CBP Issues Detailed Instructions on How to Create ACE non-Portal Accounts for Importers

(CBP recently issued a general notice which: removes the requirement that importers first establish ACE Portal Accounts in order to deposit estimated duties and fees as part of PMS; allows the creation of ACE Non-portal Accounts for importers so they can participate in PMS through a Customs broker that has an ACE Portal Account; provides for Customs-Trade Partnership Against Terrorism (C-TPAT) certified importers who do not have Portal Accounts to be automatically considered Non-portal Accounts eligible to participate in PMS through a Customs broker that has an ACE Portal Account; and provides that C-TPAT certified importers who hold ACE Portal Accounts and are not taking advantage of PMS to do so directly with CBP, or through a customs broker with an ACE Portal Account. See ITT's Online Archives or 10/25/05 news, 05102505 for BP summary of CBP's general notice.)

In its instructions, CBP begins by reminding importers that to participate in the PMS test, a continuous bond covering duties and fees must be in place. Payment must be effected via Automated Clearing House (ACH) debit or ACH credit.

In addition, CBP reminds importers that entry/entry summaries must be filed via the Automated Broker Interface (ABI). Also, that entries not eligible to be paid on a PMS include Reconciliation entries (entry type 09), NAFTA duty deferral entries (entry type 08) and entries requiring the payment of excise tax.

Steps to Take for an Importer to Participate in PMS as an ACE non-Portal Account

CBP details each step that must be taken for importers to participate in the PMS test as an ACE non-Portal Account, depending in whether the importer (1) is a certified C-TPAT partner or (2) is not a certified C-TPAT partner.

CBP also reminds importers that if they wish to establish ACE non-Portal Accounts to take advantage of PMS processing through their Customs broker, this broker must first have an ACE Portal Account (or establish one).

CBP notes that brokers who are not currently ACE Portal Accounts, should go to www.cbp.gov/modernization and access the ACE application link, or email acenow@dhs.gov to learn how to enroll.

In addition, CBP has posted an updated version (updated as to a Springfield mailing address) of its ACE Portal Account Application package to its Web site, which consists of the Account Portal Power of Attorney (P/A) form, the Terms and Conditions for Account Access of ACE Portal, Additional Account/Account Owner Information, and the Request to Participate (see below for link).

(CBP sources note that although there is a special P/A form for Portal Accounts, there is not a special P/A form for non-Portal Accounts. The 'regular' P/A form supplied by the Customs broker is the one to use.)

Once Importer Becomes a non-Portal Account thru a Portal Account Broker, Importer Can Use Any Portal Account Broker

According to CBP, if more than one broker attempts to establish a non-Portal Account on behalf of the importer and the non-Portal Account has already been established, the broker will be notified by CBP that the switch for this IR number has already been set to allow participation in PMS.

(CBP sources add that once the switch for the importer's IR number has been set, the importer that has become a non-Portal Account can use any Portal Account Customs broker to participate in PMS.)

CBP email contact pms.mailbox@dhs.gov

CBP Adm: 05-1233 (dated 10/25/05) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2005/2005-1233.ADM

Updated ACE Account Portal Application package, with information and/or signature required at pages 1, 8, 9, and 10, (dated 10/24/05) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2005/2005-1233.ADM