[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5199-5200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1768]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Automated Commercial Environment (ACE): Elimination of C-TPAT 
Requirement To Establish ACE Importer and Broker Accounts

AGENCY: Customs and Border Protection; Department of Homeland Security.

ACTION: General notice.

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SUMMARY: This notice announces a change to the application requirements 
when applying to become an Importer or Broker Account so as to access 
the Automated Commercial Environment (ACE) Secure Data Portal (``ACE 
Portal'') or to participate in any ACE test. Specifically, applicants 
seeking to establish importer or broker accounts so as to access the 
ACE Portal, or to participate in any ACE test, are no longer required 
to provide a statement certifying participation in the Customs Trade 
Partnership Against Terrorism (C-TPAT). Participation in C-TPAT has 
never been a requirement to establish a carrier account.

EFFECTIVE DATES: The elimination of the C-TPAT requirement to establish 
an account or participate in any ACE test is effective immediately.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Maricich via e-mail at 
<a href="/cdn-cgi/l/email-protection#2964404a41484c450764485b404a404a41694d415a074e465f"><span class="__cf_email__" data-cfemail="dc91b5bfb4bdb9b0f291bdaeb5bfb5bfb49cb8b4aff2bbb3aa">[email protected]</span></a>, or by telephone at (703) 668-2406.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2002, CBP published a General Notice in the Federal 
Register (67 FR 21800) announcing a plan to conduct a National Customs 
Automation Program (NCAP) test of the first phase of the Automated 
Commercial Environment. In this notice, CBP stated that it planned to 
select approximately forty importer accounts from the list of qualified 
applicants for the initial deployment of this test. The notice also 
stated that additional participants may be selected throughout the 
duration of this test. In order to be considered as one of the initial 
participants, importers' applications had to be received by CBP by June 
1, 2002. Applications had to include the importer name, a unique 
importer number, a statement certifying participation in C-TPAT, and a 
statement certifying the capability to connect to the Internet.
    On June 18, 2002, CBP extended the application period for those 
desiring to be one of the initial importer participants by publishing a 
second General Notice in the Federal Register (67 FR 41572). That 
notice emphasized that applications to be an initial participant had to 
be submitted to CBP prior to August 1, 2002. Applications would be 
accepted after that date, but parties who so applied would be placed on 
a waiting list and considered for participation pending expansion of 
the technology.
    On February 4, 2004, CBP published a third General Notice in the 
Federal Register (69 FR 5362) announcing the next step toward the full 
electronic processing of commercial importations in ACE, with a focus 
on identifying authorized importers and brokers to participate in the 
test to implement the Periodic Monthly Statement Process. The Notice 
stated that participants in this test would benefit by having access to 
operational data through the ACE Portal, enjoying the capability of 
being able to interact electronically with CBP, and making payments of 
duties and fees on a periodic monthly basis. Customs brokers, in order 
to apply, were required to provide names of the initial forty-one 
importers participating in the test by whom they had been or will have 
been designated as the authorized broker. In order to establish an ACE 
Broker Account, a broker was further required to file an application 
for participation which was to include the broker name, unique 
identification number, filer code, statement certifying participation 
in C-TPAT, statement certifying the capability of connecting to the 
Internet, statement certifying capability of making periodic payment 
via the Automated Clearing House (ACH) Credit or ACH Debit, and a 
statement certifying capability of filing entry/entry summary via 
Automated Broker Interface (ABI).
    Also on February 4, 2004, CBP published a General Notice in the 
Federal Register (69 FR 5360) which described the application process 
to be followed in order to establish a truck carrier account so as to 
be eligible to participate in the electronic truck manifest 
functionality. C-TPAT participation is not required in order to 
establish a truck carrier account.
    On September 8, 2004, CBP published a General Notice in the Federal 
Register (69 FR 54302), reminding the public that importers and their 
designated brokers may still apply to establish accounts so as to 
participate in the Periodic Monthly Statement Process. The Notice again 
invited customs brokers to participate in the ACE Portal test 
generally.

C-TPAT Participation No Longer Required

    In order to encourage maximum participation in ACE and make 
benefits such as periodic monthly payment widely available, the 
application process to establish an importer or broker account or to 
participate in any ACE test will no longer require that a statement 
certifying C-TPAT participation be provided. It is important to note 
that this in no way indicates that the support of CBP management for 
the C-TPAT program has diminished. C-TPAT participants

[[Page 5200]]

will continue to realize specific benefits such as reduced 
examinations. Removal of the C-TPAT requirement for participation in 
ACE is intended to increase the usage of ACE so as to further 
streamline the commercial importation process, which will benefit both 
the importing community and CBP.

    Dated: January 27, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-1768 Filed 1-31-05; 8:45 am]
BILLING CODE 4820-02-P


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