CBP Formal Notice on ESAR Test and Access for PSCs, Etc.

(See ITT's Online Archives or 06/07/11 news, 11060719, for BP summary of PSC functionality being deployed on June 4.)

PEAs Will No Longer be Accepted for ACE Summaries Effective Sept 22

As the PSC procedure replaces the existing Post-Entry Amendment (PEA) hard copy process for entry summaries filed under ACE, PEA procedures will no longer be accepted for entry summaries filed in ACE effective September 22, 2011. Prior to this date, test participants may file either a PSC or a PEA to correct an entry summary filed in ACE. It is noted that a filer should not use both methods to correct the same data element in the same entry summary.

(See ITT’s Online Archives or 05/27/11 news, 11052731, for BP summary of CBP announcing that PSC functionality would be deployed on June 4 and the use of PEAs for ACE entry summaries ending on a future date. CBP also issued a second general notice announcing additional changes to the PEA test. See ITT’s Online Archives or 06/24/11 news, 11062403, for BP summary.)

PSC Will "Fully Replace" Paid ACE Summary, Replace Prior PSCs

CBP states that with this new functionality, importers will be allowed to use ABI to file PSCs for pre-liquidation ACE entry summaries that have been accepted by CBP and are fully paid and under CBP control. A PSC/ABI transaction contains all of the data elements in the original entry summary and constitutes a complete replacement of that entry summary, as well as a replacement of any prior PSCs that may have been made to the original entry summary.

PSCs Should Not be Used as Means of Submitting a Prior Disclosure

CBP requests that participants not use submissions made under this test as a means of submitting a prior disclosure under 19 USC 1592. If a participant wishes to file a prior disclosure for an entry summary corrected under this test, the rules and procedures set forth in 19 CFR 162.74 (available here) should be followed.

PSCs Only for Type 01 and 03 ACE Entries, Considered “Customs Business”

Trade participants will be able to submit a PSC for existing ACE formal (type 01) entries and antidumping/countervailing (type 03) entries. Informal entries (type 11) are not eligible for PSC.

An authorized ACE entry summary filer may submit a PSC for an ACE entry summary originally submitted by another ACE entry summary filer if authorized by the same importer of record. The act of filing a PSC will constitute “customs business” as defined in 19 CFR 111.1 (available here).

ACE Portal Reports to be Enhanced for PSCs

ACE Portal Reports will be enhanced to include improvements to the current list of entry summary data elements. The enhanced entry summary list will be easier to use and will provide additional flexibility when the user is creating and modifying entry summary reports. PSC data elements will also be available for further customization of existing entry summary reports. Additional PSC data elements include a PSC indicator, PSC filer, PSC reason codes at both the header and the line level, and an accelerated liquidation request indicator.

Access by Filers to Entry & PSC Data

Once a PSC is filed it fully replaces the original entry summary. Accordingly, full information with respect to the PSC is only available to the filer of the PSC. The filer of the original entry summary will be notified that the entry summary has been fully replaced by a PSC, but will not have visibility to the new filing. Similarly, if a subsequent PSC is filed, it fully replaces the previously filed PSC (which had fully replaced the original entry summary) and full information is visible only to the filer of the subsequent PSC. The filer of the original entry summary or the filer of the previously filed PSC will be notified that a new replacement entry summary has been filed by a PSC, but will not have visibility to the new filing.

(For example, if filer A files the original entry summary and then filer B submits a PSC, filer A will receive notification that a PSC has been filed. If filer A then submits a subsequent PSC, filer B will receive notification of the PSC filing, but neither will have the visibility to the other’s submission. Only the filer of the latest PSC will be able to get the latest full entry summary replacement data in response to a query.

As the information in the entry summary, including any PSC, is the property of the importer, full access to the original entry summary and all PSCs may be provided by the importer of record to filers through normal business communication channels. In the alternative, if the importer of record has a portal account, the importer of record may elect to grant user access to his portal account.

In situations where an earlier filer does not have access to information provided by a subsequent PSC filer, CBP notes that each entry filer and PSC filer is individually responsible and accountable for the accuracy, completeness, and content of the information contained in their separate submissions. Each filer has recordkeeping obligations for the records on which their filing is based; therefore entry filers and PSC filers are not responsible or accountable for any submission not made by them and they do not incur recordkeeping obligations related to such submissions.)

CBP contacts-

Cynthia Whittenburg (policy-related questions) cynthia.whittenburg@dhs.gov

ABI Client Representative Branch (technical questions) 703- 650-3500