Update on Questions & Answers from CBP's October/November ACE Exchange II Conference (Part II)

This is Part II of a multi-part series of summaries on this Q&A document, and highlights questions and answers presented during the following sessions of the conference: (1) ACE legal policy session, and (2) the importer breakout session on periodic monthly statement (PMS) and non-portal accounts. See future issues of ITT for additional summaries.

Q&A from ACE Legal Policy Session

Who gets the penalty if the e-Manifest: Truck is not submitted after the mandatory date?

CBP states that the carrier will be penalized if the manifest is not submitted (pursuant to 19 USC 1436).

In the draft Federal Register notice addressing liquidated damages for PMS it states that prior to the issuance of the liquidated damages there will be a petition process.

According to CBP, the petition process will be in effect after a claim is issued. CBP will have enforcement discretion in deciding whether to issue a claim; but, after the claim is issued CBP is required to provide a petition process. (BP is trying to obtain this draft and will update readers as new information becomes available.)

The Federal Register notice provides a compliance period of 90 days for the first cluster of ports subject to mandatory e-Manifest for trucks. Will there be another Federal Register notice to close out that informed compliance period?

CBP states that the Federal Register notice provides notice that CBP will be mandating use of the ACE e-Manifest: Trucks system at the designated ports in 90 days. The notice does not discuss informed compliance. CBP adds that all facets of informed compliance, including the closure of any informed compliance period will be announced via a posting to the CBP Web site. (See ITT's Online Archives or 10/30/06 news, 06103005, for BP summary on mandatory e-Manifest: Trucks, which states, among other things, that CBP will provide 90 days notice before making e-Manifest: Trucks mandatory at a port.)

Q&A from Importer Breakout Session on PMS and Non-Portal Accounts

What if an importer has its own filer code so it can see the PMS, but the broker files for the importer using the broker's filer code, would an importer be able to see that statement?

CBP states that if the broker has set up the statement as an "importer" statement- only one importer on that statement- the importer can view the statement. If the broker has set up his statement as a "broker" statement, then the importer cannot view the statement. CBP adds that should the filer give the statement number to the importer, who has a portal account, the importer can query the statement and view only his entries and monies due on the statement. CBP notes that the importer cannot view the entire statement.

Is there a way to receive a single consolidated statement?

CBP states that to get a single consolidated statement, an importer must use its own filer code or use one broker nationwide. Otherwise, the importer will get one statement per filer, per month, per port.

Does Broker A have visibility to Broker B's entries when they run a report?

No.

Will periodic monthly statements be netted when there are disbursements, etc.?

CBP states that there is no netting currently. CBP notes that this may change at some point in the future with Entry Summary, Accounts, and Revenue (ESAR) A2- but not in the first A2 release.

(See ITT's Online Archives or 12/08/06 news, 06120805, for BP summary announcing the availability of the Q&A document.

See ITT's Online Archives or 12/19/06 news, 06121910, for Part I of BP's summary of this Q&A document.)

CBP Q&A available at CBP Q&A available at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/ace/reports_briefings_events/ace_ex_conf/ace_exchange/ace2_qa.ctt/ace2_qa.doc