International Trade Today’s ACE Weekly Nes Brief...5IFTPVS DFGPSUSBEFDPNQMJBODFOFXT "TFS WJFDPG8...

WEDNESDAY, APRIL 6, 2016

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ACE Weekly News Brief

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CUSTOMS REAUTHORIZATION COMPLIANCE GUIDE

Everything You Need to Know About The Trade Facilitation and Trade Enforcement Act

APHIS Says Lacey Act Declarations May Still Be Filed in LAWGS System With ACE Disclaimer

The Animal and Plant Health Inspection Service reminded importers and filers that they may still use the agency’s Lacey Act Web Governance System (LAWGS) to submit Lacey Act declarations (here), but will first need to get entry numbers from ACE and not the legacy Automated Commercial System after the March 31 deadline for filing entries with Lacey Act data in ACE. LAWGS filers should use Lacey dis-claimer code C to indicate the use of LAWGS for filing the Lacey Act declaration, said APHIS.

Miscellaneous CBP Releases (April 1, 2016)CBP issued the following releases on commercial trade and related matters:

• Revised ACE Production Outage for April 2 (here)

http://www.internationaltradetoday.com/

https://content.govdelivery.com/accounts/USDAAPHIS/bulletins/1405d16

http://apps.cbp.gov/csms/viewmssg.asp?Recid=21632&page=&srch_argv=&srchtype=&btype=&sortby=&sby=

2—ACE WEEKLY NEWS BRIEF WEDNESDAY, APRIL 6, 2016


• ACE Production Deployment for April 1 (here)• ACE Certification Deployment for March 31 (here)• ACE Entry Summary ACE System Failures E90 (here)• Trade Webinar Series: ACE Accounts and Census Vetting Q&A (here)

CBP Anticipating Smooth March 31 ACE Transition, Still Considering Enforcement Approach

CBP is continuing to track stakeholder readiness for ACE transition, and expects its first mandatory use date on March 31 to proceed smoothly, said an agency spokeswoman that same day. The switch from a hard Feb. 28 deadline to phased approach “has alleviated concerns voiced by the trade community re-garding readiness by staggering the integration of the PGAs, and allowing more time for all parties to fully transition to ACE,” she said.

The agency has been conducting “extensive outreach and support that is yielding results,” said the spokeswoman. It held three ACE production filing exercises in March to support filers who had not filed any entry summaries in ACE or filed any entries with National Highway Traffic Safety Administration or Animal and Plant Health Inspection Service Lacey Act data “to ensure they are prepared for the March 31 electronic filing requirements. CBP has been holding a daily call for the trade community to ask questions about ACE, and its port personnel have also been “reaching out directly with local filers to ensure readi-ness,” said the spokeswoman. The agency has also set up a war room that will remain open until April 8 to support filers affected by the March 31 transition, she said.

As of March 31, CBP is requiring ACE filing for entry summary types 01, 03, 11, 23, 51 and 52 without PGA requirements, as well as both entries and entry summaries with only Animal and Plant Health Inspection Service Lacey Act and/or National Highway Traffic Safety Administration data for the same en-try types. Software developers and customs brokers are relatively optimistic the deadline will pass without serious problems, noting that many filers already submit these entry types and PGA data in ACE.

CBP is assessing how the March 31 deadline progresses before it decides what kind of enforcement action it will take against filers who continue to file entries and entry summaries required in ACE in the legacy Automated Commercial System (ACS). The agency recently said it will first tell such filers to “cease and desist,” then “avail itself of any enforcement actions available” if ACS filing continues. “We will be monitoring ACS transactions and consider what further actions we may wish to take after we assess prog-ress further,” said the spokeswoman.

Regardless of the mandatory dates CBP has set, which include a second deadline on May 28, the agency is “strongly encouraging the trade community to NOW use ACE for all available entry and entry summary filings,” said the spokeswoman. Based on statistics released in February, CBP knows that “close to 70 percent of cargo release filers can file in ACE (they have filed and entry in ACE at least once) and more than 80 percent of entry summary filers can file in ACE (they have filed an entry summary in ACE at least once),” she said. — Brian Feito





3—INTERNATIONAL TRADE TODAY WEDNESDAY, APRIL 6, 2016

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11—CUSTOMS REAUTHORIZATION GUIDE MARCH 2016


TITLE IV – PREVENTION OF EVASION OF AD/CVD ORDERSTitle IV of the Trade Facilitation and Trade Enforcement Act of 2015 addresses antidumping and counter-vailing duty evasion. It includes a compromise version of the ENFORCE and PROTECT Acts included in the Senate and House bills, respectively, creating a new process for CBP to investigate allegations of eva-sion. It also creates a new Trade Remedy Enforcement Division to accept allegations and issue evasion-re-lated Trade Alerts.

Trade Remedy Law Enforcement Division (Sec. 411)The new Trade Remedy Law Enforcement Division within CBP’s

related to enforcement of antidumping and countervailing duties, including policies for enhanced bonding, and issue Trade Alerts directing a closer inspection of merchandise by port personnel. The division would also serve as the primary point of contact for allegations under the Enforce and Protect Act’s provisions for AD/CVD evasion investigations.

‘Enforce and Protect Act’ Sets Deadlines for CBP Evasion Investigations (Sec. 421)

Under the Enforce and Protect Act provisions of the Trade Facili-tation and Trade Enforcement Act of 2015, government agencies (including the Commerce Department and International Trade Com-mission), foreign and domestic manufacturers of a product subject to antidumping or countervailing duties, or a trade union or associa-

evasion with CBP’s Trade Remedy Law Enforcement Division. The

of any “data or information, written or oral statement, or act that is material and false, or any omission that is material,” that results in the AD/CV duties being reduced or not applied.

Clerical errors exempt. Clerical errors are not considered “eva-sion” under the law,” unless part of a “pattern of negligent con-duct.” The “mere nonintentional repetition” by an electronic system of an initial clerical error is not a “pattern of negligent conduct.”

Investigation timelinefor completing its evasion investigation, as follows:

• Initiation -ter 15 days if the allegation “reasonably suggests” evasion.

• Interim measures. No later than 90 days after initiation, CBP must decide if there is a “reasonable suspicion” of evasion.

covered by the investigation beginning on that date.

ENFORCE Act. Contentious debate over AD/CVD evasion provisions

bill most-ly adopting the Senate’s EN-FORCE Act, which gives CBP investigating authority, rather than the House PROTECT Act that would have vested that authority with Commerce. In the run-up, U.S. retailers and trade associations voiced major con-cerns. The ENFORCE Act “will hinder trade enforcement, jeop-ardize millions of U.S. jobs, and create confusion, unpredict-

borders,” said the letter, signed by the NCBFAA, International Wood Products Association and other groups. “In particular, the

‘evasion’ encompasses situ-ations where no fraud is in-volved and creates within CBP an administrative process that treats all importers as ‘evaders’ of the law. a plain reading of the legislation reveals a very broad

ultimately harmful to supporters of trade enforcement.” (See ITT July 28, 2015)


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Miscellaneous CBP Releases (March 31, 2016)CBP issued the following releases on commercial trade and related matters:

• Commissioner Kerlikowske’s Remarks at the Seattle Policy Forum (here)• ACE Production Deployment for March 31 (here)• ACE Certification Deployment for March 30 (here)• Initiation of Antidumping Duty Investigation: 1,1,1,2-Tetrafluoroethane From The PRC (here)• Initiation of Antidumping Duty Investigation: Phosphor Copper from the Republic of Korea (here)

CBP Fixing ACE Portal Account Deactivation ProblemCBP is working to fix a problem within ACE that erroneously deactivated ACE portal accounts,

the agency said in a March 29 CSMS message (here). Following an increased number of calls about ACE portal deactivations, CBP determined the cause and “rectified the problem,” it said. “While CBP is working to identify and repair the erroneous deactivations, Trade Account Owners can now reactivate and reset pass-words from their portal accounts,” CBP said.

CBP Concludes PGA Message Set FDA PilotCBP determined that ACE is capable of accepting Food and Drug Administration regulated electronic

entries through the Partner Government Agency (PGA) Message Set, CBP said in a notice (here). As a result of that finding, CBP will end the pilot program effective May 2, it said. While that test is ending, “CBP is not, at this time, decommissioning the Automated Commercial System (ACS) for transmitting FDA data,” CBP said. “Nonetheless, ACE is capable of accepting FDA-regulated electronic entries and CBP encourages all importers of merchandise regulated by the FDA to now use ACE for their electronic filings.”

(Federal Register 03/31/16)

NMFS Extends Comment Period on Proposed ACE Filing Requirements for High-Risk Seafood Imports

The National Marine Fisheries Service is extending by one week the period for comments on its proposal to set new filing requirements at time of entry for imports of certain species of seafood the agency has deemed high-risk, it said. Under the agency’s Feb. 5 proposed rule, filers would have to submit through ACE certain data elements and electronic documents in order to improve traceability of imports of the high-risk species. The importer of record would also have to maintain records on the chain of custody of their seafood imports, and obtain an International Fisheries Trade Permit for the high-risk species. Comments on the proposal are now due April 12.

(Federal Register 03/31/16)

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http://1.usa.gov/1SwOiaM

http://1.usa.gov/1M0cjrr


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• Legacy ACE Certification Outage March 30 (here)• Residual Processing of Earlier ACE Cargo Release Delays (here)• FDA CDRH Product Code Deletes (here)

CBP Opens ‘War Room’ for March 31 ACE Transition DateCBP opened up a “war room” on March 28 to help industry with the March 31 ACE mandatory use

date for several types of entries, said CBP on its website (here). The war room, which is overseen by the ACE Business Office, will be open from 7 a.m. to 7 p.m. daily through April 8, said the agency. Anyone interested in reaching the war room will first need to go through a client representative, who “will have direct access to the war room and will escalate your issue, if necessary,” CBP said. The war room will only address issues related to transactions mandated in ACE on March 31, which includes entry summaries for entry types 01, 03, 11, 23, 51 and 52 as well as all entries and entry summaries of those entry types with Animal and Plant Health Inspection Service Lacey Act or National Highway Traffic Safety Administration data. CBP had similar plans for past transition dates.


• Delays in processing ACE Cargo Release SO messages on March 29 (here)• ACE Production Deployment for March 30 (here)• ACE Certification Deployment for March 29 (here)• The DIS XML Schema and DIS Implementation Guide have been updated (here)

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