Last Paper Courtesy Liq Notices for ABI Summaries to Have Sept 18 Print Date

(CBP recently issued a final rule to revise 19 CFR 159.9(d)¹ to discontinue mailing paper courtesy notices of liquidation to importers of record who file via ABI. See ITT's Online Archives or 08/17/11 and 08/23/11 news, 11081706 and 11082339, for BP summaries of this final rule, which CBP states is effective September 30 unless the ACE Liq Reports programming is delayed.)

Importers Filing Non-ABI Summaries to Still Get Paper Notice

Importers of record whose entry summaries are not filed through the Automated Broker Interface (ABI) will continue to receive paper courtesy notices of liquidation on CBP Form 4333-A.

Importers Filing on ABI Themselves to Still Get Electronic Notice

Importers of record that file their entry summaries via ABI themselves will continue to receive electronic courtesy notifications and will no longer receive paper courtesy notices.

Importers Using Broker to File on ABI Now Have Two Options

Importers of record that hire a broker to file via ABI on their behalf (with the broker filing as an agent) will no longer receive paper courtesy notices and will have to (1) obtain the notification from their broker or (2) or view the liquidation information via a new ACE courtesy notice of liquidation report, which is intended to be equivalent to the current paper notices, with minor exceptions (see details below).

CBP Expects to Make New ACE Liq Reports Available Weekend of Sept 17

CBP sources state that CBP expects to install the new liquidation reports in the ACE Portal over the weekend of September 17, 2011 (either at midnight or at 2:00 a.m. on September 18, times with the least amount of data traffic in the system). This date is to ensure that the ACE Portal courtesy notice of liquidation reports are in place and working before CBP stops mailing the paper courtesy notices to importers of record whose entry summaries are filed via ABI.

Importers that Will Rely on ACE Liq Reports Should be Ready by Sept 18

CBP sources state that if importers of record want to ensure there is no lapse in their receipt of liquidation information (if they are not self-filers and will be receiving the liquidation information from their brokers), they should enroll as an ACE Portal Account and familiarize themselves with the reporting system by the last print date, September 18. (CBP web-based training and help desk support is available for new ACE Account holders here.)

ACE Liq Report to Contain Same Data as Paper Courtesy Notice, w/ Certain Exceptions

CBP states the new ACE Portal liquidation report for importers (AM 100, Courtesy Notice of Liquidation) will contain the same data elements as the paper courtesy notice, however, the following data elements will not appear: 1) importer address; 2) series; 3) refer inquiries to; and 4) liquidation code. The "refer inquiries to" data element will not appear in the ACE Portal courtesy notice liquidation report; however, the report will provide the name and code for the port of entry. Importers can refer any inquiries to the appropriate port of entry here.

In its August 2011 Trade Account Owner (TAO) Update, CBP stated that the new ACE Portal Courtesy Notice of Liquidation report will not reflect Liquidation Extensions and Suspension statuses. Such information will continue to be printed and mailed to the appropriate parties.

In addition to the new ACE Portal Courtesy Notice of Liquidation report, users will be able to customize existing reports to include data objects available in the new report, which will be located in the Account Manager/Detail Reports/Entry Summary folder.

(See ITT's Online Archives or 9/02/11 news, 11090208, for BP summary of the August 2011 TAO Update.)

Importers Will Be Able to Obtain Info on Entries for the Past 5 Yrs with ABI Query

Given current data storage limitations, CBP notes that the ACE Portal only contains entry data for entries filed in the current CBP fiscal year and the previous four CBP fiscal years (which run October 1 through September 30).

Importers needing liquidation dates for entries filed beyond that time period may contact their broker, who can obtain that information by running an ABI query.

For a historical report on all of an importer's importation activity over a set time period, an importer can file a request with CBP for an ITRAC (Importer Trade Activity) report for a fee. However, if an importer is an Importer Self-Assessment (ISA) member, this report is provided for free.

Depending on the entry date, importers may also be able to check the status of antidumping (AD) and countervailing (CV) duty entries via a report in the ACE Portal.

Importers May also Gain Limited Access to Liq Info via Broker's ACE Account

Additionally, whether or not the importer has an ACE Portal Account, the importer may gain limited access to a broker’s ACE Portal Account to obtain reports for entries filed by the broker using the importer of record number belonging to that importer, if the broker that filed the entry grants the importer such access.

CBP Working w/ Ports of LA/LB to Post "Official" Bulletin Notices Electronically

When a commenter suggested that CBP develop an electronic notice for the statutorily mandated (official) bulletin notice of liquidation, CBP stated that this suggestion is outside the scope of the rulemaking, but that it is considering the feasibility of posting such electronic bulletin notices.

CBP sources add that CBP is currently working with the Ports of Los Angeles and Long Beach on getting the official bulletin notices of liquidation posted electronically on a computer at the customhouse; however, this is a longer term project.

¹19 CFR 159.9(d) provides for courtesy notices of liquidation, which are informal, advance notices of the liquidation date and are not required by statute. Official notices of liquidation of formal entries are currently made on paper bulletin notices of liquidation (CBP Form 4333) posted in the customhouse at the port of entry pursuant to 19 CFR 159 .9(b). 19 CFR 159.9 is available here.

Additional information on the ACE Portal capabilities and instructions on how to apply for access are available here.