82 FR 38923 - Extension and Clarification of Test Program Regarding Electronic Foreign Trade Zone Admission Applications and Transition of Test From the Automated Commercial System to the Automated Commercial Environment
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 82, Issue 157 (August 16, 2017)
U.S. Customs and Border Protection
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38923-38924 | |
| FR Document | 2017-17320 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Notices] [Pages 38923-38924] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17320] [[Page 38923]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Extension and Clarification of Test Program Regarding Electronic Foreign Trade Zone Admission Applications and Transition of Test From the Automated Commercial System to the Automated Commercial Environment 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 extend a test program for submitting electronic Foreign Trade Zone (FTZ) admission applications to CBP via the Automated Broker Interface (ABI). This notice further announces a clarification regarding the data elements that are required for the submission of an FTZ admission application, as well as the transition of the test program from the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE). DATES: As of September 16, 2017, ACE will be the sole CBP-authorized electronic data interchange (EDI) system for processing electronic FTZ admission applications. The test will continue until concluded by way of announcement in the Federal Register. Comments concerning this notice and any aspect of the prototype may be submitted at any time during the test period. ADDRESSES: Written comments regarding this notice may be submitted via email to Lydia Jackson at [email protected], or via mail to the Cargo Control Branch, Office of Field Operations, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Room 5.2C, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: For operational questions, contact Lydia Jackson, Cargo & Conveyance Security, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected]. For technical questions, contact Tonya Perez, Cargo Systems Program Directorate, Office of Information and Technology, U.S. Customs and Border Protection, via email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. Electronic Foreign Trade Zone Admission Application Test Program: Planned Component of the National Customs Automation Program The National Customs Automation Program (NCAP) was established in Subtitle B of Title VI--Customs Modernization (``Customs Modernization Act''), North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057, Dec. 8, 1993) (19 U.S.C. 1411). Section 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides for the testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March 6, 1995). On August 19, 2005, U.S. Customs and Border Protection (CBP) announced a test regarding the submission of an electronic version of CBP Form 214 (``Application for Foreign-Trade Zone Admission and/or Status Designation'') via the Automated Broker Interface (ABI) to the Automated Commercial System (ACS), which was published in the Federal Register (70 FR 48774). The electronic Foreign Trade Zone (FTZ) admission application prototype is currently being tested in ACS in accordance with 19 CFR 101.9(b). The test program initially allowed for electronic FTZ admission applications for merchandise reported to CBP via air, sea, and rail manifest. Since 2006, the option of submitting admission applications for merchandise reported to CBP via truck manifest has been available as well. The notice described the test program in detail, identified the regulatory provisions suspended for the test, and set forth the test commencement date as no earlier than September 30, 2005, with a test period of approximately 6 months. The test notice also set forth the prototype procedures and listed the required data elements which must be provided to CBP when filing an FTZ admission application. Participants were required to participate in an evaluation of this test to take place at the end of the 6-month period. Due to low participation in the test program and insufficient data collected, CBP announced on March 26, 2007 in the Federal Register (72 FR 14128) that the test should be run again. The new test program was intended to encourage greater participation by the trade and thereby provide more meaningful data to CBP to assess the feasibility of implementing the test program on a permanent basis. A final evaluation was to take place at the end of the test period. B. Transition Into the Automated Commercial Environment (ACE) ACE, the planned successor to ACS, is an automated and electronic system for processing commercial trade data which 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. The ability to meet these objectives depends on successfully modernizing CBP's business functions and the information technology that supports those functions. ABI enables members of the trade community to file electronically required import data with CBP and transfers that data to ACE. 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 October 13, 2015, CBP published an Interim Final Rule in the Federal Register (80 FR 61278) that designated ACE as a CBP-authorized electronic data interchange (EDI) system, to be 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 phase of the transition was announced in a Federal Register notice published on February 29, 2016 (81 FR 10264). The second phase was announced in a Federal Register notice published on May 16, 2016 (81 FR 30320). The third phase of the transition was announced in a Federal Register notice published on May 23, 2016 (81 FR 32339). This notice announces a further transition as CBP is transitioning the FTZ admission application test from ACS to ACE. II. Test Modifications and Transition Into ACE This test notice announces the transition of the test program from ACS to ACE, a clarification regarding data elements that are required, and the extension of the duration of the test program. Each change is discussed separately below. Except to the extent expressly announced or modified by this document, all aspects, rules, terms, requirements, obligations and conditions announced in previous [[Page 38924]] notices regarding the test remain in effect. A. Mandatory Use of ACE for Electronic Filing of FTZ Admission Applications This document announces that beginning on September 16, 2017, all test participants must file electronic FTZ admission applications in ACE. All other filers will continue to submit FTZ admission applications to CBP on paper. As of September 16, 2017, ACS is decommissioned for the electronic filing of these applications. B. Clarification This document announces a clarification to the notice published in the Federal Register on August 19, 2005. The list of data elements which test participants must provide CBP when filing an electronic FTZ admission application contained in that notice inadvertently failed to include the data element ``Zone ID'' which replaced the ``Zone Number and Location (Address)'' requirement on the paper CBP Form 214 (Question 1). This notice clarifies that the list of data elements required for the electronic FTZ admission application must include the ``Zone ID''. Test participants have been submitting this data element since the inception of the test program. Further, this document reminds test participants that they must provide the data elements ``Steel Import License Number'' and ``Kimberley Process Certificate Number'' to CBP, as applicable, when filing an electronic FTZ admission application, as required by CSMS message (CSMS #14-000641) dated December 15, 2014. Under 19 CFR 12.145 and 360.101(c), the steel import license number needs to be provided on CBP Form 214 at the time of filing under 19 CFR part 146, in the case of merchandise admitted into an FTZ. The Kimberley Process Certificate must be presented in connection with an importation of rough diamonds into an FTZ and exportation out of an FTZ if demanded by a CBP official according to 31 CFR 592.404 and 592.301. Pursuant to 31 CFR 592.301 Note 3, when making entry of a shipment of rough diamonds via ABI, the customs broker, importer or filer must submit the unique identifying number of the Kimberley Process Certificate accompanying the shipment. C. Extension of Program The test has been running continuously since March 26, 2007. CBP announces in this notice that it is extending the test until a decision is reached to implement the program on a permanent basis and/or to conclude the test. The new test program is intended to encourage greater participation in the test program by the trade and thereby provide CBP with more meaningful data by which to assess the feasibility of implementing the program on a permanent basis. CBP will inform the public of its decision to conclude the test program, and if the test program was successful, to implement it on a permanent basis, by way of announcement in the Federal Register. Dated: August 10, 2017. Todd C. Owen, Executive Assistant Commissioner, Office of Field Operations. [FR Doc. 2017-17320 Filed 8-15-17; 8:45 am] BILLING CODE 9111-14-P
![38924 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
notices regarding the test remain in to encourage greater participation in the SUPPLEMENTARY INFORMATION: On August
effect. test program by the trade and thereby 30, 2016, U.S. Customs and Border
provide CBP with more meaningful data Protection (CBP) published a notice in
A. Mandatory Use of ACE for Electronic
by which to assess the feasibility of the Federal Register (81 FR 59644)
Filing of FTZ Admission Applications
implementing the program on a announcing plans to make the
This document announces that permanent basis. CBP will inform the Automated Commercial Environment
beginning on September 16, 2017, all public of its decision to conclude the (ACE) the sole electronic data
test participants must file electronic test program, and if the test program interchange (EDI) system authorized by
FTZ admission applications in ACE. All was successful, to implement it on a
other filers will continue to submit FTZ the Commissioner of CBP for processing
permanent basis, by way of electronic drawback and duty deferral
admission applications to CBP on paper. announcement in the Federal Register.
As of September 16, 2017, ACS is entry and entry summary filings, with
Dated: August 10, 2017. an effective date of October 1, 2016. The
decommissioned for the electronic filing
of these applications. Todd C. Owen, document also announced that, on
Executive Assistant Commissioner, Office of October 1, 2016, the Automated
B. Clarification Field Operations. Commercial System (ACS) would no
This document announces a [FR Doc. 2017–17320 Filed 8–15–17; 8:45 am] longer be a CBP-authorized EDI system
clarification to the notice published in BILLING CODE 9111–14–P for purposes of processing these
the Federal Register on August 19, electronic filings. Finally, the notice
2005. The list of data elements which announced a name change for the ACE
test participants must provide CBP DEPARTMENT OF HOMELAND filing code for duty deferral and the
when filing an electronic FTZ SECURITY creation of a new ACE filing code for all
admission application contained in that electronic drawback filings, replacing
notice inadvertently failed to include U.S. Customs and Border Protection
the six distinct drawback codes
the data element ‘‘Zone ID’’ which previously filed in ACS. On October 3,
replaced the ‘‘Zone Number and Automated Commercial Environment
(ACE) Becoming the Sole CBP- 2016, CBP published a notice in the
Location (Address)’’ requirement on the
Authorized Electronic Data Federal Register (81 FR 68023)
paper CBP Form 214 (Question 1). This
notice clarifies that the list of data Interchange (EDI) System for announcing that the effective date for
elements required for the electronic FTZ Processing Duty Deferral Entry and these changes would be delayed until
admission application must include the Entry Summary Filings further notice. Thereafter, on December
‘‘Zone ID’’. Test participants have been 12, 2016, CBP published a notice in the
AGENCY: U.S. Customs and Border
submitting this data element since the Federal Register (81 FR 89486)
Protection, Department of Homeland
inception of the test program. Security. announcing that the new effective date
Further, this document reminds test for the transition would be January 14,
ACTION: General notice.
participants that they must provide the 2017. On January 17, 2017, CBP
data elements ‘‘Steel Import License SUMMARY: On August 30, 2016, U.S. published an additional notice in the
Number’’ and ‘‘Kimberley Process Customs and Border Protection (CBP) Federal Register (82 FR 4900) delaying
Certificate Number’’ to CBP, as published a notice in the Federal the effective date for the transition until
applicable, when filing an electronic Register announcing plans to make the further notice. Then, on June 8, 2017,
FTZ admission application, as required Automated Commercial Environment CBP published a notice in the Federal
by CSMS message (CSMS #14–000641) (ACE) the sole electronic data Register (82 FR 26698) announcing that
dated December 15, 2014. Under 19 CFR interchange (EDI) system authorized by the new effective date for the transition
12.145 and 360.101(c), the steel import the Commissioner of CBP for processing would be July 8, 2017. Thereafter, on
license number needs to be provided on electronic drawback and duty deferral June 30, 2017, CBP published a notice
CBP Form 214 at the time of filing under entry and entry summary filings. The in the Federal Register (82 FR 29910)
19 CFR part 146, in the case of date for the changes announced in that delaying the effective date for the
merchandise admitted into an FTZ. The notice had been delayed indefinitely. transition until further notice.
Kimberley Process Certificate must be This notice announces the new date for
presented in connection with an This notice announces that beginning
the transition of duty deferral entry and
importation of rough diamonds into an September 16, 2017, ACE will become
entry summary filings. The transition
FTZ and exportation out of an FTZ if the sole CBP-authorized EDI system for
for processing electronic drawback
demanded by a CBP official according to filings will be announced in the Federal duty deferral entry and entry summary
31 CFR 592.404 and 592.301. Pursuant Register at a later date. filings, and ACS will no longer be a
to 31 CFR 592.301 Note 3, when making CBP-authorized EDI system for purposes
DATES: As of September 16, 2017, ACE
entry of a shipment of rough diamonds of processing these electronic filings.
via ABI, the customs broker, importer or will be the sole CBP-authorized EDI
The transition date for processing
filer must submit the unique identifying system for processing duty deferral
electronic drawback filings will be
number of the Kimberley Process entry and entry summary filings, and
announced in a separate Federal
Certificate accompanying the shipment. the Automated Commercial System
(ACS) will no longer be a CBP- Register Notice at a later date.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
C. Extension of Program authorized EDI system for processing Dated: August 11, 2017.
The test has been running these filings. Kevin K. McAleenan,
continuously since March 26, 2007. CBP FOR FURTHER INFORMATION CONTACT: Acting Commissioner, U.S. Customs and
announces in this notice that it is Questions related to this notice may be Border Protection.
extending the test until a decision is emailed to ASKACE@cbp.dhs.gov with [FR Doc. 2017–17319 Filed 8–15–17; 8:45 am]
reached to implement the program on a the subject line identifier reading ‘‘ACS BILLING CODE 9111–14–P
permanent basis and/or to conclude the to ACE Duty Deferral Entry and Entry
test. The new test program is intended Summary Filings Transition.’’
VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 E:\FR\FM\16AUN1.SGM 16AUN1](https://thefederalregister.org/doc/82_FR_39080/page/2.svg)
Document Created: 2017-08-16 10:27:29
Document Modified: 2017-08-16 10:27:29
| 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 | As of September 16, 2017, ACE will be the sole CBP-authorized electronic data interchange (EDI) system for processing electronic FTZ admission applications. | |
| Contact | For operational questions, contact Lydia Jackson, Cargo & Conveyance Security, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected] For technical questions, contact Tonya Perez, Cargo Systems Program Directorate, Office of Information and Technology, U.S. Customs and Border Protection, via email at [email protected] | |
| FR Citation | 82 FR 38923 |
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