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March, 2016

CBP to pursue enforcement against ACE 3/31 deadline violators

Wednesday, March 30th, 2016

 

As posted on our website, a new ACE deadline takes effect tomorrow:

ace_dates_mar31_2016

 

Mandatory use of ACE for electronic entry summaries, associated with the following entry types: 01, 03, 11, 23, 51 and 52 without PGA data. Electronic entries and corresponding entry summaries associated with data for APHIS Lacey Act or NHTSA.

 

CBP is taking this deadline seriously with the promise of enforcement.  Per CSMS #16-000239:

 

 

  • U.S. Customs and Border Protection (CBP) published a Federal Register Notice (FRN) on February 29, 2016 (81 FR 10264) advising the trade that effective March 31, 2016 ACE is the sole electronic data interchange (EDI) system authorized by the Commissioner of CBP for processing certain electronic entry and entry summary filings.
  • CBP will be monitoring transactions in ACS to ensure that electronic filers are submitting transactions in compliance with the February 29 Notice.   Any filer found not to be filing in ACE per the terms of the February 29 Notice will be notified to cease and desist.
  • If the filer continues to file in ACS in violation of the terms of the February 29 Notice, CBP will avail itself of any enforcement actions available.

Please see our ACE Overview page for additional information.

ACE: The trade can finally reset inactive TAUs & PTAOs on its own

Tuesday, March 29th, 2016

seal_acePer CSMS #16-000236:

Effective today, ACE Trade Account Owners (TAOs) will have the ability to reset an inactive Trade Account User (TAU) account and an inactive Proxy Trade Account Owner (PTAO) account using the following instructions:

*TAO User: Reset an Inactive TAU Account*

1. Login to your ACE TAO Account.

2. Select the Tools tab. The User Access page with the list of users associated with the TAO account displays.

3. Select the TAU account hyperlink. The Account User Information page displays. Verify the Trade Account User radio button is selected.

4. Select the Continue button. The Single Sign-on Partner Access page displays. This page contains the new Reset Password and Activate Account button.

5. Select the Reset Password and Activate Account button.

6. Select the OK button to verify the “Are you sure you want to reset password and activate this user account?” message.

A message displays to indicate the “Request to Reset Password and Activate Account has been submitted. Please allow 10 minutes for this process to complete”.

Note: You will receive an email from aceuserservice@cbp.dhs.gov. Select the hyperlink for the new password.

Note: You will be required to Enter the Shared Secret. Your ACE account ID is the Shared Secret. You will now be able to login to your TAU account.

*TAO User: Reset an Inactive PTAO Account*

1. Login to your ACE TAO Account.

2. Select the Tools tab. The User Access page with the list of Users associated with the TAO account displays.

3. Select the PTAO account hyperlink. The Account User information page displays. Verify the Proxy Trade Account Owner radio button is selected.

4. Select the Continue button. The Single Sign-on Partner Access page displays. This page contains the new Reset Password and Activate Account button.

5. Select the Reset Password and Activate Account button.

6. Select the OK button to verify the “Are you sure you want to reset password and activate this user account?” message.

A message displays to indicate the “Request to Reset Password and Activate Account has been submitted. Please allow 10 minutes for this process to complete”.

Note: You will receive an email from aceuserservice@cbp.dhs.gov. Select the hyperlink for the new password.

Note: You will be required to Enter the Shared Secret. Your ACE account ID is the Shared Secret. You will now be able to login to your PTAO account.

 

ACE Cargo Release: CBP to resolve FDA/CBP HTS dilemma this summer

Monday, March 28th, 2016

fdalogo

 

While the launch of ACE is transforming and modernizing the way the trade does business, the process is not without its hiccups.  US Customs just acknowledged a significant glitch — an inconsistency between the number of HTS codes that CBP and FDA permit in a single line in entries.  The good news is that the agencies are addressing the issue and expect resolution this summer.

 

 

Per CSMS #16-000233:

  • Cargo Release was designed in the same manner as Entry summary to allow the transmission of up to 8 HTS codes within a single CBP line. FDA cannot accept entries where within a single CBP line there is more than one HTS code with FDA data. Both CBP and FDA are aware of the issue.
  • In order to submit FDA data properly, trade must provide only one HTS code with FDA data on each CBP line. In this manner FDA can accept up to 999 CBP lines per entry. CBP and FDA will be working on this issue to enhance system capability and allow for trade to submit multiple HTS codes with FDA lines on a single CBP line. Work is currently underway to complete this functionality by mid to late Summer 2016.

Expanded Panama Canal set to open June 26

Friday, March 25th, 2016
© 2015 Canalmuseum.com

© 2015 Canalmuseum.com

The expansion of the Panama Canal, a $5.3 billion project almost two years behind schedule and plagued by cost overruns and contractor disputes, will open on June 26, according to Canal Authority Administrator Jorge Quijano.

The expansion may shift international trade routes, allowing ships to reach Asia from the U.S. Gulf Coast more than two weeks faster than they would going east through the Suez Canal. It’ll make room for vessels with the capacity to carry 12,600 containers, almost three times what the existing locks permit, and will be able to handle tankers carrying liquefied natural gas.

The Canal project has been a major force in driving US port improvement projects to accommodate the larger ships.

 

Useful import guide for FCC-regulated cargo

Thursday, March 24th, 2016

fcc-logo_white-on-blackMany in the trade have only a limited understanding of which imported products are subject to FCC regulation and must be declared on entry.  Generally speaking, importers are aware that computers, monitors, printers, microprocessors and the like trigger FCC review, but technically the reach is broad.  According to FCC’s Equipment Authorization Approval Guide – Importation:

*      The FCC regulates radio frequency devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means.
*      These products have the potential to cause interference to radio services operating in the radio frequency range of 9 kHz to 3000 GHz. Most, but not all, of these products must be tested and demonstrate compliance to FCC rules for each type of electrical function (referred to as a device) that is contained in a product.

As suggested in the Approval Guide, the relevant HTS numbers have been flagged in ACE to provide additional guidance if you have specific questions on particular products..  This information is fairly fluid so it may be best to gain access to it through an ABI software vendor.   CustomsNow™ offers a robust, stand-alone Import Trade Management solution (parts file) to store and manage ALL information for US imported products. Our ITM solution holds up to 134 item attributes – that’s EVERYTHING that CBP or PGAs such as FCC require at the time of entry. We also have a home to tie related documentation, such as C/O certs, rulings, and more, directly to the item.

 

 

Updates to ACE reporting functionality

Wednesday, March 23rd, 2016

Screen Shot 2016-03-23 at 9.41.32 AM

From US Customs’ March 2016 ACE Monthly Trade Update:

On February 15, 2016, CBP retired infrequently used ACE Reports to finalize the transition to the new workspace model for all report users. Users were informed that their “Shared” and “My Favorites” folders would not be impacted by this change. CBP also mentioned to users that if they wished to maintain access to any of the reports scheduled for retirement, they could do so by saving a copy of the report to the “Shared” and “ My Favorites” folders for future use.

In addition, CBP redesigned the “Home” tab with a new ACE Home Landing page with hyperlinks enabling trade to quickly access ACE reports, training information, and view the latest updates and find helpful tips. The “Documents” tab was also updated and the “Account Management,” “Account Revenue,” “Entry Summary,” “Multi-Modal Manifest,” and “Transactions” folders were removed and replaced by the “ACE Home,” “Trade Workspaces,” and “Training” folders. The new reports folder structure combines all available report types by account view, using a new tabular format which groups by data universe name.

A document listing all the Retired ACE Reports is available here.

ACE Cargo Release: Some original paperwork still required for now

Tuesday, March 22nd, 2016

paperstackACE is moving the trade to its long-stated goal of paperless processing.  To that end, filers must submit supporting documentation via ACE’s Document Image System (DIS).  However, some PGAs, for the time being, will require submission of original paper documents.

The Los Angeles/Long Beach Seaport “is working to standardize the receiving and processing or physical paper documents for ACE Cargo Release Entries” via specifically labelled “ACE” drop-boxes at the ports.  In addition, there are specific requirements imposed for the cover sheets that accompany the physical papers.  Details are available here:  LA&LB Ports Interim Procedures Regarding Paper Documents for ACE Cargo Release Entries.

As a reminder, LA/LB has also established a process for submission of original paperwork for live entries.

Update to 4 FDA Data Elements for ACE Entries

Monday, March 21st, 2016

FDA-Logo

 

Per CSMS #16-000210:

 

Please be advised that that FDA will temporarily allow submission of ACE entries without transmission of four (4) data elements currently listed as mandatory in the FDA Supplemental Guidance document.

 

 

The four impacted data elements are:

• Intended Use Code,

• Brand Name,

• Device Listing Number (LST), and

• Active Ingredient Producer (Entity Role Code “GD”)

If filers are unable to obtain this information at the time of transmission, a value of “UNK” (unknown) will be allowed to assist in the transition from ACS to ACE.

Beginning April 4, 2016, in addition to the syntax currently listed in FDA’s Supplemental Guide:

• UNK will be a valid syntax for Intended Use Code.

• UNK will be a valid syntax for PG07 Brand Name.

• UNK will be a valid syntax for description of Affirmation of Compliance “LST.”

• Entity role code “GD” is temporarily not required for the Active Ingredient Producer.

FDA will be hosting a webinar to review the technicality of these temporarily changes on March 23, 2016. To attend please register here.

Please note: FDA requires the information associated with these four data elements in order to make an admissibility decision. Failure to transmit the complete information, including a value of “UNK”, will result in CBP rejecting the entry. If the correct information or UNK is provided, FDA may request documentation and further information about the entry. FDA highly encourages filers to transmit complete data sets, including Intended Use, Brand Name, Device Listing Number, and Active Ingredient Producer, when required by the specific commodity. Filers that transmit complete information will receive priority review of entries and an expedited review process.

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Finally, on a related note, there is an FDA webinar on March 29 about on the status of the ACE/ITDS pilot (with a focus on Animal and Veterinary products, and Biologics), which provides the opportunity to learn how to prepare and participate in the pilot.  Details here.  [March 22, 2016 Update:  The March 23rd FDA ACE Webinar on the Change to Four Data Elements in the FDA Supplemental Guide, has reached capacity and registrations are now closed. A recording of the webinar will be available here within 3-4 business days after the event: ]

AgTC supports USCG admiral’s SOLAS interpretation

Monday, March 14th, 2016

uscgFrom the Journal of Commerce*:

  • A group of U.S. agricultural exporters has endorsed a Coast Guard’s admiral’s view that compliance with international container-weighing rules should be handled as a “business practice” instead of through regulatory enforcement.
  • The Agriculture Transportation Coalition’s statement came hours after container ship lines urged Coast Guard Commandant Paul Zukunft to countermand Rear Admiral Paul Thomas’ interpretation of new International Maritime Organization rules for container weight verification.

There has been much confusion and handwringing in the trade ever since the new verified gross mass (VGM) requirement enacted by the International Maritime Organization earlier this year.

(*JOC site registration may be required)

 

FDA imports? CBP’s latest ACE webinar is for you

Friday, March 11th, 2016

fdalogo

 

Per CSMS #16-000179:

FDA’s Office of Enforcement and Import Operations will host a two free webinars to provide an update on the status of the ACE/ITDS pilot, and offer you the opportunity to learn how to prepare and participate in the pilot.

 

 

  • The first webinar, to be held on March 15, 2016,  1:30 – 3:00 p.m. ET, will also help you understand FDA’s data requirements for processing entries in ACE, specifically, Drugs, Medical Devices, and Radiation-Emitting Products.  Register here.
  • The second webinar, to be held on Tuesday, March 29, 2016, 1:30 – 3:00 p.m. ET, will also help you understand FDA’s data requirements for processing entries in ACE, specifically, Animal and Veterinary products, and Biologics.  Register here.