[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Notices]
[Pages 9826-9828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4844]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


National Customs Automation Program Test Concerning Automated 
Commercial Environment (ACE) Entry Summary, Accounts, and Revenue

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

ACTION: General notice.

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SUMMARY: U.S. Customs and Border Protection (CBP) will be conducting a 
National Customs Automation Program (NCAP) test concerning Automated 
Commercial Environment (ACE) Entry Summary, Accounts, and Revenue (ESAR 
II) capabilities. These new capabilities will include functionality 
specific to the filing and processing of formal consumption entries and 
informal entries. This entry summary processing will include Automated 
Broker Interface (ABI) Census Warning Overrides and will accommodate 
the issuance of certain CBP forms through the ACE Portal. Other new 
functionality will enhance Portal Account Management and allow for ACE 
Secure Data Portal reporting. This document announces the deployment 
schedule for this test.

DATES: The test will begin no earlier than March 15, 2009, at each port 
identified in this notice as part of the first cluster of ports 
designated for deployment. The test will continue until concluded by 
way of announcement in the Federal Register. Comments concerning this 
notice and all aspects of the announced test may be submitted at any 
time during the test period.

ADDRESSES: Comments concerning this notice should be submitted via e-
mail to Janet Pence at <a href="/cdn-cgi/l/email-protection#a1e4f2e0f3c8cfc7cec8cfc3ced9e1c5c9d28fc6ced7"><span class="__cf_email__" data-cfemail="92d7c1d3c0fbfcf4fdfbfcf0fdead2f6fae1bcf5fde4">[email protected]</span></a>. Please indicate ``ESAR II 
Federal Register Notice'' in the subject line of your e-mail.

[[Page 9827]]


FOR FURTHER INFORMATION CONTACT: For policy-related questions, please 
contact Cynthia Whittenburg at <a href="/cdn-cgi/l/email-protection#5132283f253938307f2639382525343f33242336113539227f363e27"><span class="__cf_email__" data-cfemail="ccafb5a2b8a4a5ade2bba4a5b8b8a9a2aeb9beab8ca8a4bfe2aba3ba">[email protected]</span></a>. For 
technical questions that are non-ABI related, please contact Katrina 
Marbley at (703) 650-3285. For technical questions related to ABI 
transmissions, please contact your assigned client representative. 
Parties without an assigned client representative should direct their 
questions to the Client Representative Branch at (703) 650-3500.

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 2008, CBP published a General Notice in the Federal 
Register (73 FR 50337) announcing the agency's plan to conduct a new 
test concerning ACE Entry Summary, Accounts, and Revenue (ESAR II) 
capabilities that will provide new Portal and Electronic Data 
Interchange (EDI) capabilities specific to Entry Summary filing and 
processing of consumption and informal entries. The notice stated that 
functionality will include ABI Census Warning Overrides and issuance of 
CBP requests for information and notices of action through the ACE 
Portal, and that new functionality will enhance Portal Account 
Management and allow for ACE Secure Data Portal reporting. The notice 
indicated that this release of ESAR II initially will be limited only 
to formal entries, commonly referred to in the Automated Commercial 
System (ACS) as type 01 entries, and informal entries, commonly 
referred to in ACS as type 11 entries. The notice listed the ports 
where the test was expected to be deployed and requested that 
interested ABI participants wishing to submit type 01 and 11 entries 
for this test provide to CBP, within 60 days of the date of publication 
of the notice, the number of expected ACE entry summaries that will be 
submitted to the listed ports.
    Importer and broker volunteers wishing to benefit from Portal 
functionality available in this test were also advised that they must 
have an ACE Portal Account. ABI volunteers wishing to participate in 
this test were advised that they must have the ability to:
    <bullet> File entries on a statement, i.e., no non-statement; 
single pay entry summaries will be allowed; and
    <bullet> Use a software package that has completed ABI 
certification testing for ACE.

Changes to the Test

    The August 26, 2008, notice indicated that participating importer, 
broker, and carrier Portal Account types will be able to maintain 
certain declarations in the ACE Secure Data Portal. The notice stated 
that declarations that will be supported via the Portal would include: 
Affidavits of manufacturers; North American Free Trade Agreement 
(NAFTA) Certificates of Origin; Non-Reimbursement Blanket Statements 
(Anti-Dumping/Countervailing Duty (AD/CVD)); certain marking rulings; 
and importer certifying statements. CBP is announcing in this notice 
that the ACE Portal will not be supporting ``certain marking rulings.'' 
All other declarations will be supported as noted in the August notice.
    Additionally, CBP is announcing in this notice that, although this 
ESAR II test will support type 01 and 11 entry types filed through 
remote location filing, this will not be available on the first day of 
the test. CBP will support remote location filing at some point 
following the ``go live'' date of the test. CBP will issue a message to 
the trade via the ``Cargo Systems Message System'' alerting the trade 
that they may begin filing type 01 and 11 entries remotely.

Implementation of the Test

    CBP received comments from 39 interested ABI participants in 
response to the August 26, 2008, notice. ABI respondents provided a 
breakdown of the anticipated type 01 and 11 ACE entry summaries to be 
submitted to the ports listed in the August 26, 2008, notice. All 39 
ABI filers will receive e-mail notifications confirming their 
acceptance into the test.
    Additionally, 17 software developers contacted their client 
representative with regard to their interest in ABI certification 
testing for ACE. All 17 software developers will be contacted by their 
client representative and will be advised as to the start of 
certification testing.
    For purposes of this test, the system of origin (ACS or ACE) will 
determine the system of record for that entry summary. For example, if 
the entry summary is submitted in ACS, the system of record for that 
entry summary will be ACS. If the entry summary is submitted in ACE, 
the system of record for that entry summary will be ACE.
    Based on the feedback received by CBP to the August 26, 2008, 
notice, CBP has determined that it will conduct the ESAR II test in a 
phased approach as set forth below.

I. Initial Stage--No Earlier Than March 15, 2009

    At the initial stage of the test, transmission of ACE entry 
summaries will be limited to the following ports:
    <bullet> Buffalo, New York;
    <bullet> Chicago, Illinois;
    <bullet> Long Beach, California; and
    <bullet> Laredo, Texas.

Any of the 39 respondents who anticipate transmitting type 01 and 11 
entries at the above indicated ports should do so no earlier than March 
15, 2009.
    For purposes of clarification, the port of Long Beach, California 
includes Long Beach (port code 2709) and Los Angeles (port code 2704), 
but does not include the Los Angeles Airport (port code 2720).

II. Second Stage--No Earlier Than April 15, 2009

    During the second stage of the test, transmission of ACE entry 
summaries will be expanded to the following ports:
    <bullet> Miami, Florida;
    <bullet> New Orleans, Louisiana;
    <bullet> Houston, Texas;
    <bullet> San Francisco, California;
    <bullet> Seattle, Washington;
    <bullet> El Paso, Texas;
    <bullet> Boston, Massachusetts;
    <bullet> San Diego, California;
    <bullet> Newark, New Jersey;
    <bullet> J.F.K. Airport, New York;
    <bullet> Baltimore, Maryland;
    <bullet> Philadelphia, Pennsylvania;
    <bullet> Cleveland, Ohio;
    <bullet> Tucson, Arizona;
    <bullet> Tampa, Florida;
    <bullet> Detroit, Michigan; and
    <bullet> Atlanta, Georgia.

Any of the 39 respondents who anticipate transmitting type 01 and 11 
entries at the above indicated ports should do so no earlier than April 
15, 2009.

III. Third Stage--No Earlier Than June 15, 2009

    During the third and final stage of the test, transmission of ACE 
entry summaries will be expanded nationwide to all remaining ports.

Expansion of Participation

    At this time, CBP would also like to invite any additional 
interested ABI applicants meeting the eligibility criteria specified in 
the August 26, 2008, notice to participate in the ESAR II test. 
Eligible ABI trade volunteers interested in submitting type 01 and 11 
entries for this test to the ports identified above should contact 
their assigned client representative directly. Interested parties 
without an assigned client representative should contact the Client 
Representative Branch at (703) 650-3500. Filers will receive an e-mail 
notification confirming their acceptance into the test.
    Interested software developers should similarly contact their 
client

[[Page 9828]]

representative with regard to their interest in ABI certification 
testing for ACE. All software developers will be contacted by their 
client representative and will be advised as to the start of 
certification testing.
    Acceptance into this test does not guarantee eligibility for, or 
acceptance into, future technical tests. Participation in the ESAR II 
test will be expanded in the future as funding allows; however, the 
eligibility criteria may differ from the criteria listed in this and 
the August 26, 2008, notice. Additionally, expansion of this test to 
allow participation by future applicants may be delayed due to funding 
or technological constraints.
    As stated in previous notices, participation in this or any of the 
previous ACE tests is not confidential and upon a written Freedom of 
Information Act request, a name(s) of an approved participant(s) will 
be disclosed by CBP in accordance with 5 U.S.C. 552. If necessary, CBP 
will reserve the right to limit the number of participants and 
locations during the initial stages of the test.

Previous Notices

    All requirements and aspects of the ESAR II test discussed in the 
August 26, 2008, notice as well as in any other previous notices, 
except to the extent expressly modified by this notice, are hereby 
incorporated by reference and continue to be applicable.

    Dated: March 3, 2009.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
 [FR Doc. E9-4844 Filed 3-5-09; 8:45 am]
BILLING CODE 9111-14-P


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