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CBP Eliminates Requirement that ACH Credit Participants in PMS Must Initiate Payments by 14th Working Day

U.S. Customs and Border Protection (CBP) has issued a general notice announcing that it is modifying its National Customs Automation Program (NCAP) test concerning periodic monthly deposit of estimated duties and fees by eliminating the following sentence from its August 8, 2005 notice: "ACH credit participants must initiate payment no later than the 14th working day of the month."

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ACH Credit Participants No Longer Required to Initiate Payment Earlier than the 15th Working Day of the Month

According to CBP, the result of this change is that CBP will no longer require Automated Clearing House (ACH) credit participants to initiate payment earlier than the 15th working day of the month. CBP explains that it did not intend to dictate the time in which payment must be initiated.

However, CBP states that it must still receive the settlement for credit by the 15th working day in order to have the periodic monthly statement (PMS) marked paid and treated as a timely payment.

(CBP has previously noted that for purposes of its NCAP test, the term "working day" is synonymous with the term "business day" which is defined in 19 CFR 101.1 and 101.6(a).)

(See ITT's Online Archives or 08/08/05 news, 05080805, for BP summary of CBP's August 8, 2005 general notice on changes to the NCAP test of the ACE periodic monthly payment statement process.

See ITT's Online Archives or 02/05/04 and 02/06/04 news, 04020505 and 04020605, for BP summaries of CBP's February 4, 2004 general notice on the NCAP test of the ACE periodic monthly statement.)

CBP contact - Michael Maricich (Michael.Maricich@dhs.gov) or (703) 921-7520

CBP general notice (FR Pub 01/20/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-529.pdf