CBP posted a "list of all agency forms or data required at time of entry or entry summary filing that must be electronically submitted" in the Automated Commercial Environment as of Nov. 1. The list (here) includes information on forms and data requirements by associated agency, program/commodity, and includes related status for pilots, working groups, and technical documentation. It also shows whether the forms will be submitted via the PGA Message Set or Document Image System (DIS). Filing in ACE will be mandatory for electronic entries and entry summaries starting Nov. 1. CBP and other federal agencies "are working to ensure that any forms/data required at time of entry or entry summary are supported in ACE" by Nov. 1, said CBP.
Automated Commercial Environment (ACE)
The Automated Commercial Environment (ACE) is the CBP's electronic system through which the international trade community reports imports and exports to and from the U.S. and the government determines admissibility.
CBP's slowness to write policies for automation as the agency moves quickly to deploy new capabilities is one area of concern ahead of the coming Automation Commercial Environment deadlines, said Amy Magnus, A.N. Deringer's director of customs affairs and compliance. Magnus, who was recently chosen to be on the next CBP Advisory Committee on Commercial Operations, discussed ACE on a March 31 panel at the Northeast Trade and Transportation conference hosted by the Coalition of New England Companies for Trade in Newport, R.I. "With automation, there are changes in processes," she said. "With changes in processes, there really should be updated policies to go along with it. And updated policies in written form so that we aren't guessing, so everybody knows what the rules are." While CBP should be applauded for moving quickly on the agile deployment of ACE "they sometimes are not as quick to roll out written policies and procedures around that automation," she said.
CBP is seeking participants in a new Directorate of Defense Trade Controls working group to inform its development of the Automated Commercial Environment. The DDTC working group, comprising DDTC-regulated importers and software developers, will hold weekly conference calls to review DDTC’s partner government agency (PGA) message set in ACE, as well as the impacts of the International Trade Data System on DDTC-regulated importation processes in general, said CBP in a CSMS message (here). Importers and software developers interested in participating should email the relevant CBP and trade community working group leads by April 3, said CBP (here).
CBP is extending the comment period to April 29 for an existing information collection on Entry and Immediate Delivery applications and Automated Commercial Environment Cargo Release. CBP proposes (here) to extend the expiration date of this information collection with a change in the burden hours resulting from the transition from Form 3461 to ACE Cargo Release.
CBP is now allowing testing simplified entry of cargo that's subject to antidumping/countervailing duty proceedings, it said in a notice (here). The Automated Commercial Environment cargo release pilot, previously known as simplified entry, will also now allow for filing for release of split shipments, partial shipments, and cargo that's been moved in-bond, said CBP. This test expansion follows another change made last month to allow for combined entry and importer security filing data (see 1502090010).
The Food and Drug Administration will begin a pilot on July 1 to test filing in the Automated Commercial Environment, said Domenic Veneziano, FDA director of import operations, during a March 24 webinar (here). The pilot will identify any issues with the use of ACE to file and release FDA-regulated entries in advance of the Nov. 1 deadline for mandatory filing and cargo release, said Veneziano. CBP expects to issue a Federal Register notice in April or May to provide details on the pilot, such as eligible commodities and ports, and request participation from industry, said Veneziano and CBP’s Elizabeth McQueen, who leads CBP’s International Trade Data System branch.
The Agricultural Marketing Service is amending its regulations to reflect electronic filing procedures currently in use for certifications that fruits, vegetables and specialty crops are exempt from marketing order grade, size, quality and maturity requirements, in an interim final rule that takes effect March 30 (here). The agency is also removing outdated language on grade exemption certifications for dates and raisins. AMS says the regulatory changes will support implementation of the International Trade Data System by allowing for filing of exemption certificates through the Automated Commercial Environment. Comments on the interim final rule are due May 26.
CBP posted some statistics on Automated Commercial Environment use during February (here). There's 23,821 ACE trade accounts and 61,815 approved ACE portal users, said CBP. While the statistics do show an uptick in ACE use compared to January, CBP notes "only seven ACE cargo entry filers submitted over 10% of their total cargo entries in ACE."
Some government agencies may require document image system (DIS) form submissions as of Nov. 1 in place of Partner Government Agency message set filings during an interim stage, said Elizabeth McQueen of CBP's Automated Commercial Environment business office during a webinar. "For a given form, that's currently in paper that's going to be moved into electronic processing, it actually could be that we go PGA Message Set or it could be DIS, depending on the form and depending on the circumstance," she said. There are a number of reasons CBP would initially require DIS submissions, including "the readiness of the PGA to take in the individual data elements or it could be a rulemaking," she said. As of Nov. 1, CBP will require that all electronic cargo release filings be in ACE.
CBP should move to update the Business Rules document on Automated Commercial Environment Summary soon, National Customs Brokers & Forwarders Association of America leaders recently told Brenda Smith, CBP assistant commissioner. "Although there is a Business Rules Document on ACE Summary, there is still some effort needed to update this publication," said the trade group's president, Geoffrey Powell, on the NCBFAA site (here). "There is an urgent need for the Business Rules document for Cargo Release as soon as possible, as opposed to April/May timeframe," he said. The document is important for training the industry and CBP, said Powell. "Many of our members rely heavily on the ACE Summary Business Rules Document daily when communicating with CBP, so there is mutual understanding of the issue at hand and how it needs to be addressed."