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NCBFAA comments to CBP’s proposed electronic notice of liquidation rules

Tuesday, November 22nd, 2016

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In follow up to our recent post regarding US Customs’ proposal to modernize the paper-based Notice of Liquidation process by making it a paperless electronic system, NCBFAA has submitted comments to the proposed regulations.  The comments are generally supportive of CBP’s efforts, but include suggestions to improve the new process:

 

  • The NCBFAA supports the posting of liquidation information to the www.CBP.gov website provided that the link is indeed conspicuous. In this regard, we believe that the regulation should specify that the liquidation link will be visible on the CBP home page so that it is indeed conspicuous and remains so without regard to current or future website design. The trade should not have to search the website to locate the liquidation link.
  • The commentary to the NPRM provides that once the liquidation information has been posted electronically, the information will be available on www.cbp.gov for a minimum of 15 months. This commitment is not echoed in the draft regulation and it should be. This is critical for issues relating to the timeliness of claims and jurisdiction in the Court of International Trade. Similarly, the process for requesting access to notices that are no longer available on the website should be codified in the regulations.
  • The NPRM proposes to modify section 159.9(c)(2)(i) but continue to provide that for entries that liquidate by operation of law, notice “will be posted on www.cbp.gov within a reasonable period after each liquidation by operation of law.” In the electronic environment, CBP has the ability to post these liquidations immediately when they occur. There is no longer a basis for delayed notification and the regulation should be revised to provide that notice of liquidation for these entries will be posted on the date of liquidation. There is no basis to distinguish these entries from entries which are manually liquidated.

 

 

CBP’s ACE Status Update Call now will be weekly

Friday, November 18th, 2016

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Per CSMS #16-000952

In response to the reduced volume of incoming questions on the ACE Status Update Call, beginning on Tuesday, November 22, the ACE Status Update Call will become a weekly call held on Tuesdays at 2:00PM EST. As CBP approaches the targeted deployment of post-release capabilities to ACE in January 2017, the ACE Business Office will reevaluate the needs of the trade community and increase the frequency of the calls, if necessary.

For those already included in the email invitation for the ACE Status Update Call, the invitation will be updated to reflect this schedule change. If you have not received the email invitation and would like to be added, please email AskACE@cbp.dhs.gov and request to be included.

Call-in information:  1-877-336-1828, call ID 6124214.

ACE: CBP needs your testimonials for documentation of achievements

Tuesday, November 15th, 2016

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From the ACE Business Office…

 

Trade Support Network:

At a November 9th TLC meeting Josephine Baiamonte mentioned that the ACE Business Office is preparing documentation on ACE achievements as we approach the December 2016 deadline.  As the trade has been a pivotal partner in the development of ACE we are asking the TLC to provide us with testimonials, success stories, etc., on how ACE has changed their processes for the better and which specific tools they are now using successfully in ACE.   Please reach out to your trade associates, associations, etc., to gather this information.  Your testimonial may be used in public documents we are preparing to list ACE achievments.

Please send you testimonials to Frank Korpusik at frank.j.korpusik@cbp.dhs.gov and Chris Mabelitini at christopher.mabelitini@cbp.dhs.gov by cob Wednesday, November 16, 2016.  Let us know if you have any questions.  Thank you very much.

Frank Korpusik

Contractor, CBP ACE Business Office

Office: 571-468-5477

Cell: 703-624-3915

Frank.j.korpusik@cbp.gov

ACE: Free webinar on FWS filer requirements

Monday, November 14th, 2016

 

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The Border Interagency Executive Council (BIEC) External Engagement Committee will be hosting a webinar for the Fish and Wildlife Service (FWS) on 11/18/16 at 1:00 pm (Eastern). The webinar will be covering filer requirements for FWS ACE Implementation.

 

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ACE: instructions below for transmitting various FDA commodities

Friday, November 11th, 2016

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Per US Customs CSMS #16-000946:

Please follow the instructions below for transmitting various FDA commodities:

  • For Medical Devices (Government Agency Program Code “DEV”) only product codes with Industry Codes 73-92 are allowed in PG02.
  • For Radiation-Emitting Products, (Government Agency Program Code RAD) only product codes with Industry Codes 94-97 are allowed in PG02.
  • For Program Code animal-use devices, (Government Agency Processing Code “ADE”) only product codes with Industry Code 68 are allowed in PG02.
  • For Cosmetics, (Government Agency Program Code “COS”) only product codes with industry code 50 or 53 are allowed in PG02.

This information will be added to the next version of FDA’s Supplemental Guide.

Please direct any FDA ACE technical questions to ACE_Support@fda.hhs.gov.

 

ACE: CBP updates Temporary Import Bond (TIB) section of Business Rules & Process Document

Monday, October 31st, 2016

US Customs has just updated the ACE Business Rules and Process Document, specifically Section 10.0 on Temporary Import Bonds.

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CBP updates 3 key ACE tools!

Tuesday, October 25th, 2016

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New ACE Documentation published on CBP.gov:

  • ACEopedia - This document contains details on current ACE features and their benefits, as well as details on what new features are currently being developed
  • ACE Development and Deployment Schedule - The documents provides details on when upcoming capabilities will be developed and deployed in ACE, and includes a list of changes made to this update.
  • ACE PGA Forms List - This document provides PGA data requirements and methods for submission of data in ACE.

Helpful ACE reports to measure trade compliance

Monday, October 24th, 2016

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New to ACE reports?  Finding them difficult to navigate?  Here are some suggestions to help keep your company and your broker(s) compliant with trade laws.

The canned reports in ACE are an excellent place to start:

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Of these, the AM 008, Entry Summary Line Detail Report, is particular helpful for managing imports.  There is a significant level of detail, so it is especially helpful if you oversee multiple IORs, allowing you to compare volume, ports of entry, HTS codes, etc.  Additionally, it serves as a robust tool to support internal audits.

Also beneficial to grab a snapshot of import activity are:

  • AM 009, Summary of Mfr Code by Value Report
    • This report can be used to determine the total dollar amount imported from individual manufacturers and can assist in monitoring contractors.
    • It can also be used as a starting point for C-TPAT review of suppliers.
  • AM 010 - Summary of HTS Nbrs by Value Report
    • This report can be used to monitor Harmonized Tariff Schedule (HTS) number(s) use by filer and to detect systemic problems in classification or use of special trade programs.

For additional resources, please see our recent blog post on this topic, as well as CBP’s resource page on ACE reporting.

 

How is ACE doing? Pretty well, it seems

Tuesday, October 18th, 2016

Here are some analytics on the state of ACE from US Customs’ September 2016 ACE Monthly Trade Update.  Of note:

  • Nearly 100% of ACE core capabilities have been deployed, with only 12% remaining for post-release functionality.
  • 3.4 million FDA cargo release entries were transmitted.
  • There were 62,000 active trade ACE portal users, up from 12,500 in FY15.

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ACE reports: New functionality to assist protest filers

Monday, October 17th, 2016

Protest filers are truly benefitting from ACE.  In addition to the proposed conversion of the Notice of Liquidation process to a paperless one, US Customs has also launched a new workspace for protest filers in ACE reports.

  • The workspace provides Protest Filers with access to the newly developed Protest data universe and the ES-403 Protest Details report.  This standard “canned” report provides detailed protest information including: Protest Filer Number, Protest Filer Name, Protest Number, Number of Entries, Protest Status, Protest Assigned Team Number, and much more.
  • The ES-403 report can be modified by users wishing to add or remove columns of data.  Protest filers will also be able to create custom ad hoc reports using the Protest universe.

CBP has posted short training videos that provide step-by-step information on getting started with ACE Reports.

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