[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50656-50659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23747]



[[Page 50656]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification and Clarification of the National Customs Automation 
Program Tests Regarding Post-Summary Corrections and Periodic Monthly 
Statements

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

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) modification and clarification to the National Customs 
Automation Program (NCAP) tests pertaining to the processing of post-
summary correction (PSC) claims and periodic monthly statements (PMS). 
Except to the extent expressly announced or modified by this document, 
all aspects, rules, terms and conditions announced in previous notices 
regarding the PSC and PMS tests remain in effect.

DATES: As of November 1, 2017, the modification and clarification to 
the PSC and PMS tests will be operational.

ADDRESSES: Comments concerning this test program may be submitted via 
email to Monica Crockett at <a href="/cdn-cgi/l/email-protection#d095839182b9beb6bfb9beb2bfa890b4b8a3feb7bfa6"><span class="__cf_email__" data-cfemail="eda8beacbf84838b8284838f8295ad89859ec38a829b">[email protected]</span></a> with a subject line 
identifier reading, ``Post-Summary Corrections and Periodic Monthly 
Statements.''

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Randy Mitchell, Director, Commercial Operations, Revenue and Entry, 
Trade Policy and Programs, Office of Trade, via email at 
<a href="/cdn-cgi/l/email-protection#6133000f05184f2c08150209040d0d210203114f0509124f060e17"><span class="__cf_email__" data-cfemail="f8aa99969c81d6b5918c9b909d9494b89b9a88d69c908bd69f978e">[email protected]</span></a>. For technical questions related to ABI 
transmissions, contact your assigned client representative. Interested 
parties without an assigned client representative should direct their 
questions to the Client Representative Branch at (703) 650-3500.

SUPPLEMENTARY INFORMATION: 

I. Background

Post-Summary Correction (PSC) and Periodic Monthly Statement (PMS) Test 
Programs

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization in the North American 
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization 
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on 
trade compliance and the development of the Automated Commercial 
Environment (ACE), the planned successor to the Automated Commercial 
System (ACS) as the CBP-authorized electronic data interchange (EDI) 
system. ACE is an automated and electronic system for commercial trade 
processing which is intended to streamline business processes, 
facilitate growth in trade, ensure cargo security, and foster 
participation in global commerce, while ensuring 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 designed to replace specific 
legacy ACS functions and add new functionality. Section 101.9(b) of 
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides 
for the testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March 
16, 1995). A list of ACE tests is provided in Section III below.

A. PSC Test Program

    On June 24, 2011, CBP published a notice in the Federal Register 
(76 FR 37136) that announced a plan to conduct an NCAP test concerning 
new ACE capabilities allowing importers to file a PSC for certain entry 
summaries using the Automated Broker Interface (ABI). Importers and 
their brokers are also allowed to use ABI to file a PSC to those pre-
liquidation ACE entry summaries that were accepted by CBP, fully paid, 
and under CBP control. On November 19, 2013, CBP published a notice in 
the Federal Register (78 FR 69434) modifying and clarifying the terms 
and conditions of the PSC test. On December 12, 2016, CBP published 
another notice in the Federal Register (81 FR 89482) further modifying 
and clarifying the terms and conditions of the PSC test and expanding 
the list of entry types that could be corrected via a PSC. One of the 
entry types added was entry type 23 (Temporary Importation Bond (TIB)).
    Before the December 12, 2016 notice became effective, CBP published 
another notice on January 9, 2017, in the Federal Register (82 FR 
2385), republishing the December 12th notice, and correcting and 
further clarifying the terms and conditions of the PSC test. 
Subsequently, on January 17, 2017, CBP published a notice in the 
Federal Register (82 FR 4901) delaying the effective date of the 
January 9th notice until further notice. Then, on June 8, 2017, CBP 
published a notice in the Federal Register (82 FR 26699) announcing 
that the January 9th notice would become effective on July 8, 2017. 
Finally, on June 30, 2017, CBP published a notice in the Federal 
Register (82 FR 29910) delaying the effective date until further 
notice.

B. PMS Test Program

    On February 4, 2004, CBP published a notice in the Federal Register 
(69 FR 5362) that announced a plan to conduct an NCAP test concerning 
PMS which allows importers to deposit estimated duties, fees and taxes 
on a monthly basis. CBP modified and clarified the PMS test in seven 
subsequent Federal Register notices published on: September 8, 2004 (69 
FR 54302); February 1, 2005 (70 FR 5199); August 8, 2005 (70 FR 45736); 
September 22, 2005 (70 FR 55623); January 20, 2006 (71 FR 3315); June 
2, 2006 (71 FR 32114); and October 17, 2008 (73 FR 61891). On December 
12, 2016, CBP published a notice in the Federal Register announcing a 
modification to the PMS test. See 81 FR 89482. On January 9, 2017, CBP 
published a notice in the Federal Register (82 FR 2385), republishing 
the December 12, 2016 notice with some corrections and further 
clarification. Subsequently, on January 17, 2017, CBP published a 
notice in the Federal Register (82 FR 4901) delaying the effective date 
of the January 9th notice until further notice. On June 8, 2017, CBP 
published a notice in the Federal Register (82 FR 26699) announcing 
that the January 9th notice would become effective on July 8, 2017. 
Finally, on June 30, 2017, CBP published a notice in the Federal 
Register (82 FR 29910) delaying the effective date until further 
notice.

II. Test Modifications and Clarification

    This document announces a modification and clarification of the PSC 
test, and a modification of the PMS test. The modifications and 
clarification are discussed separately below. Except to the extent 
expressly announced or modified by this document, all aspects, rules, 
terms, requirements, obligations and conditions announced in previous 
notices regarding the PSC and PMS tests remain in effect.

A. Modification of the PSC Test

    This document announces that CBP is extending the deadline for 
filing a PSC. The new deadline requires a PSC to be transmitted within 
300 days of the date of entry or 15 days prior to the scheduled 
liquidation date, whichever

[[Page 50657]]

date is earlier. Prior to this modification, a PSC had to be 
transmitted within 270 days of the date of entry, but could not be 
filed within 20 days of the scheduled liquidation date. This change is 
being made to increase the amount of time a filer has to submit a PSC 
on entry summaries.

B. Clarification of the PSC Test

    CBP announced in the December 12th notice that the types of entries 
that may be corrected by filing a PSC were expanded to additional entry 
types, one of them being entry type 23 (TIB). This notice clarifies 
that a PSC concerning a TIB may be filed only to correct data elements 
of a TIB that do not change a TIB entry to another entry type; in 
addition, this notice clarifies that a PSC may not change data elements 
that change another entry type to a TIB entry. For example, a PSC may 
correct the value declared on a TIB entry, but it may not change the 
classification of the article to a classification that is not entitled 
to be filed as a TIB entry, as that classification change would 
necessarily change a TIB entry to another entry type.

C. Modification of the PMS Test

    The proposed modification, published in the January 9, 2017 notice, 
considers a PMS as paid, in the event the importer uses the Automated 
Clearing House (ACH) debit process, when CBP receives notification from 
the Treasury Department that funds are available and transferred to CBP 
from the financial institution designated by the importer for payment 
of the ACH debit authorization. This modification reverses the proposed 
modification because ACE cannot accommodate the proposed change at this 
time due to technical constraints. Therefore, CBP will continue to 
consider a PMS as paid when CBP transmits the debit authorization to 
the designated financial institution. See 69 FR 5362 (February 4, 
2004).

III. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.
    <bullet> ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
    <bullet> ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
    <bullet> Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 
2008).
    <bullet> ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
    <bullet> Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 
(June 24, 2011).
    <bullet> ACE Announcement of a New Start Date for the National 
Customs Automation Program Test of Automated Manifest Capabilities for 
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
    <bullet> ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
    <bullet> National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Document Image System 
(DIS): 77 FR 20835 (April 6, 2012).
    <bullet> National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Simplified Entry: 
Modification of Participant Selection Criteria and Application Process: 
77 FR 48527 (August 14, 2012).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Regarding Reconciliation for Filing Certain Post-Importation 
Preferential Tariff Treatment Claims under Certain FTAs: 78 FR 27984 
(May 13, 2013).
    <bullet> Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE): 78 FR 44142 (July 23, 
2013).
    <bullet> Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction: 78 FR 53466 
(August 29, 2013).
    <bullet> Modification of National Customs Automation Program Test 
Concerning Automated Commercial Environment (ACE) Cargo Release 
(formerly known as Simplified Entry): 78 FR 66039 (November 4, 2013).
    <bullet> Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434 (November 19, 2013).
    <bullet> National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release to 
Allow Importers and Brokers to Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers: 79 FR 25142 (May 2, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System: 79 FR 36083 (June 25, 2014).
    <bullet> Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
    <bullet> eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond by Filing 
Identification Number, and Email Address Correction: 80 FR 899 (January 
7, 2015).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
    <bullet> Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).

[[Page 50658]]

    <bullet> Modification of NCAP Test Concerning ACE Cargo Release for 
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR 
16414 (March 27, 2015).
    <bullet> Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
    <bullet> National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
    <bullet> Automated Commercial Environment (ACE) Export Manifest for 
Vessel Cargo Test: 80 FR 50644 (August 20, 2015).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency Message 
Set through the Automated Commercial Environment (ACE): 80 FR 52051 
(August 27, 2015).
    <bullet> Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
    <bullet> Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
    <bullet> Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Cargo 
Release for Entry Type 52 and Certain Other Modes of Transportation: 80 
FR 63576 (October 20, 2015).
    <bullet> Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) Entry 
Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary 
Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 
(October 21, 2015).
    <bullet> Modification of the National Customs Automation Program 
Test Concerning the Automated Commercial Environment Portal Account to 
Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015).
    <bullet> Modification of National Customs Automation Program Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency: 81 FR 
7133 (February 10, 2016).
    <bullet> Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings: 81 FR 10264 (February 29, 2016).
    <bullet> Modification of the National Customs Automation Program 
(NCAP); Test Concerning the Partner Government Agency Message Set for 
Certain Data Required by the Environmental Protection Agency (EPA): 81 
FR 13399 (March 14, 2016).
    <bullet> Cessation of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 81 FR 
18634 (March 31, 2016).
    <bullet> Automated Commercial Environment (ACE); Announcement of 
National Customs Automation Program Test of the In-Transit Manifest 
Pilot Program: 81 FR 24837 (April 27, 2016).
    <bullet> Announcement of National Customs Automation Program (NCAP) 
Test Concerning the Submission through the Automated Commercial 
Environment (ACE) of Certain Import Data and Documents Required by the 
U.S. Fish and Wildlife Service: 81 FR 27149 (May 5, 2016).
    <bullet> Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Certain Electronic Entry and Entry Summary 
Filings Accompanied by Food and Drug Administration (FDA) Data: 81 FR 
30320 (May 16, 2016).
    <bullet> Notice Announcing the Automated Commercial Environment 
(ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Entry and Entry Summary Filings: 81 FR 
32339 (May 23, 2016).
    <bullet> Notice Announcing the Automated Commercial Environment 
(ACE) Protest Module as the Sole CBP-Authorized Method for Filing 
Electronic Protests: 81 FR 49685 (July 28, 2016).
    <bullet> Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Portal Accounts to Establish the Protest Filer Account and 
Clarification that the Terms and Conditions for Account Access Apply to 
all ACE Portal Accounts: 81 FR 52453 (August 8, 2016).
    <bullet> National Customs Automation Program (NCAP) Test Concerning 
Electronic Filing of Protests in the Automated Commercial Environment 
(ACE): 81 FR 53497 (August 12, 2016).
    <bullet> Modification of the National Customs Automation Program 
(NCAP) Test Regarding Reconciliation and Transition of the Test from 
the Automated Commercial System (ACS) to the Automated Commercial 
Environment (ACE): 81 FR 89486 (December 12, 2016).
    <bullet> Modification and Clarification of the National Customs 
Automation Program (NCAP) Test Regarding Post-Summary Corrections and 
Periodic Monthly Statements: 81 FR 89482 (December 12, 2016).
    <bullet> Effective Date for the Automated Commercial Environment 
(ACE) Being the Sole CBP-Authorized Electronic Data Interchange (EDI) 
System for Processing Electronic Drawback and Duty Deferral Entry and 
Entry Summary Filings: 81 FR 89486 (December 12, 2016).
    <bullet> Electronic Notice of Liquidation: 81 FR 89375 (December 
12, 2016).
    <bullet> Modification and Clarification of the National Customs 
Automation Program Tests Regarding Post-Summary Corrections and 
Periodic Monthly Statements; Republication with Correction and Further 
Clarification: 82 FR 2385 (January 9, 2017).
    <bullet> Delay of Effective Date for the Automated Commercial 
Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data 
Interchange (EDI) System for Processing Electronic Drawback and Duty 
Deferral Entry and Entry Summary Filings: 82 FR 4900 (January 17, 
2017).
    <bullet> Delayed Effective Date for Modifications of the National 
Customs Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 4901 (January 17, 
2017).
    <bullet> Effective Date for the Automated Commercial Environment 
(ACE) Becoming the Sole CBP-Authorized Electronic Data Interchange 
(EDI) System for Processing Electronic

[[Page 50659]]

Drawback and Duty Deferral Entry and Entry Summary Filings: 82 FR 26698 
(June 8, 2017).
    <bullet> Effective Date for Modifications of the National Customs 
Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 26699 (June 8, 
2017).
    <bullet> Delayed Effective Date for Modifications of the National 
Customs Automation Program Tests Regarding Reconciliation, Post-Summary 
Corrections, and Periodic Monthly Statements: 82 FR 29910 (June 30, 
2017).
    <bullet> Delay of Effective Date for the Automated Commercial 
Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data 
Interchange (EDI) System for Processing Electronic Drawback and Duty 
Deferral Entry and Entry Summary Filings: 82 FR 29910 (June 30, 2017).
    <bullet> Extension and Clarification of Test Program Regarding 
Electronic Foreign Trade Zone Admission Applications and Transition of 
Test from the Automated Commercial System to the Automated Commercial 
Environment: 82 FR 38923 (August 16, 2017).
    <bullet> Automated Commercial Environment (ACE) Becoming the Sole 
CBP-Authorized Electronic Data Interchange (EDI) System for Processing 
Duty Deferral Entry and Entry Summary Filings: 82 FR 38924 (August 16, 
2017).
    <bullet> Delay of Transition of Test Program Regarding Electronic 
Foreign Trade Zone Admission Applications from the Automated Commercial 
System to the Automated Commercial Environment: 82 FR 43395 (September 
15, 2017).

    Dated: October 26, 2017.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2017-23747 Filed 10-31-17; 8:45 am]
 BILLING CODE 9111-14-P


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