[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Pages 9859-9863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02788]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Extension and Modification of the National Customs Automation 
Program Test Concerning the Submission Through the Automated Commercial 
Environment of Certain Unique Entity Identifiers for the Global 
Business Identifier Evaluative Proof of Concept

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: On July 21, 2023, U.S. Customs and Border Protection (CBP) 
published a notice in the Federal Register extending and modifying a 
National Customs Automation Program Test concerning the submission of 
unique entity identifiers for the Global Business Identifier (GBI) 
Evaluative Proof of Concept (EPoC). This document republishes and 
supersedes the notice published on July 21, 2023, announces an 
extension of the test period through February 23, 2027, notes a 
clarification in the purpose and scope of the GBI EPoC, and removes 
commodity and country of origin limitations on the entries eligible for 
the test. In addition, this document makes changes to the contact 
information for questions regarding the test, provides new web 
addresses dedicated to obtaining GBIs, and makes minor technical 
changes.

DATES: The GBI EPoC commenced on December 19, 2022, and will continue 
through February 23, 2027, subject to any extension, modification, or 
early termination as announced in the Federal Register. CBP began to 
accept requests from importers of record and licensed customs brokers 
to participate in the test on December 2, 2022, and CBP will continue 
to accept such requests until the GBI EPoC concludes. Public comments 
on the test are invited and may be submitted to the address set forth 
below, at any time during the test period.

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Garrett Wright, Director, Trade Modernization Division, Trade Policy 
and Programs Directorate, Office of Trade, U.S. Customs and Border 
Protection, at (202) 897-9877 or via email at <a href="/cdn-cgi/l/email-protection#8bccc9c2cbe8e9fba5efe3f8a5ece4fd"><span class="__cf_email__" data-cfemail="b5f2f7fcf5d6d7c59bd1ddc69bd2dac3">[email protected]</span></a>, with a 
subject line reading ``Global Business Identifier Test-GBI.'' For 
technical questions related to the Automated Commercial Environment 
(ACE) or Automated Broker Interface (ABI) transmissions, software 
vendors, importers of record, and licensed customs brokers should 
contact their assigned ACE or ABI client representatives, respectively. 
Interested parties without an assigned client representative should 
direct their questions to Steven Zaccaro, Client Services Division, 
Office of Trade, U.S. Customs and Border Protection, at (571) 358-7809 
or via email at <a href="/cdn-cgi/l/email-protection#8deee1e4e8e3f9ffe8fde2f8f9ffe8eceee5cdeeeffda3e9e5fea3eae2fb"><span class="__cf_email__" data-cfemail="cdaea1a4a8a3b9bfa8bda2b8b9bfa8acaea58daeafbde3a9a5bee3aaa2bb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On December 2, 2022, U.S. Customs and Border 
Protection (CBP) published a General Notice (the December 2 Notice) in 
the Federal Register (87 FR 74157) announcing a National Customs 
Automation Program (NCAP) Test concerning the submission through the 
Automated Commercial Environment (ACE) of certain unique entity 
identifiers for the Global Business Identifier (GBI) Evaluative Proof 
of Concept (EPoC). On July 21, 2023, CBP published a General Notice 
(the July 21 Notice) in the Federal Register (88 FR 47154) extending 
and modifying the December 2 Notice. Specifically, the July 21 Notice 
extended the test period from July 21, 2023, through February 14, 2024; 
provided the correct web address for interested parties to use to 
obtain the Legal Entity Identifier (LEI) from the Global Legal Entity 
Identifier Foundation (GLEIF); and clarified that CBP would allow 
participants to provide one or more of the three identifiers for the 
manufacturers, shippers, and sellers (and optionally, exporters, 
distributors, and packagers) of merchandise, and that CBP would not 
require transmission of all three identifiers to participate in the 
test. This document republishes and supersedes the July 21 Notice, with 
the following modifications.
    First, the test period has been extended from February 14, 2024, 
through February 23, 2027. Second, CBP made changes to Sections I.B. 
(Global Business Identifier Evaluative Proof of Concept (GBI EPoC)) and 
VI. (Evaluation Criteria) to clarify the purpose and scope of the test. 
CBP will continue to assess the functionality and effectiveness of 
universal global business identifiers to address data gaps caused by 
the unreliability of the manufacturer or shipper identification code 
(MID), in addition to exploring opportunities to enhance supply chain 
traceability and visibility more broadly--including examining how CBP, 
Partner Government Agencies (PGAs), and the trade industry might 
leverage GBIs to comply with growing supply chain traceability 
requirements.
    Third, CBP has expanded the GBI EPoC to include entries of 
merchandise classifiable in any subheading of the Harmonized Tariff 
Schedule of the United States (HTSUS) and entries of imported 
merchandise from any country of origin. When CBP initially launched the 
GBI EPoC, the test was limited to entries of merchandise in five (5) 
categories (alcohol, toys, seafood, personal items, and medical 
devices), and to merchandise with 10 countries of origin (Australia, 
Canada, China, France, Italy, Mexico, New Zealand, Singapore, United 
Kingdom, and Vietnam). These requirements significantly limited the 
range of entries that could be evaluated under the test. As a result, 
CBP is removing these test limitations. It is important to note that 
the test continues to be limited to type 01 (formal) and type 11 
(informal) entries.
    Fourth, as noted in the FOR FURTHER INFORMATION CONTACT section 
above, the office responsible for the GBI EPoC has changed (it is no 
longer the Interagency Collaboration Division, Trade Policy and 
Programs Directorate, Office of Trade, but is now the Trade 
Modernization Division, Trade Policy and Programs Directorate, Office 
of Trade), and the point of contact for interested parties without an 
assigned client representative who have technical questions has 
changed. Fifth, GS1 and Dun & Bradstreet have created specific web 
pages dedicated to the GBI EPoC for obtaining a GBI; Section III.A. 
(Obtaining Global Business Identifier (GBI) Numbers) has been updated 
to include the new web addresses for the

[[Page 9860]]

dedicated GBI web pages. Lastly, CBP has made minor technical changes 
to Sections V. (Paperwork Reduction Act) and VI. (Evaluation Criteria).
    For ease of reference, the July 21 Notice is republished below, 
with the changes described above.

I. Background

A. The National Customs Automation Program

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Customs Modernization Act) 
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C. 
1411). Through the NCAP, the thrust of customs modernization was 
focused on informed trade compliance and the development of the 
Automated Commercial Environment (ACE), the planned successor to the 
Automated Commercial System (ACS). ACE is an automated and electronic 
system for commercial trade processing, intended to streamline business 
processes, facilitate growth in trade, ensure cargo security, and 
foster participation in global commerce, while facilitating compliance 
with U.S. laws and regulations and reducing costs for U.S. Customs and 
Border Protection (CBP) and all of its communities of interest. The 
ability to meet these objectives depends on successfully modernizing 
CBP's business functions and the information technology that supports 
those functions. CBP's modernization efforts are accomplished through 
phased releases of ACE component functionality, which update the system 
and add new functionality.
    Sections 411 through 414 of the Tariff Act of 1930 (19 U.S.C. 1411-
1414), as amended, define and list the existing and planned components 
of the NCAP (Section 411), promulgate program goals (Section 412), 
provide for the implementation and evaluation of the program (Section 
413), and provide for Remote Location Filing (Section 414). Section 
411(a)(1)(A) lists the electronic entry of merchandise, Section 
411(a)(1)(B) lists the electronic entry summary of required 
information, and Section 411(a)(1)(D) lists the electronic transmission 
of manifest information, as existing NCAP components. Section 
411(d)(2)(A) provides for the periodic review of data elements 
collected in order to update the standard set of data elements, as 
necessary.

B. Global Business Identifier Evaluative Proof of Concept (GBI EPoC)

    ACE is the system through which the U.S. Government has implemented 
the ``Single Window,'' the primary system for processing trade-related 
import and export data required by the PGAs that work alongside CBP in 
regulating specific commodities. The transition away from paper-based 
procedures has resulted in faster, more streamlined processes for both 
the U.S. Government and industry. To continue this progress, CBP began 
working with the Border Interagency Executive Council (BIEC) and the 
Commercial Customs Operations Advisory Committee (COAC), starting in 
2017, to discuss the continuing viability of the data element known as 
MID.
    Currently, importers of record provide the MID at the time of 
filing of the entry summary. See generally 19 CFR part 142. The 13-
digit MID is derived from the name and address of the manufacturer or 
shipper, as specified on the commercial invoice, by applying a code 
constructed pursuant to instructions specified by CBP. See Customs 
Directive No. 3550-055, dated November 24, 1986 (available online at 
https://www.cbp.gov/sites/default/files/documents/3550-055_3.pdf). 
Although use of the MID has served CBP and the international trade 
community well in the past, it has become apparent that the MID is not 
always a consistent or unique number. For example, the MID is based 
upon the manufacturer or shipper name, address, and country of origin, 
and this data can change over time and/or result in the same MID for 
multiple entities. Also, while the MID provides limited identifying 
information, other global unique identifiers capture a broader swath of 
pertinent information regarding the entities with which they are 
associated (e.g., legal ownership of businesses, specific business and 
global locations, and supply chain roles and functions). Changes in 
international trade and technology for tracking the flow of commodities 
have presented an opportunity for CBP and PGAs to explore new processes 
and procedures for identifying the parties involved in the supply 
chains of imported goods.
    CBP has thus engaged in regular outreach with stakeholders, 
including, but not limited to, importers of record, licensed customs 
brokers, trade associations, and PGAs, with a goal of obtaining 
meaningful feedback on their existing systems and operations in order 
to establish a mutually beneficial global entity identifier system. As 
a result of these discussions, CBP developed the Global Business 
Identifier Evaluative Proof of Concept (GBI EPoC), which is an 
interagency trade transformation project that aims to test global 
business identifiers as a supply chain traceability solution, for 
industry and the U.S. Government alike. The GBI EPoC seeks to amplify 
the U.S. Government's visibility into the supply chain of goods 
entering the U.S. and explore opportunities for CBP and PGAs to 
leverage verifiable information regarding parties in the supply chain 
to improve risk assessment and admissibility decisions.
    For purposes of the GBI EPoC, ACE has been modified to permit test 
participants to provide the following entity identifiers (GBIs) 
associated with manufacturers, shippers, and sellers of merchandise 
covered by entries that meet the GBI EPoC criteria: nine (9)-digit Data 
Universal Numbering System (D-U-N-S[supreg]), thirteen (13)-digit 
Global Location Number (GLN), and/or twenty (20)-digit Legal Entity 
Identifier (LEI). The GBIs will be provided in addition to other 
required entry data (which may include the MID); any GBIs associated 
with the importer of record itself need not be provided as part of this 
test. The GBIs associated with the manufacturers, shippers and sellers 
will be provided with the CBP Form 3461 (Entry/Immediate Delivery) data 
transmission via the Automated Broker Interface (ABI) in ACE for formal 
entries for consumption (``entry type 01'' in ACE) and informal entries 
(``entry type 11'' in ACE). CBP will then access the underlying data 
(GBI data) associated with the D-U-N-S[supreg], GLN, and LEI, as set 
forth in the agreements that CBP has entered into with Dun & Bradstreet 
(D&B), GS1, and the Global Legal Entity Identifier Foundation (GLEIF), 
respectively, in order to connect a specific entry and merchandise to a 
more complete picture of those entities' ownership, structure, and 
affiliations, among other information. D&B, GS1, and GLEIF are 
collectively referred to as the identity management companies (IMCs).
    Through the GBI EPoC, CBP aims to leverage existing entity 
identifiers--the D-U-N-S[supreg], GLN, and LEI--to develop a 
systematic, accurate, and efficient method for the trade to report, and 
the U.S. Government to uniquely identify, legal business entities, 
their different business locations and addresses, and their various 
functions and supply chain roles. CBP will consider whether these three 
GBIs, singly, or in concert, ensure that CBP and PGAs receive 
standardized trade data in a universally compatible trade language. 
Moreover, CBP will examine whether the GBIs

[[Page 9861]]

submitted to CBP can be easily verified, thus reducing uncertainties 
that may be associated with the information related to shipments of 
imported merchandise. CBP will also consider whether the GBI EPoC may 
ultimately prove to be a more far-reaching, interagency initiative, one 
that keeps with the vision and actualized promise of the ``Single 
Window,'' by providing better visibility into the supply chain for CBP 
and PGAs, thereby further reducing paper processing, expediting cargo 
release, and enhancing the traceability of supply chains.

II. Authorization for the Test

    The Customs Modernization Act authorizes the Commissioner of CBP to 
conduct limited test programs or procedures designed to evaluate 
planned components of the NCAP. The GBI EPoC is authorized pursuant to 
19 CFR 101.9(b), which provides for the testing of NCAP programs or 
procedures. See T.D. 95-21, 60 FR 14211 (March 16, 1995).

III. Conditions for the Test

    The test is voluntary, and importers of record and licensed customs 
brokers who wish to participate in the test must comply with all of the 
conditions set forth below. The full effect of access to additional 
entity-related data based on submission of the GBIs will be a key 
evaluation metric of the test.
    Participation in the test will provide test participants with the 
opportunity to test and give feedback to CBP on the GBI EPoC design and 
scope. Participation may also enable test participants to establish and 
test their digital fingerprints, such as more accurately identifying 
certain parties involved in their supply chains. In addition, 
participation may allow the trade community to better manage and 
validate their data and streamline their import data collection 
processes. Lastly, test participation may allow for the wider 
application of entity identifiers that are currently providing broad 
sector coverage and enhanced data analysis.

A. Obtaining Global Business Identifier (GBI) Numbers

    Importers of record and licensed customs brokers who are interested 
in participating in the test must arrange to obtain any combination of 
the required D-U-N-S[supreg], GLN, and/or LEI entity identifiers (the 
GBIs) from the manufacturers, shippers, and sellers of merchandise that 
are intended to be covered by future entries that will meet the 
conditions of the test (commodity + country of origin). For purposes of 
providing the information required for the test, the parties are 
defined as follows for each covered entry:
    <bullet> Manufacturer (or supplier)--The party that last 
manufactures, assembles, produces, or grows the goods or the party 
supplying the finished goods in the country from which the goods are 
leaving for the United States.
    <bullet> Shipper--The party that enters into a contract for 
carriage with, and arranges for delivery of the goods to, a carrier or 
transport intermediary for transportation to the United States.
    <bullet> Seller--The last known party by whom the goods are sold or 
agreed to be sold. If the goods are to be imported otherwise than in 
pursuance of a purchase, the owner of the goods must be provided.
    Optionally, test participants may also arrange to obtain the GBIs 
for exporters, distributors, and packagers that will be associated with 
these future entries and provide them to CBP on qualifying entries 
covered by this test.
    A party may obtain its own GBI by contacting Dun and Bradstreet 
(D&B) at https://support.dnb.com/?cust=CustomsBorderProtection, 
regarding the D-U-N-S[supreg]; GS1 at https://www.gs1us.org/industries-and-insights/by-industry/government-and-public-sector/gs1-us-and-customs-and-border-protection, regarding the GLN; and the Global Legal 
Entity Identifier Foundation (GLEIF) at https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations, regarding the LEI.
    Once the manufacturers, shippers, and sellers (and, optionally, the 
exporters, distributors, and packagers) have obtained their own GBIs 
(the D-U-N-S[supreg], GLN, and LEI), these parties should provide the 
resulting GBIs to the relevant importer of record or licensed customs 
broker participating in the test. If these parties experience any 
difficulty with obtaining any of the GBIs, the importer of record or 
licensed customs broker seeking to participate in the test should reach 
out to CBP by email at <a href="/cdn-cgi/l/email-protection#3c7b7e757c5f5e4c1258544f125b534a"><span class="__cf_email__" data-cfemail="2265606b624140520c464a510c454d54">[email protected]</span></a>. The test participant is not 
required to obtain or submit GBIs pertaining to its own entity.
    Importers of record and licensed customs brokers are reminded that 
they are responsible for obtaining any necessary permissions with 
respect to providing to CBP the GBIs for manufacturers, shippers, and 
sellers (and, optionally, for exporters, distributors, and packagers) 
in the supply chains of the imported merchandise for which they file 
the specified types of entries subject to the conditions of the test. 
Therefore, prior to submitting their request to participate in the test 
to CBP, as discussed below, importers of record and licensed customs 
brokers should consult with the applicable parties to ensure that these 
parties are willing to grant any necessary permissions to share their 
GBIs (which will also result in CBP's access to the underlying GBI data 
associated with those GBIs, as described above) with CBP under the 
auspices of the test.

B. Submission of Request To Participate in the GBI EPoC

    The test is open to all importers of record and licensed customs 
brokers provided that these parties have requested permission and are 
approved by CBP to participate in the test. Importers of record and 
licensed customs brokers seeking to participate in the test should 
email the GBI Inbox (<a href="/cdn-cgi/l/email-protection#4f080d060f2c2d3f612b273c61282039"><span class="__cf_email__" data-cfemail="a0e7e2e9e0c3c2d08ec4c8d38ec7cfd6">[email protected]</span></a>) with the subject heading 
``Request to Participate in the GBI EPoC.'' As part of their request to 
participate, importers of record and licensed customs brokers must 
agree to provide available GBIs with entry filings for merchandise that 
is subject to the conditions of the test and state that they intend to 
participate in the test. The request must include the potential 
participant's filer code and evidence that it has obtained at least one 
of the three identifiers (D-U-N-S[supreg], GLN, and LEI), or is in the 
process of obtaining an identifier, from the manufacturers, shippers, 
and sellers (and, optionally, exporters, distributors, and packagers) 
of merchandise to be entered pursuant to the test.
    Test participants who are importers of record and do not self-file 
must advise CBP in their request that they have authorized their 
licensed customs broker(s) to file qualifying entries under the test on 
their behalf. Test participants who are licensed customs brokers must 
advise CBP that they have been authorized to file qualifying entries on 
behalf of importers of record whose shipments meet the test criteria as 
set forth below.
    CBP began accepting requests to participate in the test on December 
2, 2022, and will continue to accept them until the test concludes. 
Anyone providing incomplete information, or otherwise not meeting the 
test requirements, will be notified by email, and given the opportunity 
to resubmit the request to participate in the test.

C. Approval of GBI EPoC Participants

    A party who wishes to participate in this test is eligible to do so 
as long as it is an importer of record or licensed customs broker who 
files type 01 (formal) or type 11 (informal) entries of merchandise, 
and that party obtains the

[[Page 9862]]

required GBIs from its supply chain partners. After receipt of a 
request to participate in the test, CBP will notify, by email, the 
importers of record and licensed customs brokers who are approved for 
participation and inform them of the starting date of their 
participation (noting that test participants may have different 
starting dates). Test participants must provide the GBIs they have 
received to CBP prior to the starting date of their participation 
(participants will also provide the GBIs to CBP again with each 
qualified entry filing meeting the requirements of the test). Test 
participants are considered to be bound by the terms and conditions of 
this notice and any subsequent modifications published in the Federal 
Register.

D. Criteria for Qualifying Entries

1. Commodities Subject to the GBI EPoC
    The test will be limited to type 01 and type 11 entries, but is 
open to merchandise classifiable in any subheading of the HTSUS. Test 
participants are encouraged to submit GBIs with all qualified entry 
filings that meet the conditions of the test so that CBP has a fulsome 
data set to evaluate; however, entries will not be rejected if GBIs are 
not submitted.
2. Countries of Origin Subject to the GBI EPoC
    The test is open to merchandise from any country of origin.

E. Filing Entries With GBIs (Via ABI in ACE)

    Test participants must coordinate with their software vendors or 
technical teams to ensure that their electronic systems are capable of 
transmitting the D-U-N-S[supreg], GLN, and LEI entity identifiers to 
CBP. During this test, CBP will only accept electronic submissions of 
GBIs via ABI in ACE with CBP Form 3461 (Entry/Immediate Delivery) 
filings for type 01 and type 11 entries. Upon selection to participate 
in the test, the test participants will be provided with technical 
information and guidance regarding the transmission of the GBIs to CBP 
with the CBP Form 3461 filings. The assigned ABI client representatives 
of the test participants will provide additional technical support, as 
needed.

F. CBP Access to Underlying GBI Data Associated With GBIs

    As part of the test, CBP has entered into agreements with D&B, GS1, 
and GLEIF (the IMCs) for limited access to the underlying data (GBI 
data) that is associated with the GBIs for the duration of the test and 
for testing of CBP's automated systems.\1\ The data elements for which 
CBP has entered into agreements with D&B, GS1, and GLEIF may include, 
but are not limited to: (1) entity identifier numbers, (2) official 
business titles; (3) names; (4) addresses; (5) financial data; (6) 
trade names; (7) payment history; (8) economic status; and (9) 
executive names. The data elements will be examined as part of the 
test.
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    \1\ As noted above, D&B, GS1, and GLEIF are IMCs. The GBI data 
consists of data provided by the relevant entity to the IMCs in 
order to generate a GBI--the D-U-N-S[supreg], GLN, or LEI. GBIs 
allow CBP to link the underlying GBI data to specific entities and 
entries.
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    Consistent with the agreements, CBP may access GBI data, combine it 
with CBP data, and evaluate the GBIs that the test participants provide 
with an entry filing. The GBI data will assist CBP and PGAs in 
determining the optimal combination of the three entity identifiers 
(the GBIs) that will provide the U.S. Government with sufficient entity 
data needed to support identification, monitoring, and enforcement 
procedures to better equip the U.S. Government to focus on high-risk 
shipments and bad actors.
    CBP will process entries submitted pursuant to the test by 
analyzing the GBIs submitted via ABI in ACE and ensuring that the GBIs 
are submitted correctly. CBP will then evaluate the submitted entries 
to assess the ease and cost of obtaining each of the GBIs, evaluating 
each GBI to ensure that it is being submitted properly per the 
technical requirements that will be set forth in CBP and Trade 
Automated Interface Requirements (CATAIR), and ensuring that CBP is 
able to validate that each GBI is accurate using the underlying GBI 
data from the IMCs or otherwise known to CBP.

G. Partner Government Agencies (PGAs)

    PGAs are important to the success of the test. Certain PGAs, which 
may receive GBIs and GBI data and are intended as core test 
beneficiaries, may use the GBIs and GBI data to improve risk management 
and import compliance. This may result in smarter, more efficient, and 
more effective compliance efforts. CBP will announce the PGAs who will 
receive GBIs and GBI data pursuant to the test in a notice to be 
published in the Federal Register at a later date.

H. Duration of Test

    The test began on December 19, 2022, and will run through February 
23, 2027, subject to any extensions, modifications or early termination 
as announced by way of a notice to be published in the Federal 
Register.

I. Misconduct Under the Test

    Misconduct under the test may include, but is not limited to, 
submitting false GBIs with an entry filing. Currently, CBP does not 
plan to assess penalties against GBI EPoC participants that fail to 
timely and accurately submit GBIs during the test. CBP also does not 
anticipate shipment delays due to the failure to file or the erroneous 
filing of GBIs. However, test participants are expected to follow all 
other applicable regulations and requirements associated with the entry 
process.
    After an initial six-month period (or at such earlier time as CBP 
deems appropriate), a test participant may be subject to discontinuance 
from participation in this test for any of the following repeated 
actions:
    <bullet> Failure to follow the terms and conditions of this test;
    <bullet> Failure to exercise due diligence in the execution of 
participant obligations;
    <bullet> Failure to abide by applicable laws and regulations that 
have not been waived; or
    <bullet> Failure to deposit duties or fees in a timely manner.
    If the Director, Trade Modernization Division (TMOD), Trade Policy 
and Programs (TPP), Office of Trade (OT), finds that there is a basis 
to discontinue a participant's participation in the test, then CBP will 
provide written notice, via email, proposing the discontinuance with a 
description of the facts or conduct supporting the proposal. The test 
participant will be offered the opportunity to respond to the 
Director's proposal in writing within 10 business days of the date of 
the written notice. The response must be forwarded to the TMOD 
Director, TPP, OT, by emailing <a href="/cdn-cgi/l/email-protection#3473767d745756441a505c471a535b42"><span class="__cf_email__" data-cfemail="c681848f86a5a4b6e8a2aeb5e8a1a9b0">[email protected]</span></a>, with a subject line 
reading ``Appeal--GBI Discontinuance.''
    The Director, TMOD, will issue a final decision in writing on the 
proposed action within 30 business days after receiving a timely-filed 
response from the test participant, unless such time is extended for 
good cause. If no timely response is received, the proposed notice 
becomes the final decision of CBP as of the date that the response 
period expires. A proposed discontinuance of a test participant's 
privileges will not take effect unless the response process under this 
paragraph has been concluded with a written decision that is adverse to 
the test participant, which will be provided via email.

[[Page 9863]]

J. Confidentiality

    Data submitted and entered into ACE may include confidential 
commercial or financial information which may be protected under the 
Trade Secrets Act (18 U.S.C. 1905), the Freedom of Information Act (5 
U.S.C. 552), and the Privacy Act (5 U.S.C. 552a). However, as stated in 
previous notices, participation in this or any of the previous ACE 
tests is not confidential and, therefore, upon receipt of a written 
Freedom of Information Act request, the name(s) of an approved 
participant(s) will be disclosed by CBP in accordance with 5 U.S.C. 
552.

IV. Comments on the Test

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests comments and feedback on all aspects of 
this test, including the design, conduct and implementation of the 
test, in order to determine whether to modify, alter, expand, limit, 
continue, end, or fully implement this program. Comments should be 
submitted via email to <a href="/cdn-cgi/l/email-protection#e0a7a2a9a0838290ce848893ce878f96"><span class="__cf_email__" data-cfemail="eea9aca7ae8d8c9ec08a869dc0898198">[email protected]</span></a>, with the subject line reading 
``Comments/Questions on GBI EPoC.''

V. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. An agency may not 
conduct, and a person is not required to respond to, a collection of 
information unless the collection of information displays a valid 
control number assigned by the Office of Management and Budget (OMB).
    The collection of GBI information gathered under this test has been 
approved by OMB in accordance with the requirements of the PRA under 
OMB control number 1651-0141. In addition, the Entry/Immediate Delivery 
Application and ACE Cargo Release (CBP Form 3461 and 3461 ALT) 
collection of information, which collects the GBI when entry is made, 
has been approved by OMB under OMB control number 1651-0024.

VI. Evaluation Criteria

    The test is intended to evaluate the feasibility of utilizing GBIs 
to address data gaps caused by the unreliability of the MID, in 
addition to exploring opportunities to enhance supply chain 
traceability and visibility more broadly--including examining how CBP, 
PGAs, and the trade industry might leverage GBIs to comply with growing 
supply chain traceability requirements. This will involve exploring the 
use of GBIs to accurately identify legal business entities, their 
different business locations and addresses, as well as their various 
functions and supply chain roles, based upon information derived from 
the unique D-U-N-S[supreg], GLN, and LEI entity identifiers. The test 
will assist CBP in enforcing applicable laws and protecting the 
revenue, while fulfilling trade modernization efforts by assisting the 
agency in verifying the roles, functions and responsibilities that 
various entities play in a given participant's importation of 
merchandise. CBP's evaluation of the test, including the review of any 
comments submitted to CBP during the duration of the test, will be 
ongoing with a view to possible extension or expansion of the test.
    CBP will evaluate whether the test: (1) improves foreign entity 
data for trade facilitation, enforcement, risk management, and 
statistical integrity; (2) ensures U.S. Government access to foreign 
entity data; (3) institutionalizes a global, managed identification 
system; (4) implements a cost-effective solution; (5) obtains 
stakeholder buy-in; and (6) facilitates legal compliance across the 
U.S. Government. At the conclusion of the test, an evaluation will be 
conducted to assess the efficacy of the information received throughout 
the course of the test. The final results of the evaluation will be 
published in the Federal Register as required by section 101.9(b)(2) of 
the CBP regulations (19 CFR 101.9(b)(2)).
    Should the GBI EPoC be successful and ultimately be codified under 
the CBP regulations, CBP anticipates that this data would greatly 
enhance ongoing trade entity identification and resolution, reduce 
risk, and improve compliance operations. CBP would also anticipate 
greater supply chain visibility and additional information with which 
to verify and validate information on legal entities, which will 
support better decision-making during customs clearance processes.

AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2024-02788 Filed 2-9-24; 8:45 am]
BILLING CODE 9111-14-P


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