82_FR_50866 82 FR 50656 - Modification and Clarification of the National Customs Automation Program Tests Regarding Post-Summary Corrections and Periodic Monthly Statements

82 FR 50656 - Modification and Clarification of the National Customs Automation Program Tests Regarding Post-Summary Corrections and Periodic Monthly Statements

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

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50656-50659
FR Document2017-23747

This document announces U.S. Customs and Border Protection's (CBP's) modification and clarification to the National Customs Automation Program (NCAP) tests pertaining to the processing of post- summary correction (PSC) claims and periodic monthly statements (PMS). Except to the extent expressly announced or modified by this document, all aspects, rules, terms and conditions announced in previous notices regarding the PSC and PMS tests remain in effect.

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50656-50659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23747]



[[Page 50656]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification and Clarification of the National Customs Automation 
Program Tests Regarding Post-Summary Corrections and Periodic Monthly 
Statements

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) modification and clarification to the National Customs 
Automation Program (NCAP) tests pertaining to the processing of post-
summary correction (PSC) claims and periodic monthly statements (PMS). 
Except to the extent expressly announced or modified by this document, 
all aspects, rules, terms and conditions announced in previous notices 
regarding the PSC and PMS tests remain in effect.

DATES: As of November 1, 2017, the modification and clarification to 
the PSC and PMS tests will be operational.

ADDRESSES: Comments concerning this test program may be submitted via 
email to Monica Crockett at [email protected] with a subject line 
identifier reading, ``Post-Summary Corrections and Periodic Monthly 
Statements.''

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Randy Mitchell, Director, Commercial Operations, Revenue and Entry, 
Trade Policy and Programs, Office of Trade, via email at 
[email protected]. For technical questions related to ABI 
transmissions, contact your assigned client representative. Interested 
parties without an assigned client representative should direct their 
questions to the Client Representative Branch at (703) 650-3500.

SUPPLEMENTARY INFORMATION: 

I. Background

Post-Summary Correction (PSC) and Periodic Monthly Statement (PMS) Test 
Programs

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization in the North American 
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization 
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on 
trade compliance and the development of the Automated Commercial 
Environment (ACE), the planned successor to the Automated Commercial 
System (ACS) as the CBP-authorized electronic data interchange (EDI) 
system. ACE is an automated and electronic system for commercial trade 
processing 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 U.S. Customs and Border 
Protection (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.
    CBP's modernization efforts are accomplished through phased 
releases of ACE component functionality designed to replace specific 
legacy ACS functions and add new functionality. 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 
16, 1995). A list of ACE tests is provided in Section III below.

A. PSC Test Program

    On June 24, 2011, CBP published a notice in the Federal Register 
(76 FR 37136) that announced a plan to conduct an NCAP test concerning 
new ACE capabilities allowing importers to file a PSC for certain entry 
summaries using the Automated Broker Interface (ABI). Importers and 
their brokers are also allowed to use ABI to file a PSC to those pre-
liquidation ACE entry summaries that were accepted by CBP, fully paid, 
and under CBP control. On November 19, 2013, CBP published a notice in 
the Federal Register (78 FR 69434) modifying and clarifying the terms 
and conditions of the PSC test. On December 12, 2016, CBP published 
another notice in the Federal Register (81 FR 89482) further modifying 
and clarifying the terms and conditions of the PSC test and expanding 
the list of entry types that could be corrected via a PSC. One of the 
entry types added was entry type 23 (Temporary Importation Bond (TIB)).
    Before the December 12, 2016 notice became effective, CBP published 
another notice on January 9, 2017, in the Federal Register (82 FR 
2385), republishing the December 12th notice, and correcting and 
further clarifying the terms and conditions of the PSC test. 
Subsequently, on January 17, 2017, CBP published a notice in the 
Federal Register (82 FR 4901) delaying the effective date of the 
January 9th notice until further notice. Then, on June 8, 2017, CBP 
published a notice in the Federal Register (82 FR 26699) announcing 
that the January 9th notice would become effective on July 8, 2017. 
Finally, on June 30, 2017, CBP published a notice in the Federal 
Register (82 FR 29910) delaying the effective date until further 
notice.

B. PMS Test Program

    On February 4, 2004, CBP published a notice in the Federal Register 
(69 FR 5362) that announced a plan to conduct an NCAP test concerning 
PMS which allows importers to deposit estimated duties, fees and taxes 
on a monthly basis. CBP modified and clarified the PMS test in seven 
subsequent Federal Register notices published on: September 8, 2004 (69 
FR 54302); February 1, 2005 (70 FR 5199); August 8, 2005 (70 FR 45736); 
September 22, 2005 (70 FR 55623); January 20, 2006 (71 FR 3315); June 
2, 2006 (71 FR 32114); and October 17, 2008 (73 FR 61891). On December 
12, 2016, CBP published a notice in the Federal Register announcing a 
modification to the PMS test. See 81 FR 89482. On January 9, 2017, CBP 
published a notice in the Federal Register (82 FR 2385), republishing 
the December 12, 2016 notice with some corrections and further 
clarification. Subsequently, on January 17, 2017, CBP published a 
notice in the Federal Register (82 FR 4901) delaying the effective date 
of the January 9th notice until further notice. On June 8, 2017, CBP 
published a notice in the Federal Register (82 FR 26699) announcing 
that the January 9th notice would become effective on July 8, 2017. 
Finally, on June 30, 2017, CBP published a notice in the Federal 
Register (82 FR 29910) delaying the effective date until further 
notice.

II. Test Modifications and Clarification

    This document announces a modification and clarification of the PSC 
test, and a modification of the PMS test. The modifications and 
clarification are 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 
notices regarding the PSC and PMS tests remain in effect.

A. Modification of the PSC Test

    This document announces that CBP is extending the deadline for 
filing a PSC. The new deadline requires a PSC to be transmitted within 
300 days of the date of entry or 15 days prior to the scheduled 
liquidation date, whichever

[[Page 50657]]

date is earlier. Prior to this modification, a PSC had to be 
transmitted within 270 days of the date of entry, but could not be 
filed within 20 days of the scheduled liquidation date. This change is 
being made to increase the amount of time a filer has to submit a PSC 
on entry summaries.

B. Clarification of the PSC Test

    CBP announced in the December 12th notice that the types of entries 
that may be corrected by filing a PSC were expanded to additional entry 
types, one of them being entry type 23 (TIB). This notice clarifies 
that a PSC concerning a TIB may be filed only to correct data elements 
of a TIB that do not change a TIB entry to another entry type; in 
addition, this notice clarifies that a PSC may not change data elements 
that change another entry type to a TIB entry. For example, a PSC may 
correct the value declared on a TIB entry, but it may not change the 
classification of the article to a classification that is not entitled 
to be filed as a TIB entry, as that classification change would 
necessarily change a TIB entry to another entry type.

C. Modification of the PMS Test

    The proposed modification, published in the January 9, 2017 notice, 
considers a PMS as paid, in the event the importer uses the Automated 
Clearing House (ACH) debit process, when CBP receives notification from 
the Treasury Department that funds are available and transferred to CBP 
from the financial institution designated by the importer for payment 
of the ACH debit authorization. This modification reverses the proposed 
modification because ACE cannot accommodate the proposed change at this 
time due to technical constraints. Therefore, CBP will continue to 
consider a PMS as paid when CBP transmits the debit authorization to 
the designated financial institution. See 69 FR 5362 (February 4, 
2004).

III. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth 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 National Customs Automation Program (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 National Customs Automation Program 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 (ACE) Document Image 
System: 79 FR 36083 (June 25, 2014).
     Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
     eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond by Filing 
Identification Number, and Email Address Correction: 80 FR 899 (January 
7, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
     Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).

[[Page 50658]]

     Modification of NCAP Test Concerning ACE Cargo Release for 
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR 
16414 (March 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
     National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency Message 
Set through the Automated Commercial Environment (ACE): 80 FR 52051 
(August 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo 
Release for Entry Type 52 and Certain Other Modes of Transportation: 80 
FR 63576 (October 20, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry 
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary 
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 
(October 21, 2015).
     Modification of the National Customs Automation Program 
Test Concerning the Automated Commercial Environment Portal Account to 
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
     Modification of National Customs Automation Program Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency: 81 FR 
7133 (February 10, 2016).
     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: 81 FR 10264 (February 29, 2016).
     Modification of the National Customs Automation Program 
(NCAP); Test Concerning the Partner Government Agency Message Set for 
Certain Data Required by the Environmental Protection Agency (EPA): 81 
FR 13399 (March 14, 2016).
     Cessation of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 81 FR 
18634 (March 31, 2016).
     Automated Commercial Environment (ACE); Announcement of 
National Customs Automation Program Test of the In-Transit Manifest 
Pilot Program: 81 FR 24837 (April 27, 2016).
     Announcement of National Customs Automation Program (NCAP) 
Test Concerning the Submission through the Automated Commercial 
Environment (ACE) of Certain Import Data and Documents Required by the 
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2016).
     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: 81 FR 
30320 (May 16, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Entry and Entry Summary Filings: 81 FR 
32339 (May 23, 2016).
     Notice Announcing the Automated Commercial Environment 
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing 
Electronic Protests: 81 FR 49685 (July 28, 2016).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Portal Accounts to Establish the Protest Filer Account and 
Clarification that the Terms and Conditions for Account Access Apply to 
all ACE Portal Accounts: 81 FR 52453 (August 8, 2016).
     National Customs Automation Program (NCAP) Test Concerning 
Electronic Filing of Protests in the Automated Commercial Environment 
(ACE): 81 FR 53497 (August 12, 2016).
     Modification of the National Customs Automation Program 
(NCAP) Test Regarding Reconciliation and Transition of the Test from 
the Automated Commercial System (ACS) to the Automated Commercial 
Environment (ACE): 81 FR 89486 (December 12, 2016).
     Modification and Clarification of the National Customs 
Automation Program (NCAP) Test Regarding Post-Summary Corrections and 
Periodic Monthly Statements: 81 FR 89482 (December 12, 2016).
     Effective Date for the Automated Commercial Environment 
(ACE) Being the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Drawback and Duty Deferral Entry and 
Entry Summary Filings: 81 FR 89486 (December 12, 2016).
     Electronic Notice of Liquidation: 81 FR 89375 (December 
12, 2016).
     Modification and Clarification of the National Customs 
Automation Program Tests Regarding Post-Summary Corrections and 
Periodic Monthly Statements; Republication with Correction and Further 
Clarification: 82 FR 2385 (January 9, 2017).
     Delay of Effective Date for the Automated Commercial 
Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data 
Interchange (EDI) System for Processing Electronic Drawback and Duty 
Deferral Entry and Entry Summary Filings: 82 FR 4900 (January 17, 
2017).
     Delayed Effective Date for Modifications of the National 
Customs Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 4901 (January 17, 
2017).
     Effective Date for the Automated Commercial Environment 
(ACE) Becoming the Sole CBP-Authorized Electronic Data Interchange 
(EDI) System for Processing Electronic

[[Page 50659]]

Drawback and Duty Deferral Entry and Entry Summary Filings: 82 FR 26698 
(June 8, 2017).
     Effective Date for Modifications of the National Customs 
Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 26699 (June 8, 
2017).
     Delayed Effective Date for Modifications of the National 
Customs Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 29910 (June 30, 
2017).
     Delay of Effective Date for the Automated Commercial 
Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data 
Interchange (EDI) System for Processing Electronic Drawback and Duty 
Deferral Entry and Entry Summary Filings: 82 FR 29910 (June 30, 2017).
     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: 82 FR 38923 (August 16, 2017).
     Automated Commercial Environment (ACE) Becoming the Sole 
CBP-Authorized Electronic Data Interchange (EDI) System for Processing 
Duty Deferral Entry and Entry Summary Filings: 82 FR 38924 (August 16, 
2017).
     Delay of Transition of Test Program Regarding Electronic 
Foreign Trade Zone Admission Applications from the Automated Commercial 
System to the Automated Commercial Environment: 82 FR 43395 (September 
15, 2017).

    Dated: October 26, 2017.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2017-23747 Filed 10-31-17; 8:45 am]
 BILLING CODE 9111-14-P



                                                50656                    Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                DEPARTMENT OF HOMELAND                                  of the Automated Commercial                           effective date of the January 9th notice
                                                SECURITY                                                Environment (ACE), the planned                        until further notice. Then, on June 8,
                                                                                                        successor to the Automated Commercial                 2017, CBP published a notice in the
                                                U.S. Customs and Border Protection                      System (ACS) as the CBP-authorized                    Federal Register (82 FR 26699)
                                                                                                        electronic data interchange (EDI)                     announcing that the January 9th notice
                                                Modification and Clarification of the                   system. ACE is an automated and                       would become effective on July 8, 2017.
                                                National Customs Automation                             electronic system for commercial trade                Finally, on June 30, 2017, CBP
                                                Program Tests Regarding Post-                           processing which is intended to                       published a notice in the Federal
                                                Summary Corrections and Periodic                        streamline business processes, facilitate             Register (82 FR 29910) delaying the
                                                Monthly Statements                                      growth in trade, ensure cargo security,               effective date until further notice.
                                                AGENCY:  U.S. Customs and Border                        and foster participation in global
                                                                                                                                                              B. PMS Test Program
                                                Protection, Department of Homeland                      commerce, while ensuring compliance
                                                                                                        with U.S. laws and regulations and                       On February 4, 2004, CBP published
                                                Security.                                                                                                     a notice in the Federal Register (69 FR
                                                                                                        reducing costs for U.S. Customs and
                                                ACTION: General notice.                                                                                       5362) that announced a plan to conduct
                                                                                                        Border Protection (CBP) and all of its
                                                                                                        communities of interest. The ability to               an NCAP test concerning PMS which
                                                SUMMARY:   This document announces
                                                                                                        meet these objectives depends on                      allows importers to deposit estimated
                                                U.S. Customs and Border Protection’s
                                                                                                        successfully modernizing CBP’s                        duties, fees and taxes on a monthly
                                                (CBP’s) modification and clarification to
                                                                                                        business functions and the information                basis. CBP modified and clarified the
                                                the National Customs Automation
                                                                                                        technology that supports those                        PMS test in seven subsequent Federal
                                                Program (NCAP) tests pertaining to the
                                                                                                        functions.                                            Register notices published on:
                                                processing of post-summary correction
                                                                                                           CBP’s modernization efforts are                    September 8, 2004 (69 FR 54302);
                                                (PSC) claims and periodic monthly
                                                                                                        accomplished through phased releases                  February 1, 2005 (70 FR 5199); August
                                                statements (PMS). Except to the extent
                                                                                                        of ACE component functionality                        8, 2005 (70 FR 45736); September 22,
                                                expressly announced or modified by
                                                                                                        designed to replace specific legacy ACS               2005 (70 FR 55623); January 20, 2006
                                                this document, all aspects, rules, terms
                                                                                                        functions and add new functionality.                  (71 FR 3315); June 2, 2006 (71 FR
                                                and conditions announced in previous
                                                                                                        Section 101.9(b) of title 19 of the Code              32114); and October 17, 2008 (73 FR
                                                notices regarding the PSC and PMS tests
                                                                                                        of Federal Regulations (19 CFR 101.9(b))              61891). On December 12, 2016, CBP
                                                remain in effect.
                                                                                                        provides for the testing of NCAP                      published a notice in the Federal
                                                DATES: As of November 1, 2017, the                      components. See T.D. 95–21, 60 FR                     Register announcing a modification to
                                                modification and clarification to the                   14211 (March 16, 1995). A list of ACE                 the PMS test. See 81 FR 89482. On
                                                PSC and PMS tests will be operational.                  tests is provided in Section III below.               January 9, 2017, CBP published a notice
                                                ADDRESSES: Comments concerning this                                                                           in the Federal Register (82 FR 2385),
                                                test program may be submitted via email                 A. PSC Test Program
                                                                                                                                                              republishing the December 12, 2016
                                                to Monica Crockett at ESARinfoinbox@                       On June 24, 2011, CBP published a                  notice with some corrections and
                                                dhs.gov with a subject line identifier                  notice in the Federal Register (76 FR                 further clarification. Subsequently, on
                                                reading, ‘‘Post-Summary Corrections                     37136) that announced a plan to                       January 17, 2017, CBP published a
                                                and Periodic Monthly Statements.’’                      conduct an NCAP test concerning new                   notice in the Federal Register (82 FR
                                                FOR FURTHER INFORMATION CONTACT: For                    ACE capabilities allowing importers to                4901) delaying the effective date of the
                                                policy-related questions, contact Randy                 file a PSC for certain entry summaries                January 9th notice until further notice.
                                                Mitchell, Director, Commercial                          using the Automated Broker Interface                  On June 8, 2017, CBP published a notice
                                                Operations, Revenue and Entry, Trade                    (ABI). Importers and their brokers are                in the Federal Register (82 FR 26699)
                                                Policy and Programs, Office of Trade,                   also allowed to use ABI to file a PSC to              announcing that the January 9th notice
                                                via email at Randy.Mitchell@                            those pre-liquidation ACE entry                       would become effective on July 8, 2017.
                                                cbp.dhs.gov. For technical questions                    summaries that were accepted by CBP,                  Finally, on June 30, 2017, CBP
                                                related to ABI transmissions, contact                   fully paid, and under CBP control. On                 published a notice in the Federal
                                                your assigned client representative.                    November 19, 2013, CBP published a                    Register (82 FR 29910) delaying the
                                                Interested parties without an assigned                  notice in the Federal Register (78 FR                 effective date until further notice.
                                                client representative should direct their               69434) modifying and clarifying the
                                                                                                        terms and conditions of the PSC test. On              II. Test Modifications and Clarification
                                                questions to the Client Representative
                                                Branch at (703) 650–3500.                               December 12, 2016, CBP published                         This document announces a
                                                                                                        another notice in the Federal Register                modification and clarification of the
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        (81 FR 89482) further modifying and                   PSC test, and a modification of the PMS
                                                I. Background                                           clarifying the terms and conditions of                test. The modifications and clarification
                                                                                                        the PSC test and expanding the list of                are discussed separately below. Except
                                                Post-Summary Correction (PSC) and
                                                                                                        entry types that could be corrected via               to the extent expressly announced or
                                                Periodic Monthly Statement (PMS) Test
                                                                                                        a PSC. One of the entry types added was               modified by this document, all aspects,
                                                Programs
                                                                                                        entry type 23 (Temporary Importation                  rules, terms, requirements, obligations
                                                   The National Customs Automation                      Bond (TIB)).                                          and conditions announced in previous
                                                Program (NCAP) was established by                          Before the December 12, 2016 notice                notices regarding the PSC and PMS tests
                                                Subtitle B of Title VI—Customs                          became effective, CBP published                       remain in effect.
                                                Modernization in the North American                     another notice on January 9, 2017, in the
sradovich on DSK3GMQ082PROD with NOTICES




                                                Free Trade Agreement (NAFTA)                            Federal Register (82 FR 2385),                        A. Modification of the PSC Test
                                                Implementation Act (Customs                             republishing the December 12th notice,                   This document announces that CBP is
                                                Modernization Act) (Pub. L. 103–182,                    and correcting and further clarifying the             extending the deadline for filing a PSC.
                                                107 Stat. 2057, 2170, December 8, 1993)                 terms and conditions of the PSC test.                 The new deadline requires a PSC to be
                                                (19 U.S.C. 1411). Through NCAP, the                     Subsequently, on January 17, 2017, CBP                transmitted within 300 days of the date
                                                thrust of customs modernization was on                  published a notice in the Federal                     of entry or 15 days prior to the
                                                trade compliance and the development                    Register (82 FR 4901) delaying the                    scheduled liquidation date, whichever


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                                                                         Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                          50657

                                                date is earlier. Prior to this modification,              • ACE Non-Portal Accounts and                       Clarifications: 78 FR 69434 (November
                                                a PSC had to be transmitted within 270                  Related Notice: 70 FR 61466 (October                  19, 2013).
                                                days of the date of entry, but could not                24, 2005); 71 FR 15756 (March 29,                        • National Customs Automation
                                                be filed within 20 days of the scheduled                2006).                                                Program (NCAP) Test Concerning the
                                                liquidation date. This change is being                    • ACE Entry Summary, Accounts and                   Submission of Certain Data Required by
                                                made to increase the amount of time a                   Revenue (ESAR I) Capabilities: 72 FR                  the Environmental Protection Agency
                                                filer has to submit a PSC on entry                      59105 (October 18, 2007).                             and the Food Safety and Inspection
                                                summaries.                                                • ACE Entry Summary, Accounts and                   Service Using the Partner Government
                                                                                                        Revenue (ESAR II) Capabilities: 73 FR                 Agency Message Set Through the
                                                B. Clarification of the PSC Test
                                                                                                        50337 (August 26, 2008); 74 FR 9826                   Automated Commercial Environment
                                                   CBP announced in the December 12th                   (March 6, 2009).                                      (ACE): 78 FR 75931 (December 13,
                                                notice that the types of entries that may                 • ACE Entry Summary, Accounts and                   2013).
                                                be corrected by filing a PSC were                       Revenue (ESAR III) Capabilities: 74 FR                   • Modification of National Customs
                                                expanded to additional entry types, one                 69129 (December 30, 2009).                            Automation Program (NCAP) Test
                                                of them being entry type 23 (TIB). This                   • ACE Entry Summary, Accounts and                   Concerning Automated Commercial
                                                notice clarifies that a PSC concerning a                Revenue (ESAR IV) Capabilities: 76 FR                 Environment (ACE) Cargo Release for
                                                TIB may be filed only to correct data                   37136 (June 24, 2011).                                Ocean and Rail Carriers: 79 FR 6210
                                                elements of a TIB that do not change a                    • Post-Entry Amendment (PEA)                        (February 3, 2014).
                                                TIB entry to another entry type; in                     Processing Test: 76 FR 37136 (June 24,                   • Modification of National Customs
                                                addition, this notice clarifies that a PSC              2011).                                                Automation Program (NCAP) Test
                                                may not change data elements that                         • ACE Announcement of a New Start                   Concerning Automated Commercial
                                                change another entry type to a TIB                      Date for the National Customs                         Environment (ACE) Cargo Release to
                                                entry. For example, a PSC may correct                   Automation Program Test of Automated                  Allow Importers and Brokers to Certify
                                                the value declared on a TIB entry, but                  Manifest Capabilities for Ocean and Rail              From ACE Entry Summary: 79 FR 24744
                                                it may not change the classification of                 Carriers: 76 FR 42721 (July 19, 2011).                (May 1, 2014).
                                                the article to a classification that is not               • ACE Simplified Entry: 76 FR 69755                    • Modification of National Customs
                                                entitled to be filed as a TIB entry, as that            (November 9, 2011).                                   Automation Program (NCAP) Test
                                                classification change would necessarily                   • National Customs Automation                       Concerning Automated Commercial
                                                change a TIB entry to another entry                     Program (NCAP) Tests Concerning                       Environment (ACE) Cargo Release for
                                                type.                                                   Automated Commercial Environment                      Truck Carriers: 79 FR 25142 (May 2,
                                                C. Modification of the PMS Test                         (ACE) Document Image System (DIS): 77                 2014).
                                                                                                        FR 20835 (April 6, 2012).                                • Modification of National Customs
                                                   The proposed modification, published
                                                                                                          • National Customs Automation                       Automation Program (NCAP) Test
                                                in the January 9, 2017 notice, considers
                                                                                                        Program (NCAP) Tests Concerning                       Concerning Automated Commercial
                                                a PMS as paid, in the event the importer
                                                                                                        Automated Commercial Environment                      Environment (ACE) Document Image
                                                uses the Automated Clearing House
                                                                                                        (ACE) Simplified Entry: Modification of               System: 79 FR 36083 (June 25, 2014).
                                                (ACH) debit process, when CBP receives
                                                                                                        Participant Selection Criteria and                       • Announcement of eBond Test: 79
                                                notification from the Treasury
                                                                                                        Application Process: 77 FR 48527                      FR 70881 (November 28, 2014).
                                                Department that funds are available and
                                                                                                        (August 14, 2012).                                       • eBond Test Modifications and
                                                transferred to CBP from the financial
                                                                                                          • Modification of National Customs                  Clarifications: Continuous Bond
                                                institution designated by the importer
                                                                                                        Automation Program (NCAP) Test                        Executed Prior to or Outside the eBond
                                                for payment of the ACH debit
                                                                                                        Regarding Reconciliation for Filing                   Test May Be Converted to an eBond by
                                                authorization. This modification
                                                                                                        Certain Post-Importation Preferential                 the Surety and Principal, Termination of
                                                reverses the proposed modification
                                                                                                        Tariff Treatment Claims under Certain                 an eBond by Filing Identification
                                                because ACE cannot accommodate the
                                                                                                        FTAs: 78 FR 27984 (May 13, 2013).                     Number, and Email Address Correction:
                                                proposed change at this time due to
                                                                                                          • Modification of Two National                      80 FR 899 (January 7, 2015).
                                                technical constraints. Therefore, CBP
                                                                                                        Customs Automation Program (NCAP)                        • Modification of National Customs
                                                will continue to consider a PMS as paid
                                                                                                        Tests Concerning Automated                            Automation Program (NCAP) Test
                                                when CBP transmits the debit
                                                                                                        Commercial Environment (ACE)                          Concerning Automated Commercial
                                                authorization to the designated financial
                                                                                                        Document Image System (DIS) and                       Environment (ACE) Document Image
                                                institution. See 69 FR 5362 (February 4,
                                                                                                        Simplified Entry (SE): 78 FR 44142 (July              System Relating to Animal and Plant
                                                2004).
                                                                                                        23, 2013).                                            Health Inspection Service (APHIS)
                                                III. Development of ACE Prototypes                        • Modification of Two National                      Document Submissions: 80 FR 5126
                                                   A chronological listing of Federal                   Customs Automation Program (NCAP)                     (January 30, 2015).
                                                Register publications detailing ACE test                Tests Concerning Automated                               • Modification of National Customs
                                                developments is set forth below.                        Commercial Environment (ACE)                          Automation Program (NCAP) Test
                                                   • ACE Portal Accounts and                            Document Image System (DIS) and                       Concerning the use of Partner
                                                Subsequent Revision Notices: 67 FR                      Simplified Entry (SE); Correction: 78 FR              Government Agency Message Set
                                                21800 (May 1, 2002); 69 FR 5360 and 69                  53466 (August 29, 2013).                              through the Automated Commercial
                                                FR 5362 (February 4, 2004); 69 FR                         • Modification of National Customs                  Environment (ACE) for the Submission
                                                                                                        Automation Program Test Concerning                    of Certain Data Required by the
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                                                54302 (September 8, 2004); 70 FR 5199
                                                (February 1, 2005).                                     Automated Commercial Environment                      Environmental Protection Agency
                                                   • ACE System of Records Notice: 71                   (ACE) Cargo Release (formerly known as                (EPA): 80 FR 6098 (February 4, 2015).
                                                FR 3109 (January 19, 2006).                             Simplified Entry): 78 FR 66039                           • Announcement of Modification of
                                                   • Terms/Conditions for Access to the                 (November 4, 2013).                                   ACE Cargo Release Test to Permit the
                                                ACE Portal and Subsequent Revisions:                      • Post-Summary Corrections to Entry                 Combined Filing of Cargo Release and
                                                72 FR 27632 (May 16, 2007); 73 FR                       Summaries Filed in ACE Pursuant to the                Importer Security Filing (ISF) Data: 80
                                                38464 (July 7, 2008).                                   ESAR IV Test: Modifications and                       FR 7487 (February 10, 2015).


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                                                50658                    Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                  • Modification of NCAP Test                           Modes of Transportation: 80 FR 63815                  Module as the Sole CBP-Authorized
                                                Concerning ACE Cargo Release for Type                   (October 21, 2015).                                   Method for Filing Electronic Protests: 81
                                                03 Entries and Advanced Capabilities                      • Modification of the National                      FR 49685 (July 28, 2016).
                                                for Truck Carriers: 80 FR 16414 (March                  Customs Automation Program Test                          • Modification of the National
                                                27, 2015).                                              Concerning the Automated Commercial                   Customs Automation Program (NCAP)
                                                  • Automated Commercial                                Environment Portal Account to                         Test Concerning the Automated
                                                Environment (ACE) Export Manifest for                   Establish the Exporter Portal Account:                Commercial Environment (ACE) Portal
                                                Air Cargo Test: 80 FR 39790 (July 10,                   80 FR 63817 (October 21, 2015).                       Accounts to Establish the Protest Filer
                                                2015).                                                    • Modification of National Customs                  Account and Clarification that the
                                                  • National Customs Automation                         Automation Program Test Concerning                    Terms and Conditions for Account
                                                Program (NCAP) Concerning Remote                        the Automated Commercial                              Access Apply to all ACE Portal
                                                Location Filing Entry Procedures in the                 Environment Partner Government                        Accounts: 81 FR 52453 (August 8,
                                                Automated Commercial Environment                        Agency Message Set Regarding the                      2016).
                                                (ACE) and the Use of the Document                       Toxic Substances Control Act                             • National Customs Automation
                                                Image System for the Submission of                      Certification Required by the                         Program (NCAP) Test Concerning
                                                Invoices and the Use of eBonds for the                  Environmental Protection Agency: 81                   Electronic Filing of Protests in the
                                                Transmission of Single Transaction                      FR 7133 (February 10, 2016).                          Automated Commercial Environment
                                                Bonds: 80 FR 40079 (July 13, 2015).                       • Notice Announcing the Automated                   (ACE): 81 FR 53497 (August 12, 2016).
                                                  • Modification of National Customs                    Commercial Environment (ACE) as the                      • Modification of the National
                                                Automation Program (NCAP) Test                          Sole CBP-Authorized Electronic Data                   Customs Automation Program (NCAP)
                                                Concerning the Automated Commercial                     Interchange (EDI) System for Processing               Test Regarding Reconciliation and
                                                Environment (ACE) Partner Government                    Certain Electronic Entry and Entry                    Transition of the Test from the
                                                Agency (PGA) Message Set Regarding                      Summary Filings: 81 FR 10264                          Automated Commercial System (ACS)
                                                Types of Transportation Modes and                       (February 29, 2016).                                  to the Automated Commercial
                                                Certain Data Required by the National                     • Modification of the National                      Environment (ACE): 81 FR 89486
                                                Highway Traffic Safety Administration                   Customs Automation Program (NCAP);                    (December 12, 2016).
                                                (NHTSA): 80 FR 47938 (August 10,                        Test Concerning the Partner                              • Modification and Clarification of
                                                2015).                                                  Government Agency Message Set for                     the National Customs Automation
                                                  • Automated Commercial                                Certain Data Required by the                          Program (NCAP) Test Regarding Post-
                                                Environment (ACE) Export Manifest for                   Environmental Protection Agency                       Summary Corrections and Periodic
                                                Vessel Cargo Test: 80 FR 50644 (August                  (EPA): 81 FR 13399 (March 14, 2016).                  Monthly Statements: 81 FR 89482
                                                                                                          • Cessation of National Customs                     (December 12, 2016).
                                                20, 2015).
                                                                                                        Automation Program (NCAP) Test                           • Effective Date for the Automated
                                                  • Modification of National Customs
                                                                                                        Concerning the Submission of Certain                  Commercial Environment (ACE) Being
                                                Automation Program (NCAP) Test
                                                                                                        Data Required by the Food and Drug                    the Sole CBP-Authorized Electronic
                                                Concerning the Submission of Certain
                                                                                                        Administration (FDA) Using the Partner                Data Interchange (EDI) System for
                                                Data Required by the Food and Drug
                                                                                                        Government Agency (PGA) Message Set                   Processing Electronic Drawback and
                                                Administration (FDA) Using the Partner
                                                                                                        Through the Automated Commercial                      Duty Deferral Entry and Entry Summary
                                                Government Agency Message Set
                                                                                                        Environment (ACE): 81 FR 18634                        Filings: 81 FR 89486 (December 12,
                                                through the Automated Commercial
                                                                                                        (March 31, 2016).                                     2016).
                                                Environment (ACE): 80 FR 52051                            • Automated Commercial                                 • Electronic Notice of Liquidation: 81
                                                (August 27, 2015).                                      Environment (ACE); Announcement of                    FR 89375 (December 12, 2016).
                                                  • Automated Commercial                                National Customs Automation Program                      • Modification and Clarification of
                                                Environment (ACE) Export Manifest for                   Test of the In-Transit Manifest Pilot                 the National Customs Automation
                                                Rail Cargo Test: 80 FR 54305                            Program: 81 FR 24837 (April 27, 2016).                Program Tests Regarding Post-Summary
                                                (September 9, 2015).                                      • Announcement of National                          Corrections and Periodic Monthly
                                                  • Modification of the National                        Customs Automation Program (NCAP)                     Statements; Republication with
                                                Customs Automation Program (NCAP)                       Test Concerning the Submission                        Correction and Further Clarification: 82
                                                Test Concerning the Automated                           through the Automated Commercial                      FR 2385 (January 9, 2017).
                                                Commercial Environment (ACE)                            Environment (ACE) of Certain Import                      • Delay of Effective Date for the
                                                Document Image System (DIS)                             Data and Documents Required by the                    Automated Commercial Environment
                                                Regarding Future Updates and New                        U.S. Fish and Wildlife Service: 81 FR                 (ACE) Becoming the Sole CBP-
                                                Method of Submission of Accepted                        27149 (May 5, 2016).                                  Authorized Electronic Data Interchange
                                                Documents: 80 FR 62082 (October 15,                       • Notice Announcing the Automated                   (EDI) System for Processing Electronic
                                                2015).                                                  Commercial Environment (ACE) as the                   Drawback and Duty Deferral Entry and
                                                  • Modification of the National                        Sole CBP-Authorized Electronic Data                   Entry Summary Filings: 82 FR 4900
                                                Customs Automation Program (NCAP)                       Interchange (EDI) System for Processing               (January 17, 2017).
                                                Test Concerning the Automated                           Certain Electronic Entry and Entry                       • Delayed Effective Date for
                                                Commercial Environment (ACE) Cargo                      Summary Filings Accompanied by Food                   Modifications of the National Customs
                                                Release for Entry Type 52 and Certain                   and Drug Administration (FDA) Data: 81                Automation Program Tests Regarding
                                                Other Modes of Transportation: 80 FR                    FR 30320 (May 16, 2016).                              Reconciliation, Post-Summary
                                                63576 (October 20, 2015).                                 • Notice Announcing the Automated
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                                                                                                                                                              Corrections, and Periodic Monthly
                                                  • Modification of the National                        Commercial Environment (ACE) as the                   Statements: 82 FR 4901 (January 17,
                                                Customs Automation Program (NCAP)                       Sole CBP-Authorized Electronic Data                   2017).
                                                Test Concerning the Automated                           Interchange (EDI) System for Processing                  • Effective Date for the Automated
                                                Commercial Environment (ACE) Entry                      Electronic Entry and Entry Summary                    Commercial Environment (ACE)
                                                Summary, Accounts and Revenue                           Filings: 81 FR 32339 (May 23, 2016).                  Becoming the Sole CBP-Authorized
                                                (ESAR) Test of Automated Entry                            • Notice Announcing the Automated                   Electronic Data Interchange (EDI)
                                                Summary Types 51 and 52 and Certain                     Commercial Environment (ACE) Protest                  System for Processing Electronic


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                                                                         Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                                     50659

                                                Drawback and Duty Deferral Entry and                    Consolidated Omnibus Budget                           inflation. For fiscal year 2018, this is
                                                Entry Summary Filings: 82 FR 26698                      Reconciliation Act (COBRA) for Fiscal                 done by comparing the average of the
                                                (June 8, 2017).                                         Year 2018 in accordance with the Fixing               Consumer Price Index—All Urban
                                                   • Effective Date for Modifications of                America’s Surface Transportation Act                  Consumers, U.S. All items, 1982–84
                                                the National Customs Automation                         (FAST Act) as implemented by CBP                      (CPI–U) for the current year (June 2016–
                                                Program Tests Regarding Reconciliation,                 regulations published elsewhere in this               May 2017) with the average of the CPI–
                                                Post-Summary Corrections, and Periodic                  issue of the Federal Register.                        U for Fiscal Year 2014 to determine the
                                                Monthly Statements: 82 FR 26699 (June                   DATES: The adjusted amounts of                        change in inflation, if any. If there is an
                                                8, 2017).                                               customs COBRA user fees and their                     increase in the CPI of greater than one
                                                   • Delayed Effective Date for                         corresponding limitations set forth in                (1) percent, CBP must adjust the
                                                Modifications of the National Customs                   this notice for Fiscal Year 2018 are                  customs COBRA user fees and
                                                Automation Program Tests Regarding                      required as of January 1, 2018.                       corresponding limitations using the
                                                Reconciliation, Post-Summary                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              methodology set forth in 19 CFR
                                                Corrections, and Periodic Monthly                                                                             24.22(k). Following the steps provided
                                                                                                        Bruce Ingalls, Director—Revenue
                                                Statements: 82 FR 29910 (June 30,                                                                             in paragraph (k)(2) of § 24.22, CBP has
                                                                                                        Division, 317–298–1107, bruce.ingalls@
                                                2017).                                                                                                        determined that the increase in the CPI
                                                                                                        cbp.dhs.gov; or Tina Ghiladi, Director—
                                                   • Delay of Effective Date for the                    Fee Strategy, Communications, and
                                                                                                                                                              between the most recent June to May 12-
                                                Automated Commercial Environment                                                                              month period (June 2016–May 2017)
                                                                                                        Integration, 202–344–3722,
                                                (ACE) Becoming the Sole CBP-                                                                                  and Fiscal Year 2014 is 2.542 percent.
                                                                                                        tina.ghiladi@cbp.dhs.gov.
                                                Authorized Electronic Data Interchange                                                                        (19 CFR 24.22(k)). As the increase in the
                                                                                                        SUPPLEMENTARY INFORMATION:                            CPI is greater than one (1) percent, the
                                                (EDI) System for Processing Electronic
                                                Drawback and Duty Deferral Entry and                    Background                                            customs COBRA user fees and
                                                Entry Summary Filings: 82 FR 29910                                                                            corresponding limitations must be
                                                                                                           On December 4, 2015, the Fixing                    adjusted for Fiscal Year 2018.
                                                (June 30, 2017).
                                                                                                        America’s Surface Transportation Act
                                                   • Extension and Clarification of Test                                                                      Determination of the Adjusted Fees and
                                                                                                        (FAST Act, Pub. L. 114–94) was signed
                                                Program Regarding Electronic Foreign                                                                          Limitations
                                                                                                        into law. Section 32201 of the FAST Act
                                                Trade Zone Admission Applications
                                                                                                        amended section 13031 of the                             Using the methodology set forth in
                                                and Transition of Test from the
                                                                                                        Consolidated Omnibus Budget                           § 24.22(k)(2) of the CBP regulations (19
                                                Automated Commercial System to the
                                                                                                        Reconciliation Act (COBRA) of 1985 (19                CFR 24.22(k)), CBP has determined that
                                                Automated Commercial Environment:
                                                                                                        U.S.C. 58c) by requiring certain customs              the factor by which the fees and
                                                82 FR 38923 (August 16, 2017).
                                                   • Automated Commercial                               COBRA user fees and corresponding                     limitations will be adjusted is 2.677
                                                Environment (ACE) Becoming the Sole                     limitations to be adjusted by the                     percent. In reaching this determination,
                                                CBP-Authorized Electronic Data                          Secretary of the Treasury (Secretary) to              CBP calculated the values for each
                                                Interchange (EDI) System for Processing                 reflect certain increases in inflation.               variable found in 19 CFR 24.22(k) as
                                                                                                           In a final rule, CBP Dec. 17–16,                   follows:
                                                Duty Deferral Entry and Entry Summary
                                                Filings: 82 FR 38924 (August 16, 2017).
                                                                                                        published elsewhere in this issue of the                 • The arithmetic average of the CPI–
                                                   • Delay of Transition of Test Program                Federal Register, CBP amended §§ 24.22                U for June 2016–May 2017, referred to
                                                Regarding Electronic Foreign Trade                      and 24.23 of title 19 of the Code of                  as (A) in the CBP regulations, is
                                                Zone Admission Applications from the                    Federal Regulations (19 CFR 24.22 and                 242.328 1
                                                Automated Commercial System to the                      24.23) to implement the requirements of                  • The arithmetic average of the CPI–
                                                Automated Commercial Environment:                       the FAST Act. Specifically, CBP created               U for Fiscal Year 2014, referred to as (B),
                                                82 FR 43395 (September 15, 2017).                       a new paragraph (k) in section 24.22 (19              is 236.009;
                                                                                                        CFR 24.22(k)) that sets forth the                        • The arithmetic average of the CPI–
                                                  Dated: October 26, 2017.                              methodology to determine the change in                U for the comparison year, referred to as
                                                Brenda B. Smith,                                        inflation as well as the factor by which              (C), is 236.009;
                                                Executive Assistant Commissioner, Office of             the fees and limitations will be adjusted,               • The difference between the
                                                Trade.                                                  if necessary. The fees and limitations                arithmetic averages of the CPI–U of the
                                                [FR Doc. 2017–23747 Filed 10–31–17; 8:45 am]            subject to adjustment, which are set                  comparison year (Fiscal Year 2014) and
                                                BILLING CODE 9111–14–P                                  forth in Appendix A and Appendix B of                 the current year (June 2016–May 2017),
                                                                                                        part 24, include the commercial vessel                referred to as (D), is 6.320;
                                                                                                        arrival fees, commercial truck arrival                   • This difference rounded to the
                                                DEPARTMENT OF HOMELAND                                  fees, railroad car arrival fees, private              nearest whole number, referred to as (E),
                                                SECURITY                                                vessel arrival fees, private aircraft                 is 6;
                                                                                                        arrival fees, commercial aircraft and                    • The percentage change in the
                                                U.S. Customs and Border Protection                      vessel passenger arrival fees, dutiable               arithmetic averages of the CPI–U of the
                                                                                                        mail fees, customs broker permit user                 comparison year (Fiscal Year 2014) and
                                                COBRA Fees To Be Adjusted for                                                                                 the current year (June 2016–May 2017),
                                                                                                        fees, barges and other bulk carriers
                                                Inflation in Fiscal Year 2018 CBP Dec.                                                                        referred to as (F), is 2.542 percent;
                                                                                                        arrival fees, and merchandise processing
                                                17–17
                                                                                                        fees as well as the corresponding                        • The difference in the arithmetic
                                                AGENCY:  U.S. Customs and Border                        limitations.                                          average of the CPI–U between the
                                                                                                                                                              current year (June 2016–May 2017) and
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                                                Protection, Department of Homeland
                                                                                                        Determination of Whether an                           the base year (Fiscal Year 2014), referred
                                                Security.
                                                                                                        Adjustment Is Necessary for Fiscal Year               to as (G), is 6.320; and
                                                ACTION: General notice.                                 2018
                                                                                                                                                                1 The figures provided in this notice may be
                                                SUMMARY:   This document announces                        In accordance with the amended
                                                                                                                                                              rounded for publication purposes only. The
                                                that U.S. Customs and Border Protection                 regulations in 19 CFR 24.22, CBP                      calculations for the adjusted fees and limitations
                                                (CBP) is adjusting certain customs user                 determines whether the fees and                       were made using unrounded figures, unless
                                                fees and limitations established by the                 limitations must be adjusted to reflect               otherwise noted.



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Document Created: 2017-11-01 02:02:47
Document Modified: 2017-11-01 02:02:47
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.
DatesAs of November 1, 2017, the modification and clarification to the PSC and PMS tests will be operational.
ContactFor policy-related questions, contact Randy Mitchell, Director, Commercial Operations, Revenue and Entry, Trade Policy and Programs, Office of Trade, via email at [email protected] For technical questions related to ABI transmissions, contact your assigned client representative. Interested parties without an assigned client representative should direct their questions to the Client Representative Branch at (703) 650-3500.
FR Citation82 FR 50656 

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