CBP Posts Additional Question and Answers from the November 2005 Trade Symposium

This updated version contains answers to 11 new questions, as well as answers to its previously published questions. CBP does not appear to have revised any of its previous answers to questions contained in this document.

(See ITT's Online Archives or 01/11/06 news, 06011110, for the final summary in BP's series of summaries on CBP's original set of Q&A from the Trade Symposium, with links to earlier summaries.)

The following are highlights from the 11 new questions answered by CBP:

Container security device (CSD) testing. CBP states that it has continued to test and evaluate CSDs on select trade lanes into the U.S. Under the "smart box" program, several C-TPAT importers voluntarily affix CSDs onto certain shipments, and the performance of the CSD is tested by CBP. The second phase of the "smart box" program concluded at the end of September, and the performance rate of the devices used is currently being analyzed.

Filing SILs in ACE. Will the time frame be only 6 months? Is there a secret push to change the date of liquidation? CBP states that Supplemental Information Letters (SILs) as they stand today will be phased out as it deploys ACE. They will be replaced by the Post Summary Correction (PSC) process. If during the phase out time frame a SIL is submitted, the rules and timing for submission will remain as they are today. The trade community will be entitled to make PSCs for 183 days. Beyond the 183 days filers can make a request to extend liquidation (1 year increment only) in conjunction with a PSC, thereby allowing PSC beyond the 183- day time frame. According to CBP, this extension of liquidation is not really a change to the liquidation process.

Can all penalty and liquidated damage cases for a filer be posted on their ACE portal account? CBP states that the penalty and liquidated damage cases for filers will become available when ACE interfaces with the Seized Asset and Case Tracking System (SEACATS). CBP states that this function is anticipated during the second phase of implementation of enhanced Entry Summary, Accounts, and Revenue features (Release 5). A pilot of the capabilities is expected to begin in late 2007.

Will CBP move toward a program similar to TSA's "known shipper" database - only for "secure" foreign shippers/vendors? CBP states that reviewing a foreign vendor based only from the view of one buyer does not provide a holistic view of the supplier/vendor. Additionally, from the CBP perspective, the 'secure' shippers must be physically verified by way of a C-TPAT validation. (TSA doesn't verify/validate the known shippers.) Security standards required within one contract between a supplier and buyer don't always exist in every other supplier/buyer relationship. Hardened security, like fences, video equipment, may become standard and used across other buyer transactions, but other types of security involving the contracting of loading, or moving the container to a port of lading, use of security seals or other equipment or security precautions might change based on the terms of sale that are agreed to between the buyer and supplier.

Does the ATDI data collected by CBP tell who loaded the ocean container and is this to be added to the AMS data? CBP states that based on information collected via the advanced data initiative so far, there are references in the business documents to where services such as loading the container may be performed, and if the loading of the containers are being contracted with parties other than the manufacturer. At present, Advanced Trade Data Initiative (ATDI) data does not reveal who loaded a container, unless it was loaded by the carrier as a consolidation. According to CBP, stuffing information may be collected in the future. The question of whether to add data to the AMS data set, and what data to add, is as yet undecided.

Is there any link or relation between ATDI and the World Customs Organization (WCO) Framework Advance Electronic Cargo Information? CBP states that there are multiple links. The first link is the mutual recognition that advance cargo information is desired and a best practice for both security and facilitation. The second link is the type of information being identified. Mainly, both focus on extracting substantive data from the normal transactional data flow of international commerce and look toward using that data to facilitate security screening and trade processing.

What are the plans for ACE training for the trade? CBP states that its Cargo Systems Program Office is currently offering Computer Based Training (CBT) compact discs for the trade community, but does not have plans for web-based training due to the prohibitive cost, and, in some cases, security concerns. CBP notes that it conducts many outreach activities at a variety of trade shows, conferences, and workshops where ACE demonstrations are available.

What is the difference between ITDS and ATDI? CBP states that the International Trade Data System (ITDS) is not an actual system, rather it is a partnership comprised of government agencies that help define how the current ACE technology and business processes are being developed. Chartered to create a single window for the collection, use, and dissemination of international trade and transportation data, the ITDS effort will ensure that ACE meets the requirements of federal agencies with missions related to border security and trade facilitation. CBP and the ITDS Board of Directors have identified more than 80 federal agencies that would benefit from integrating or interfacing with ACE. Twenty-six agencies are currently actively engaged in the ITDS effort.

ATDI is currently a prototype that was started in 2004 to prove that commercial supply chain data can enhance CBP terrorist risk assessment capabilities. ATDI has formed a partnership with the trade community and C-TPAT members to provide end-to-end visibility of the commercial supply chain. In 2005, ATDI was elevated to be part of C-TPAT Best Practices; a number of importers and supply chain participants are actively pursuing membership. ATDI is important to CBP because it leverages existing data available within commercial supply chains to increase visibility and expand risk assessment based on data timing, source and supply chain processes.

Is it possible to get a report in ACE to see and measure what containers get X-rayed for a particular importer?CBP states that for security reasons, there is not a report that offers information on what containers are X-rayed.

CBP's updated Q&A (dated 01/18/06) available at

http://www.cbp.gov/linkhandler/cgov/import/communications_to_trade/trade_2005/answers_qcards.ctt/answers_qcards.doc.