83_FR_48115 83 FR 47931 - Discontinuation of Customs Broker Importer Self-Assessment Pre-Certification Test

83 FR 47931 - Discontinuation of Customs Broker Importer Self-Assessment Pre-Certification Test

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

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47931-47932
FR Document2018-20581

On April 17, 2013, U.S. Customs and Border Protection (CBP) announced a test allowing customs brokers to pre-certify importers for participation in the Importer Self-Assessment (ISA) program. The Customs Broker Importer Self-Assessment Pre-Certification (Broker ISA PC) test was intended to leverage customs brokers' relationships with importers to facilitate and promote importer participation in the ISA program. Unfortunately, there was minimal importer participation in the test; thus, CBP has determined that it is not effective to continue with the Broker ISA PC test. This notice announces CBP's intention to discontinue the test and not to move forward with a permanent Broker ISA PC program.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47931-47932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20581]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Discontinuation of Customs Broker Importer Self-Assessment Pre-
Certification Test

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

ACTION: General notice.

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

SUMMARY: On April 17, 2013, U.S. Customs and Border Protection (CBP) 
announced a test allowing customs brokers to pre-certify importers for 
participation in the Importer Self-Assessment (ISA) program. The 
Customs Broker Importer Self-Assessment Pre-Certification (Broker ISA 
PC) test was intended to leverage customs brokers' relationships with 
importers to facilitate and promote importer participation in the ISA 
program. Unfortunately, there was minimal importer participation in the 
test; thus, CBP has determined that it is not effective to continue 
with the Broker ISA PC test. This notice announces CBP's intention to 
discontinue the test and not to move forward with a permanent Broker 
ISA PC program.

DATES: As of September 21, 2018, the test is discontinued.

FOR FURTHER INFORMATION CONTACT: Lori Mennitt, Acting Chief, Trade 
Compliance Branch, Cargo & Conveyance Security, Office of Field 
Operations, 202-344-3285, lori.mennitt@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION: 

Background

The Broker ISA PC Test

    On April 17, 2013, U.S. Customs and Border Protection (CBP) 
announced a test in the Federal Register (78 FR 22895) allowing customs 
brokers to pre-certify importers for participation in the Importer 
Self-Assessment program. The primary goal of the test, known as the 
Customs Broker Importer Self-Assessment (ISA) Pre-Certification (Broker 
ISA PC) test, was to leverage customs brokers' relationships to 
facilitate and promote importer participation in the ISA program, 
especially for small and medium enterprises. The Broker ISA PC test 
allowed selected brokers, referred to as ISA pre-certifiers, to pre-
certify importers for the ISA program.
    The ISA program was established in 2002 to enable interested 
importers to voluntarily participate in a program that allows them to 
self-assess their own compliance with customs laws and regulations on a 
continuing basis. See 67 FR 41298 (June 17, 2002). The ISA program is a 
joint government-business trade facilitation partnership program that 
recruits trade compliant companies to build cooperative relationships 
that strengthen trade compliance. It is based on the premise that 
importers with strong internal controls are more likely to achieve a 
high level of compliance with customs laws and regulations; thus the 
program enables CBP to recognize and support importers who have 
implemented such programs. Importers wishing to participate in the ISA

[[Page 47932]]

program submit a complete application package to CBP. CBP then reviews 
the application and begins the vetting process including a risk 
assessment and a determination of the applicant's readiness to assume 
the responsibilities of ISA.
    When the Broker ISA PC test was in operation, importers interested 
in applying to participate in the ISA program had the option of using 
either the Broker ISA PC services (most likely for a fee) of an ISA 
pre-certifier to facilitate participation in the ISA program or the 
importers could continue to apply for participation in the ISA program 
without the services of a pre-certifier. Under the Broker ISA PC test, 
an interested importer who wished to use the services of a pre-
certifier submitted a complete ISA application package to both CBP and 
the ISA pre-certifier whom they selected. If an importer used the 
services of an ISA pre-certifier, the importer noted this at the time 
it submitted its ISA application. The key benefit of using the services 
of an ISA pre-certifier was the facilitation of the ISA application 
process. In the April 17, 2013 Federal Register notice, CBP anticipated 
that the use of an ISA pre-certifier would reduce the time period from 
application to presentation to the ISA Review Board from the average 
processing time for CBP which is between 9 and 12 months to between 90 
and 120 days.

Discontinuation of the Broker ISA PC Test

    CBP announced in the April 17, 2013 Federal Register notice that it 
would review the effectiveness and feasibility of the Broker ISA PC 
test one (1) year after the date of the ISA Pre-Certifiers Orientation 
and that based on the results and lessons learned from the test, CBP 
would determine if the Broker ISA PC would be fully implemented as a 
permanent program.
    While a total of 23 brokers volunteered to participate in the test 
and 9 brokers were selected to participate in the test per the 
guidelines of the notice, the test proved unsuccessful as there was 
little participation from importers. Several importers expressed 
reservations about securing the services of a broker to conduct the ISA 
evaluations and indicated that the broker fees were cost prohibitive. 
Only three (3) importers signed up to be reviewed by the brokers. 
Because of the low participation rate, CBP has determined that the test 
and test program are not effective and has decided to terminate the 
test. As a result, the Broker ISA PC test is discontinued effective 
immediately and the test program will not be implemented as a permanent 
program.
    The discontinuation of the test and the publication of this notice 
will have no effect on the ISA program.

    Dated: September 18, 2018.
Todd C. Owen,
Executive Assistant Commissioner, Office of Field Operations.
[FR Doc. 2018-20581 Filed 9-20-18; 8:45 am]
 BILLING CODE 9111-14-P



                                                                           Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                          47931

                                               DEPARTMENT OF HEALTH AND                                confidential trade secrets or commercial              announced a test allowing customs
                                               HUMAN SERVICES                                          property such as patentable material,                 brokers to pre-certify importers for
                                                                                                       and personal information concerning                   participation in the Importer Self-
                                               National Institutes of Health                           individuals associated with the grant                 Assessment (ISA) program. The
                                                                                                       applications, the disclosure of which                 Customs Broker Importer Self-
                                               National Eye Institute; Notice of Closed                would constitute a clearly unwarranted                Assessment Pre-Certification (Broker
                                               Meeting                                                 invasion of personal privacy.                         ISA PC) test was intended to leverage
                                                 Pursuant to section 10(d) of the                        Name of Committee: National Institute of            customs brokers’ relationships with
                                               Federal Advisory Committee Act, as                      Mental Health Special Emphasis Panel;                 importers to facilitate and promote
                                               amended, notice is hereby given of the                  Development and Exploration of                        importer participation in the ISA
                                               following meeting.                                      Psychosocial Interventions for Mental Health          program. Unfortunately, there was
                                                 The meeting will be closed to the                     Disorders.                                            minimal importer participation in the
                                                                                                         Date: October 12, 2018.                             test; thus, CBP has determined that it is
                                               public in accordance with the                             Time: 8:30 a.m. to 5:00 p.m.
                                               provisions set forth in sections                                                                              not effective to continue with the Broker
                                                                                                         Agenda: To review and evaluate grant
                                               552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                                                                    ISA PC test. This notice announces
                                                                                                       applications.
                                               as amended. The grant applications and                    Place: Hyatt Regency Bethesda, One                  CBP’s intention to discontinue the test
                                               the discussions could disclose                          Bethesda Metro Center, 7400 Wisconsin                 and not to move forward with a
                                               confidential trade secrets or commercial                Avenue, Bethesda, MD 20814.                           permanent Broker ISA PC program.
                                               property such as patentable material,                     Contact Person: David I. Sommers, Ph.D.,            DATES: As of September 21, 2018, the
                                                                                                       Scientific Review Officer Division of                 test is discontinued.
                                               and personal information concerning
                                                                                                       Extramural Activities, National Institute of
                                               individuals associated with the grant                                                                         FOR FURTHER INFORMATION CONTACT: Lori
                                                                                                       Mental Health National Institutes of Health,
                                               applications, the disclosure of which                   6001 Executive Blvd., Room 6154, MSC 9606,            Mennitt, Acting Chief, Trade
                                               would constitute a clearly unwarranted                  Bethesda, MD 20892, 301–443–7861,                     Compliance Branch, Cargo &
                                               invasion of personal privacy.                           dsommers@mail.nih.gov.                                Conveyance Security, Office of Field
                                                 Name of Committee: National Eye Institute               Name of Committee: National Institute of            Operations, 202–344–3285,
                                               Special Emphasis Panel; NEI Retina                      Mental Health Special Emphasis Panel;                 lori.mennitt@cbp.dhs.gov.
                                               Applications.                                           NIMH Pilot Effectiveness Trials for                   SUPPLEMENTARY INFORMATION:
                                                 Date: October 15, 2018.                               Treatment, Preventive, and Services
                                                 Time: 3:00 p.m. to 4:00 p.m.                          Interventions (R34).                                  Background
                                                 Agenda: To review and evaluate                          Date: October 24, 2018.
                                                                                                         Time: 11:30 a.m. to 5:00 p.m.                       The Broker ISA PC Test
                                               cooperative agreement applications.
                                                 Place: National Institutes of Health, 6700B             Agenda: To review and evaluate grant                   On April 17, 2013, U.S. Customs and
                                               Rockledge Drive, Bethesda, MD 20817                     applications.                                         Border Protection (CBP) announced a
                                                                                                         Place: National Institutes of Health                test in the Federal Register (78 FR
                                               (Telephone Conference Call).
                                                                                                       Neuroscience Center, 6001 Executive                   22895) allowing customs brokers to pre-
                                                 Contact Person: Brian Hoshaw, Ph.D.,
                                                                                                       Boulevard, Rockville, MD 20852 (Virtual
                                               Scientific Review Officer, National Eye
                                                                                                       Meeting).                                             certify importers for participation in the
                                               Institute, National Institutes of Health,                                                                     Importer Self-Assessment program. The
                                                                                                         Contact Person: Marcy Ellen Burstein,
                                               Division of Extramural Research, 5635                   Ph.D., Scientific Review Officer Division of          primary goal of the test, known as the
                                               Fishers Lane, Suite 1300, Rockville, MD                 Extramural Activities, National Institute of          Customs Broker Importer Self-
                                               20892, 301–451–2020, hoshawb@                           Mental Health, NIH Neuroscience Center,               Assessment (ISA) Pre-Certification
                                               mail.nih.gov.                                           6001 Executive Blvd., Room 6143, MSC 9606,            (Broker ISA PC) test, was to leverage
                                               (Catalogue of Federal Domestic Assistance               Bethesda, MD 20892–9606, 301–443–9699,                customs brokers’ relationships to
                                               Program Nos. 93.867, Vision Research,                   bursteinme@mail.nih.gov.
                                               National Institutes of Health, HHS)
                                                                                                                                                             facilitate and promote importer
                                                                                                       (Catalogue of Federal Domestic Assistance             participation in the ISA program,
                                                 Dated: September 17, 2018.                            Program No. 93.242, Mental Health Research            especially for small and medium
                                               Natasha M. Copeland,                                    Grants, National Institutes of Health, HHS)
                                                                                                                                                             enterprises. The Broker ISA PC test
                                               Program Analyst, Office of Federal Advisory               Dated: September 17, 2018.                          allowed selected brokers, referred to as
                                               Committee Policy.                                       Melanie J. Pantoja,                                   ISA pre-certifiers, to pre-certify
                                               [FR Doc. 2018–20525 Filed 9–20–18; 8:45 am]             Program Analyst, Office of Federal Advisory           importers for the ISA program.
                                               BILLING CODE 4140–01–P                                  Committee Policy.                                        The ISA program was established in
                                                                                                       [FR Doc. 2018–20524 Filed 9–20–18; 8:45 am]           2002 to enable interested importers to
                                                                                                       BILLING CODE 4140–01–P                                voluntarily participate in a program that
                                               DEPARTMENT OF HEALTH AND                                                                                      allows them to self-assess their own
                                               HUMAN SERVICES                                                                                                compliance with customs laws and
                                                                                                       DEPARTMENT OF HOMELAND                                regulations on a continuing basis. See
                                               National Institutes of Health                           SECURITY                                              67 FR 41298 (June 17, 2002). The ISA
                                                                                                                                                             program is a joint government-business
                                               National Institute of Mental Health;                    U.S. Customs and Border Protection                    trade facilitation partnership program
                                               Notice of Closed Meetings                                                                                     that recruits trade compliant companies
                                                 Pursuant to section 10(d) of the                      Discontinuation of Customs Broker                     to build cooperative relationships that
                                               Federal Advisory Committee Act, as                      Importer Self-Assessment Pre-                         strengthen trade compliance. It is based
                                               amended, notice is hereby given of the                  Certification Test                                    on the premise that importers with
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                                               following meetings.                                     AGENCY:  U.S. Customs and Border                      strong internal controls are more likely
                                                 The meetings will be closed to the                    Protection; Department of Homeland                    to achieve a high level of compliance
                                               public in accordance with the                           Security.                                             with customs laws and regulations; thus
                                               provisions set forth in sections                        ACTION: General notice.                               the program enables CBP to recognize
                                               552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                                                                    and support importers who have
                                               as amended. The grant applications and                  SUMMARY: On April 17, 2013, U.S.                      implemented such programs. Importers
                                               the discussions could disclose                          Customs and Border Protection (CBP)                   wishing to participate in the ISA


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                                               47932                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                               program submit a complete application                   the test program will not be                          Samantha Deshommes, Chief, 20
                                               package to CBP. CBP then reviews the                    implemented as a permanent program.                   Massachusetts Avenue NW,
                                               application and begins the vetting                        The discontinuation of the test and                 Washington, DC 20529–2140,
                                               process including a risk assessment and                 the publication of this notice will have              Telephone number (202) 272–8377
                                               a determination of the applicant’s                      no effect on the ISA program.                         (This is not a toll-free number;
                                               readiness to assume the responsibilities                  Dated: September 18, 2018.                          comments are not accepted via
                                               of ISA.                                                 Todd C. Owen,                                         telephone message.). Please note contact
                                                  When the Broker ISA PC test was in                                                                         information provided here is solely for
                                               operation, importers interested in                      Executive Assistant Commissioner, Office of
                                                                                                       Field Operations.                                     questions regarding this notice. It is not
                                               applying to participate in the ISA                                                                            for individual case status inquiries.
                                                                                                       [FR Doc. 2018–20581 Filed 9–20–18; 8:45 am]
                                               program had the option of using either                                                                        Applicants seeking information about
                                               the Broker ISA PC services (most likely                 BILLING CODE 9111–14–P
                                                                                                                                                             the status of their individual cases can
                                               for a fee) of an ISA pre-certifier to                                                                         check Case Status Online, available at
                                               facilitate participation in the ISA                                                                           the USCIS website at http://
                                               program or the importers could                          DEPARTMENT OF HOMELAND
                                                                                                       SECURITY                                              www.uscis.gov, or call the USCIS
                                               continue to apply for participation in                                                                        National Customer Service Center at
                                               the ISA program without the services of                 U.S. Citizenship and Immigration                      (800) 375–5283; TTY (800) 767–1833.
                                               a pre-certifier. Under the Broker ISA PC                Services                                              SUPPLEMENTARY INFORMATION:
                                               test, an interested importer who wished
                                               to use the services of a pre-certifier                  [OMB Control Number 1615–0069]                        Comments
                                               submitted a complete ISA application                                                                            The information collection notice was
                                               package to both CBP and the ISA pre-                    Agency Information Collection
                                                                                                                                                             previously published in the Federal
                                               certifier whom they selected. If an                     Activities; Revision of a Currently
                                                                                                                                                             Register on May 31, 2018, at 83 FR
                                               importer used the services of an ISA                    Approved Collection: Application by
                                                                                                                                                             25026, allowing for a 60-day public
                                               pre-certifier, the importer noted this at               Refugee for Waiver of Inadmissibility
                                                                                                                                                             comment period. USCIS did receive two
                                               the time it submitted its ISA                           Grounds
                                                                                                                                                             comments in connection with the 60-
                                               application. The key benefit of using the               AGENCY:  U.S. Citizenship and                         day notice.
                                               services of an ISA pre-certifier was the                Immigration Services, Department of                     You may access the information
                                               facilitation of the ISA application                     Homeland Security.                                    collection instrument with instructions,
                                               process. In the April 17, 2013 Federal                                                                        or additional information by visiting the
                                                                                                       ACTION: 30-Day notice.
                                               Register notice, CBP anticipated that the                                                                     Federal eRulemaking Portal site at:
                                               use of an ISA pre-certifier would reduce                SUMMARY:   The Department of Homeland                 http://www.regulations.gov and enter
                                               the time period from application to                     Security (DHS), U.S. Citizenship and                  USCIS–2006–0042 in the search box.
                                               presentation to the ISA Review Board                    Immigration Services (USCIS) will be                  Written comments and suggestions from
                                               from the average processing time for                    submitting the following information                  the public and affected agencies should
                                               CBP which is between 9 and 12 months                    collection request to the Office of                   address one or more of the following
                                               to between 90 and 120 days.                             Management and Budget (OMB) for                       four points:
                                               Discontinuation of the Broker ISA PC                    review and clearance in accordance                      (1) Evaluate whether the proposed
                                               Test                                                    with the Paperwork Reduction Act of                   collection of information is necessary
                                                                                                       1995. The purpose of this notice is to                for the proper performance of the
                                                  CBP announced in the April 17, 2013                  allow an additional 30 days for public                functions of the agency, including
                                               Federal Register notice that it would                   comments.                                             whether the information will have
                                               review the effectiveness and feasibility                                                                      practical utility;
                                                                                                       DATES: The purpose of this notice is to
                                               of the Broker ISA PC test one (1) year                                                                          (2) Evaluate the accuracy of the
                                               after the date of the ISA Pre-Certifiers                allow an additional 30 days for public
                                                                                                       comments. Comments are encouraged                     agency’s estimate of the burden of the
                                               Orientation and that based on the                                                                             proposed collection of information,
                                               results and lessons learned from the                    and will be accepted until October 22,
                                                                                                       2018.                                                 including the validity of the
                                               test, CBP would determine if the Broker                                                                       methodology and assumptions used;
                                               ISA PC would be fully implemented as                    ADDRESSES: Written comments and/or
                                                                                                                                                               (3) Enhance the quality, utility, and
                                               a permanent program.                                    suggestions regarding the item(s)
                                                                                                                                                             clarity of the information to be
                                                  While a total of 23 brokers                          contained in this notice, especially
                                                                                                                                                             collected; and
                                               volunteered to participate in the test                  regarding the estimated public burden                   (4) Minimize the burden of the
                                               and 9 brokers were selected to                          and associated response time, must be                 collection of information on those who
                                               participate in the test per the guidelines              directed to the OMB USCIS Desk Officer                are to respond, including through the
                                               of the notice, the test proved                          via email at dhsdeskofficer@                          use of appropriate automated,
                                               unsuccessful as there was little                        omb.eop.gov. All submissions received                 electronic, mechanical, or other
                                               participation from importers. Several                   must include the agency name and the                  technological collection techniques or
                                               importers expressed reservations about                  OMB Control Number 1615–0069 in the                   other forms of information technology,
                                               securing the services of a broker to                    subject line.                                         e.g., permitting electronic submission of
                                               conduct the ISA evaluations and                            You may wish to consider limiting the              responses.
                                               indicated that the broker fees were cost                amount of personal information that you
                                               prohibitive. Only three (3) importers                   provide in any voluntary submission                   Overview of This Information
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                                               signed up to be reviewed by the brokers.                you make. For additional information                  Collection
                                               Because of the low participation rate,                  please read the Privacy Act notice that                 (1) Type of Information Collection
                                               CBP has determined that the test and                    is available via the link in the footer of            Request: Revision of a Currently
                                               test program are not effective and has                  http://www.regulations.gov.                           Approved Collection.
                                               decided to terminate the test. As a                     FOR FURTHER INFORMATION CONTACT:                        (2) Title of the Form/Collection:
                                               result, the Broker ISA PC test is                       USCIS, Office of Policy and Strategy,                 Application by Refugee for Waiver of
                                               discontinued effective immediately and                  Regulatory Coordination Division,                     Inadmissibility Grounds.


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Document Created: 2018-09-21 00:24:30
Document Modified: 2018-09-21 00:24:30
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 September 21, 2018, the test is discontinued.
ContactLori Mennitt, Acting Chief, Trade Compliance Branch, Cargo & Conveyance Security, Office of Field Operations, 202-344-3285, [email protected]
FR Citation83 FR 47931 

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