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Invest in technology to improve visibility to your inbound supply chain

Wednesday, September 21st, 2016

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GTNexus has just published a free white paper, “Visibility in the Inbound Supply Chain: Finding a Clear Competitive Advantage as Complexity Grows.

The key takeaway of the report:

The companies that are gaining a competitive edge are the ones investing in technology that can greatly improve inbound visibility and best address the current challenges in the market. They’re using systems that provide end-to-end visibility into inventory and supply chain activity across the globe.

Some of the many advantages of increased visibility, besides the elimination of outdated manual processes, include:

 

  • Increasing supplier collaboration
  • Improving supply chain agility and reducing inventory
  • Reducing transportation spend
  • Tracking actual landed costs as they accrue
  • Meeting regulatory compliance requirements and streamlining the customs process

The CustomsNow™ ACE-compliant SaaS solutions can help achieve these benefits, especially improvements in customs compliance, release processing, and visibility to the Customs and Partner Government Agency (PGA) status.  For example:

Self-filing (direct filing)

  • By filing entries directly, importers have immediate access to the current status of their import shipments – specifically, visibility to CBP holds (both compliance and security related), PGA holds, and more.
  • For certain types of holds, these importers are better positioned to ensure that the agency has the information needed to make an admissibility decision.
  • Direct filers are able to run AMS queries to verify clearance and avoid delivery delays.

ACE Cargo Query System

  • Provides a real-time electronic (paperless) system that provides immediate proof of U.S. Customs and (as available) PGA cargo release for entries filed in ACE
  • Container freight stations (CFS), bonded warehouses, terminal facilities, and freight forwarders need this. Non-automated parties MUST get automated to obtain electronic proof of CBP and PGA release.

Contact us today to learn more!

Click here to download the GT Nexus visibility white paper (site registration required)

Webinar: Top 10 things to do if you receive an Informed Compliance letter from CBP

Thursday, September 15th, 2016

URGENTCritical information from our friends at DeLeon TradeBraumiller Law Group, and the Law Office of George R. Tuttle.  who are hosting a free webinar on September 29 from 11:00am – 12:30pm CST to discuss how to respond to a US Customs Informed Compliance letter.  Register here.

CBP has begun to issue informed compliance notification letters to importers. The receipt of an informed compliance notification letter means Regulatory Audit has identified specific problems with the company’s import transactions and is “strongly considering” the company for a comprehensive audit. These audits may include both substantive transaction testing and internal control testing.

These letters advise importers that, while they are not required to make a prior disclosure, they may elect to file a disclosure with CBP. The letters go on to state that, because the company has been provided information relating to specific problems with their import transactions, “violations that may occur in the future could result in seizures and forfeitures of imported merchandise and/or the assessment of monetary penalties.”

Below is a summary of the top 10 actions to consider once receiving an informed compliance letter. 

  1. Consider the Meaning of the Letter. CBP has explained that these letters are a courtesy notification that an audit and/or investigation may be forthcoming. These letters are not random. Why did they send you the letter? Don’t blind side your management, tell them about the letter and what it might mean for the company. Should your company sign and return the letter? What does it mean if you do?  Who should sign? Is there another way?
  2. Get Educated! Have you read the CBP Informed Compliance Publications provided to you via the letter and other sources available on CBP’s website to understand your legal requirements? Attend training and webinars to increase your knowledge and understanding of CBP requirements.
  3. Conduct a Risk Assessment. Focus on the risks identified in the Informed Compliance letter as well as Anti-dumping Duty and Countervailing Duty risk. We also recommend confirming any corrective actions in prior disclosures are working as intended, and review the results of CBP Form 28s, CBP Form 29s, post summary corrections submitted to CBP, as well as any internal post entry audits conducted by the company.
  4. Test and Measure Your Compliance Level. Are you audit ready in all risk areas? CBP may start with the risk area identified in the letter but, if audited, CBP auditors can and frequently do expand and review all risk areas. Conduct targeted sampling based on risk.
  5. Get Management Buy-in. Use data metrics, identify possible loss of revenue and corresponding penalties for your management team.
  6. Evaluate Your Internal Control Program. Include all 5 components of COSO-based internal control. Ensure you have a manual that is audit ready, develop/implement a robust post entry audit process, and ensure you have strong broker management procedures and a dedicated, well-educated compliance team.
  7. Consider a Prior Disclosure. If you find past non-compliance consider the pros and cons of filing a Prior Disclosure to protect the company from penalties. Statistical sampling is a valuable tool to use to limit work. To ensure prior disclosure rights are not cut off, consider filing an initial notice, which would then be completed via a perfected prior disclosure.
  8.  Develop a Corrective Action Plan. Make a plan that will strengthen internal controls to ensure errors do not reoccur. When they do, conduct a root cause analysis.
  9. Implement Corrective Action. Make sure that your corrective action plan is working. Retest compliance levels to validate new controls are working and are effective.
  10. ACT NOW! Don’t wait until CBP is at your door!

ACE: More CBP guidance on filing drawback claims

Wednesday, September 14th, 2016

dutydrawbackIn follow up to yesterday’s post on changes to drawback filings that are effective October 29, please note that US Customs has revised the ACE Entry Summary Business Process document (now version 7.5a – Trade) in which Section 18, the drawback section, has been clarified and addresses feedback from the trade community.   Together, these two resources should provide filers with the latest guidance on filing drawback claims.

 

 

ACE: What’s changing for drawback filings?

Tuesday, September 13th, 2016

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As we’ve recently blogged, US Customs has moved the long-standing ACE deadline of October 1 to October 29 for numerous post-release capabilities, including duty drawback.

CBP has posted a summary of the changes for filing in ACE vs ACS, effective October 29:

  • Filers (both ABI and non-ABI) will submit only Entry type 47 for drawback; entry types 41-46 have been consolidated to the type 47 entry and will no longer be valid.
  • When submitting a drawback claim, filers will now provide the applicable provision.  The drawback provision is an existing data element from paper claim form 7551.  If transmitting using ABI, it will need to be specified in the 10 record. The list of Provisions can be found in appendix A in the Drawback CATAIR.
  • CBP Form 7551, Drawback Entry, and CBP Form 7552, Certificate of Manufacturer, will no longer be required when filing an ABI drawback entry.
  • There will be a limit of 5,000 import, manufacturing, and export or destroyed records per drawback claim.  Filings will be permitted at the 10 digit Harmonized Tariff Schedule (HTS) line level and required at the 6 digit HTS line level.  For Petroleum type filings, 8 digit HTS will be required.
  • Trade filers will also be required to provide an action indicator for each import and/or manufacturing record, informing CBP of the end result of the import.
  • Filers will also need to upload documents via the Document Image System (DIS) to complete the drawback claim.  If additional information is required, CBP will send a CBP Form 28 (Request for Information) to the filer through the ACE Portal or by U.S. mail.  ABI filers may submit a response to the CBP Form 28 using the ACE Portal or DIS.  Non-ABI filers may respond by mail.

There is much more helpful guidance posted on CBP’s website, including FAQs and links to additional resources.

Update: Guidance for cargo moving in-bond from an FTZ to bonded warehouse

Monday, September 12th, 2016

 

 

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In follow up to our recent blog post on this topic, US Customs has announced that it expects to deploy a fix on September 15 to address a glitch in ACE requires filers of certain in-bond entries to contact their CBP client representatives to intervene, for the time being, to generate an arrival message.

See CSMS 16-000803 for details.

 

 

CBP’s formal announcement on ACE deadline move to Oct 29

Thursday, September 8th, 2016

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In follow up to yesterday’s blog post, here is US Customs’ official announcement of the move of the October 1 ACE deadline to October 29:

U.S. Customs and Border Protection (CBP) has been assessing stakeholder readiness for the mandatory transition of post-release capabilities in ACE and has heard from key industry partners on the need for additional flexibility in this transition.  As a result, CBP is moving this date from October 1, 2016 to October 29, 2016 to allow additional time for our trade stakeholders to transition these capabilities to ACE.

This adjustment affects the mandatory filing of liquidation, drawback, reconciliation, duty deferral, collections, statements, and automated surety interface. 

All capabilities included in the October 29, 2016 transition that are planned for but not yet deployed to the Certification environment (CERT) will be operational in CERT, and all known prioritized issues will be resolved, no later than September 30, 2016.

While CBP has implemented the capability for most Partner Government Agency (PGA) data to be filed electronically in ACE, trade users may continue to file a combination of CBP electronic data and PGA paper forms where that is currently permitted. 

APHIS Lacey, NHTSA, FDA and as of 9/20/16, NMFS, data is required to be filed electronically in ACE. 

For PGA data that is not required to be filed electronically in ACE, filers may file using options currently specified as available for those PGAs.

CBP will continue to coordinate and communicate as required the conclusion of PGA pilots via public notices.

To ensure quick resolution of any issues that may arise following the October 29th deployment, CBP will stand up an operations center to support the transition to ACE for post-release capabilities for CBP users. Trade users will continue to contact their assigned Client Representative as the first line point of contact. Client Representatives will escalate trade issues as needed to the operations center.  Additional information on support during the transition will be published prior to the October 29th deployment.

The information in this notice will be posted on cbp.gov by September 8.

ACE: CBP moves Oct 1 deadlines to Oct 29

Wednesday, September 7th, 2016

ace logo 2016

 

 

 

 

 

 

From: KORPUSIK, FRANK J (CTR) [mailto:FRANK.J.KORPUSIK@cbp.dhs.gov]
Sent: Wednesday, September 7, 2016 11:06 AM

Trade Support Network (TLC) Members: 

U.S. Customs and Border Protection (CBP) has been assessing stakeholder readiness for the mandatory transition of post-release capabilities in ACE and has heard from key industry partners on the need for additional flexibility in this transition.  As a result, CBP is moving this date from October 1, 2016 to October 29, 2016 to allow additional time for our trade stakeholders to transition these capabilities to ACE.

This adjustment affects the mandatory filing of liquidation, drawback, reconciliation, duty deferral, collections, statements, and automated surety interface.

All capabilities included in the October 29, 2016 transition that are planned for but not yet deployed to the Certification environment (CERT) will be operational in CERT, and all known prioritized issues will be resolved, no later than September 30, 2016.

While CBP has implemented the capability for most Partner Government Agency (PGA) data to be filed electronically in ACE, trade users may continue to file a combination of CBP electronic data and PGA paper forms where that is currently permitted.

  • APHIS Lacey, NHTSA, FDA and as of 9/20/16, NMFS, data is required to be filed electronically in ACE.
  • For PGA data that is not required to be filed electronically in ACE, filers may file using options currently specified as available for those PGAs.
  • CBP will continue to coordinate and communicate as required the conclusion of PGA pilots via public notices.

To ensure quick resolution of any issues that may arise following the October 29th deployment, CBP will stand up an operations center to support the transition to ACE for post-release capabilities for CBP users. Trade users will continue to contact their assigned Client Representative as the first line point of contact. Client Representatives will escalate trade issues as needed to the operations center.  Additional information on support during the transition will be published prior to the October 29th deployment.

The information in this notice will be posted on CBP.gov/ACE by September 8.

 

Regards

Frank Korpusik

Contractor, CBP ACE Business Office

Office: 571-468-5477

Cell: 703-624-3915

Frank.j.korpusik@cbp.gov

Summary of changes to ACE entry liquidation notice process effective Oct 1

Tuesday, September 6th, 2016

October  1. Vector flat daily calendar icon. Date and time, day, month. Holiday.Update from US Customs on Liquidation in ACE:

On October 1, 2016 CBP will deploy liquidation capabilities in its ACE, at which time liquidations will no longer be processed in its legacy ACS system. An Interim Final Rule (IFR) will be published prior to October 1st announcing liquidation capabilities in ACE.

The following is a summary of the high level changes for processing liquidations in ACE

  • New Weekly Processing: Liquidations will no longer occur on a two-week cycle. Starting October 1st, liquidations will process weekly, with entry summaries liquidating every Friday. Once an entry summary is liquidated, ACE will automatically populate a liquidation date equal to the next immediate Friday – for liquidations processed before 12pm EST, liquidations will post Friday of the same week; liquidations occurring after this timeframe will post the following Friday.
  • Electronic Bulletin, No More Paper Postings: CBP will no longer print the C16 notices for posting to the liquidation bulletin. This process will be replaced with an entirely electronic bulletin available on CBP.gov that will update every 90 minutes. The electronic bulletin provides public notice, and an ACE account will not be required to access this bulletin. Liquidations will be posted 365 days a year, including holidays. The trade will be able to search the electronic bulletin by filer or date the event occurred. Postings will be kept online for 18 months to allow time to search for a liquidation. After 18 months, a request will need to be made to CBP to view a past liquidation. For entry summaries with liquidation dates in the future, the liquidation reports will no longer display as “liquidated” and will instead display “pending” as the liquidation status.
  • Extensions and Suspensions: CBP will no longer print notifications of extension and suspension. The electronic bulletin will serve as the official notice for extensions and suspensions. Extensions and suspensions will post same day to the bulletin within 90 minutes of the extension and suspension action. Sureties and filers will continue to receive extension and suspension courtesy notices, which will be sent via ABI. Those filing in paper will not receive a courtesy notice, they will only be available to those filing electronically. If necessary, a liquidation may be extended up to three years. Reports will be available for CBP and the trade to view extension and suspension records.
  • Temporary Importations Under Bond (TIB) Extensions: TIB Extensions requested by trade will automatically be accepted in ACE, but CBP will have the ability to deny an extension as necessary. TIBs may only be extended for up to two years.
  • Deem Liquidations: For entry summaries that are deem liquidated, they will display on the electronic bulletin as “deem liquidated” for the basis of liquidation. If no action has been taken to extend or suspend, an entry summary will deem liquidate at 365 days.

Take the 2016 ACE Trade User Satisfaction Survey

Wednesday, August 31st, 2016

 

ace logo 2016

Per CSMS #16-000757:

The 2016 ACE Trade User Satisfaction Survey is now available for trade response. U.S. Customs and Border Protection (CBP) strongly encourages all Importers, Exporters, Brokers, Software Developers, Carriers, and other trade community users of the ACE System to take this 5 -10 minute survey as soon as possible. Your input will allow CBP to formally gauge areas where ACE is doing well and where improvement is needed. A large response will ensure that there is greater statistical validity to the results. This survey will close at midnight on September 19th.

Take the survey.

CBP: Proposed regs to modernize TSCA importation process

Tuesday, August 30th, 2016

man in white coat pouring orange liquid with into a glass

 

 

 

 

 

 

 

 

 

 

 

US Customs, in conjunction with EPA, is proposing to amend the regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing chemicals into the United States as follows:

  1. Revise/clarify the definitions of “chemical substance”, “chemical substance in bulk form” and  ‘‘chemical substances, mixtures, or articles’’
  2. Provide an electronic option for filing TSCA certifications in ACE
  3. Eliminate the existing paper-based blanket certification process.
  4. Allow importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice process allowed under the existing regulations

The public comment period closes on September 28, 2016

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