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FWS Asked to Consider Trusted Trader Concept to Reduce ACE Reporting Requirements
December 5, 2016 |Other U.S.

Trade industry representatives suggested to Fish and Wildlife Service officials during a recent meeting that it use a trusted trader program to help reduce some ACE data reporting requirements that are set to expand in 2017 (see 1611140019). Trade leaders met with the FWS officials during the East Coast Trade Symposium, according to an email from the National Customs Brokers & Forwarders Association of America. Several trade groups recently wrote a letter to FWS about the added data requirements (see 1611210004). During the meeting, "numerous proposals surfaced -- including a trusted trader concept that allowed companies to be vetted in advance," the NCBFAA said. William Woody, chief of the FWS Office of Law Enforcement "promised to address the issues raised and requested examples from the trade of where data would be required for regulated components of minimal value," the trade group said. Also discussed was the end to the Designated Port Exception Permit program, which allowed for FWS-regulated goods to enter at ports with no FWS staff present. "Woody acknowledged the consternation of ports such as Savannah and promised to work to resolve the budgetary and other issues that prompted the proposal," according to the NCBFAA. The meeting was led by Jon Gold, vice president of supply chain and customs for the National Retail Federation, and Woody, the NCBFAA said.

Adverse Inferences Under AD/CV Duty Evasion Investigations Unlikely to Apply to CF 28
December 5, 2016 by Tim Warren|Top News

CBP is unlikely to make new adverse inferences about companies that are unaware of antidumping or countervailing duty evasion allegations and don't respond to information requests, said Carrie Owens, acting CBP director of operations for Enforce and Protect Act and E-Allegations. Owens discussed the EAPA procedures and the use of adverse inference (see 1608190014) during a panel at the East Coast Trade Symposium on Dec. 2. "If a party is not aware it is being requested information pursuant to an EAPA investigation, my personal view is I'm unsure how we would then apply an adverse inference to that," she said. That includes responsiveness to Customs Form 28 that CBP may issue as part of the investigation, Owens said.

Drawback Filing in ACE to Begin Jan. 14, CBP Says
December 1, 2016 |Customs

All drawback claims must be filed in ACE beginning on Jan. 14, 2017, CBP said in an update to its frequently asked questions on ACE drawback (here). “Yes, all types of drawback claims must be submitted in ACE starting on Saturday January 14, 2017,” CBP said, answering a question on whether manufacturing drawback claims must be submitted on that date. Open Automated Commercial System drawback claims submitted shortly before the transition will be migrated to ACE, it said in another recently added answer. CBP is also looking to move its other post-release capabilities into ACE in mid-January, a CBP spokeswoman said, without giving a firm date. "CBP is targeting mid-January for the deployment and mandatory transition of the remaining post-release capabilities, including drawback, reconciliation, liquidation, duty deferral, collections and statements. The precise date of deployment/mandatory transition is dependent on the publication of the liquidation Final Rule," she said. "CBP will issue additional guidance on the precise date of deployment/mandatory transition in the near future."

Topics:Drawback
CBP Expands Pilot for Commercial Truck User Fee Automation to All Land Border Crossings
November 29, 2016 |Customs

CBP expanded its test of automation and prepayment of commercial truck single-crossing fees as part of an effort to eliminate cash and credit card collections, the agency said in a news release (here). Previously only at the Buffalo, Detroit and El Paso ports (see 1605020013), the program will now be available at all commercial land border crossings, it said. “Providing the trucking industry with an online payment option will ultimately decrease wait times and allow CBP officers to focus more closely on enforcement issues,” said Executive Assistant Commissioner, Office of Field Operations Todd Owen.

FDA Keeps Flexibility for Some Optional Data Elements in ACE Filing Final Rule
November 28, 2016 by Brian Feito|Top News

The Food and Drug Administration is adopting the flexible approach urged by industry for filing in ACE of some data elements that may not be known at time of entry, in its final rule setting ACE filing requirements (here). Data elements for active pharmaceutical ingredients will remain optional, and the agency will continue to allow for a “UNK” intended use code where the intended use code is unknown at time of entry, the final rule said. However, FDA declined to allow more time for implementation of new ACE requirements, setting an effective date of Dec. 29 despite calls to allow several months for implementation.