CBP Issues "Frequently Asked Questions" on ESAR A2.2

(ESAR A2.2, which was deployed on April 12, 2009, allowed for the filing and processing of formal (type 01) and informal (type 11) entry summaries for those who volunteered to submit such entry summaries in ACE (beginning with the Port of Buffalo).ACE entry summary filing capabilities have since been deployed at all ports. It also included certain portal account changes for all ACE accounts, such as allowing importers (and brokers if granted cross account access) to respond to certain CBP forms via the ACE portal.)

The following are highlights of the FAQ:

Responding to CBP Forms 28, 29, 4647 via Portal is an Option, Not a Requirement

If an importer receives a CBP form 28, 29, or 4647 in their ACE portal account, they are not required to respond to the request through the ACE portal. The portal is an option; the importer can still present the paper documentation at the port.

(CBP Form 28 is a request for information; CBP Form 29 is a notice of action taken; and CBP Form 4647 is a notice to mark and/or notices to redeliver.)

Only Brokers with Importer Account Access Can Respond to CBP Forms 28, 29, 4647 via Portal

Brokers can respond to CBP Forms 28, 29, 4647 through the ACE portal if the importer has granted the broker access to the importer's portal account.

CBP Will Have Ability to Research Portal Form Responses Nationally

CBP will have the ability to research portal responses to CBP Forms 28, 29 and 4647 nationally. These forms will be associated to the specific importer. For example, when a CBP Import Specialist in New York looks at an importer located in Miami, the CBP Import Specialist will be able to see any Forms 28, 29 and 4647s issued against the importer in Seattle. ACE is a national account based system.

Attachment Formats Accepted by CBP via ACE Portal

CBP should be able to accept the formats listed below as attachments via the ACE portal; however, all ports may not yet have all of the required software. CBP port personnel will contact the respondent if they are unable to open the attachment. Preferable formats are marked with asterisks (*):

Attachments Cannot Exceed 20 MB

As for a limit on the size of an attachment, an individual attachment size cannot exceed 20 MB.

Blanket Declarations That Can be Posted in ACE Portal

Toxic Substances Control Act (TSCA) certificates cannot be posted in the ACE portal. The only blanket declarations that can be posted in the portal are:

Affidavit of Manufacturer

Importer Certifying Statement

Non-Reimbursement Blanket Statement (Antidumping/Countervailing Duty (AD/CVD))

North American Free Trade Agreement (NAFTA) Certificate of Origin

Declarations Can be Posted in Portal for All Entry Summaries (Not Just ACE)

Declarations can be posted in the portal for all entry summaries. There is however no electronic tie to the entry for non-ACE entry summaries. If the trade provides a blanket declaration, CBP will have to search in the portal for the declaration and then do a manual match.

No ACE Portal Notification for Cancelled Declarations

If there is a problem with the declaration and CBP cancels it, there will not be a portal notification to the importer. Notification would be done by phone or email.

(See ITT's Online Archives or 06/09/09 news, 09060910, for BP summary of CBP updating its ACE entry summary deployment schedule.

See ITT's Online Archives or 04/14/09 news, 09041430 1, for BP summary announcing that ESAR A2.2 was deployed on April 12th as scheduled.)

FAQs available at http://www.cbp.gov/linkhandler/cgov/trade/automated/modernization/ace/esar_a22_faq.ctt/esar_a22_faq.pdf

CSMS 09-000265 (dated 07/14/09) available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17655&page=&srch_argv=09-000265&srchtype=all&btype=&sortby=&sby