CBP is expected to soon announce the new deadline for ACE post-release capabilities, including drawback and reconciliation, said trade industry executives involved in ACE implementation. The mandatory use date, originally set for Jan. 14 (see 1612090030), will be announced in a Federal Register notice, said Fany Flores-Pastor, director-R&D compliance systems at Descartes. “I would say I anticipate seeing the notice in the next couple of weeks but that is just a guess,” Tom Gould of Sandler Travis recently said. “If we see a FR notice in 2 weeks it would be 6 weeks before implementation,” he said. A CBP spokeswoman on Feb. 9 said that no update was available on when the new deadline would be announced, but that CBP "will give a 30-day notice" before ACE filing is required.
CBP issued the following releases on commercial trade and related matters:
CBP answered questions on the Food and Drug Administration regulation of LED products and FDA messaging in its list of frequently asked questions on Feb. 8 (here). CBP also provided information on document submissions for the Bureau of Alcohol, Tobacco, Firearms and Explosives. CBP is sending out weekly FAQs based on its ACE status calls (see 1702010039).
CBP provided some information on drawback claims for when ACE becomes mandatory for electronic filers. "Drawback manufacturing claims for export to Canada (CA) or Mexico (MX) under NAFTA must be filed based on the ’lesser of’ either the duty paid in the United States or the duty paid in the NAFTA country," CBP said in a CSMS message (here). "In cases where the final product exported to CA/MX was manufactured from more than one imported part, ACE Drawback is designed to allow for multiple line input in the 43 record (Import Revenue Claimed). In the claim amount field, the 'lesser of' duty amount paid should be allocated across each line. An even allocation is not necessary, so long as the amount totals the lesser duty amount claimed." The agency said in another CSMS message (here) that all "substitution unused merchandise drawback claims containing exports of citrus to Canada must be filed separately." CBP hasn't released a new date for the deployment of drawback and other post-release functions in ACE after it was delayed last month (see 1701110039).
CBP issued the following releases on commercial trade and related matters:
CBP released a list of antidumping or countervailing duty case terms that can be used within ACE filings (here). The agency also provided definitions of the terms, which can be found in the "Search AD/CVD Case 'Company Status' field (i.e., 10-digit level company case page)," CBP said. The definitions "are for guidance only and cannot be cited to establish Department of Commerce Practice," CBP said. The agency also cautioned that "this information is used for cash deposit purposes only" and that merchandise "may be entered under a specific case number with an assigned cash deposit rate, but may be liquidated at a different AD or CVD rate."
Importers filing data required by the Bureau of Alcohol, Tobacco, Firearms and Explosives in ACE are now required to use the ATF’s partner government agency (PGA) message set, CBP said in a CSMS message (here). “DIS images of ATF Forms, including Form 6 and 6A, will no longer be accepted,” CBM said. Importers that file the PGA message set correctly will receive an automatic “may proceed” from ATF, and barring further issues the shipment will be released, CBP said. Filers my also continue to submit original paper Forms 6 and 6A to the port of entry, it said. CBP also updated its list of PGA forms and filing procedures (here) to reflect the change.
CBP created some "uniform national procedures for the processing of commercial cargo" when "the ACE Cargo Release system is unavailable to process cargo," Christopher Maston, CBP port director at Miami International Airport, said in a Feb. 4 notice. The guidance applies to situations in which the filer is unable to file for release electronically while the CBP system remains operational. "Terminal Operators will provide Broker initiated down time letters to CBP Officers for each shipment when the outage is due to a Broker system outage rather than a CBP system outage," it said. "At a minimum the down time letter should provide the [Importer's] name, address, Carrier, and ACE trip number."
CBP issued the following releases on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters: