amended section 174.12(b) to conform to section 514(c)(1) of the 
Tariff Act of 1930, allowing a protest to be transmitted 
electronically, using the electronic data interchange system authorized 
by CBP for that purpose.
    Currently, CBP accepts electronic protests submitted through the 
Automated Broker Interface (ABI) to the Automated Commercial System 
(ACS), the electronic data interchange system currently authorized by 
CBP for this purpose.

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. 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. CBP 
is now transitioning electronic protest filing from ACS to ACE. Upon 
the effective date of this notice, ACE will replace ACS as the 
electronic data interchange system authorized for protest filing.

ACE Protest Module as the Sole CBP-Authorized Method for the Filing of 
Electronic Protests

    This notice announces that the ACE Protest Module will be the sole 
CBP-authorized method for filing electronic protests. Filers who intend 
to submit a protest electronically must use the ACE Protest Module. The 
ACE Protest Module is an internet-based processing module which allows 
a filer to submit an electronic protest to ACE for processing by CBP. 
Protest filings will no longer be accepted in ACS. This transition has 
no effect on filers who intend to submit their protest in paper form, 
as specified in 19 CFR part 174.


[[Page 49686]]


    Dated: July 22, 2016.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2016-17915 Filed 7-27-16; 8:45 am]
BILLING CODE 9111-14-P