ITDS Board Reports Progress with CPSC, FSIS, ITA, & CG PGAs, Etc.

(According to the report, the goal of the ITDS is to eliminate redundant reporting by creating a “single-window” system, replacing multiple filings, many of which are on paper, with a single electronic filing. This report includes information on the 1) overall status of ITDS implementation; 2) availability of funding, 3) consistency with the World Customs Organization (WCO); 4) recommendations for technological and other improvements to the ITDS; 5) etc.)

Progress by PGAs noted in the 2010 Report, achieved since the 2009 Report, includes (partial list):

AMS -- final clearance of the Agricultural Marketing Service’s data Memorandum of Understanding was in review at CBP. (AMS previously drafted a data MOU and met with CBP attorneys to discuss it.)

APHIS -- the Animal and Plant Health Inspection Service had 124 people with access to entry/entry summary data via the ACE Portal reporting capabilities (up from 119). In addition, APHIS’ Concept of Operations version 3.0 was submitted to CBP on June 18, 2009. Formal CBP approval was given on November 9, 2009.

(Version 3.0 of the APHIS Concept of Operations included the addition of several “to-be” Business Processes, one of which address agency responsibilities resulting from new Lacey Act import declaration requirements contained in the Food, Conservation, and Energy Act of 2008.)

Census. While M3 (exports and mail entry) is still unscheduled, the report notes that the Bureau of Census has primary authority for much of the export data that will be collected, and will play a critical role in shaping requirements for the ACE export module. Next steps for Census include restoring access to update Census reference files in ACS and ACE.

CG. The Coast Guard and CBP have planned a pilot project in the Port of Charleston, which will be the Coast Guard’s first operational trial of ACE. During the pilot, Coast Guard personnel will be using ACE functionality in cooperation with local CBP personnel, for screening, selecting, and inspecting/examining vessels or containers based on information obtained from bills of lading and “BAPLIE” (vessel stow plans) through ACE. Coast Guard users will also try out a new ACE feature that allows for the option to share COTP orders with other federal partners.

The results of this joint USCG/CBP pilot will be shared with the other ITDS member agencies. Future plans beyond the pilot include an exploration of interactions between the DHS Interagency Operations Centers WatchKeeper System and ACE (Watchkeeper is a web-based application under development to collect operational data from a variety of agency databases).

The CG joined ITDS in January 2008, completed an initial Functional Assessment and data architecture submissions in 2009, and submitted its ConOps to CBP on March 30, 2010. Documentation of “as-is” and “to-be” work processes to better understand the likely fit of ACE usage in the joint port operations of the two agencies is planned for FY 2011. This project will also begin identifying shared services needed by CG and CBP to support their joint activities.

As for next steps, CG must (1) document scenario-based “as-is” and “to-be” collaborative inter-agency work processes at national and field levels; (2) develop field-level procedures for the FY 2011 joint ACE pilot; and (3) train CG personnel participating in the pilot.

CPSC. The Consumer Product Safety Administration and CBP signed a MOU in April 2010, which allows CPSC access to CBP’s Automated Targeting System (ATS) through the Import Safety Commercial Targeting and Analysis Center (CTAC).

CPSC has also conducted operational discussions with CBP and completed a revision of its Concept of Operations. The revised Concept of Operations has been submitted to CBP for approval. There are 28 CPSC staff members who have access to data on imports through the ACE Portal.

Next steps for CPSC include (1) continue negotiations on the ITDS/ACE Data MOU, (2) work to build rule sets for ATS, (3) an Operational MOU has been submitted to CBP for review. The agencies will continue to negotiate the terms of this document. (4) participating in a pilot program that involves incorporating imaging functionality into ACE. CPSC looks forward to this new capability as it will allow for key admissibility documents to be captured.

(Note that the report said elsewhere that CPSC was piloting the use of product codes for toys. See ITT’s Online Archives or 03/23/11 news, 11032307, for BP summary.)

DDTC. The Directorate of Defense Trade Controls has not yet prepared a Concept of Operations. It has submitted its paperwork for staff access to the ACE Portal, and a Letter of Exchange is in place for DDTC to gain access to the ACE Portal. DDTC has also prepared and submitted to CBP portions of a draft MOU. Next steps include CBP providing Portal Access for DDTC staff; however, further work by DDTC is “on hold” pending Export Control Reform.

EPA. Next steps for the Environmental Protection Agency include (1) conduct a demonstration pilot for system-to-system interoperability using web services, and (2) participate in a pilot to utilize images of EPA-required data for TSCA certifications, FIFRA (Pesticides) Notice of Arrivals (NOAs), and Vehicle/Engine Declarations at select ports of entry.

FMC. The Federal Maritime Commission has 13 staff with access to the ACE Portal (up from 9). The FMC Concept of Operations Version 7.0 is currently under review by CBP (last year it was Version 6.0).

FMC has also submitted a draft MOU to CBP but the final agreement awaits approval of their Concept of Operations and consideration of FMC’s request for access to the Automated Targeting System for investigative purposes.

FDA -- CBP has approved the Food and Drug Administration’s ConOps. A draft CBP/FDA MOU is undergoing review by the agencies. The next step is for FDA to complete the MOU.

FSIS - The Food Safety and Inspection Service’s Concept of Operations was approved by CBP in March 2010. FSIS has drafted a MOU for Data Exchange in consultation with CBP attorneys. The MOU has been approved by FSIS and the USDA’s Office of General Counsel. FSIS is prepared to sign the MOU, pending approval by CBP.

In 2010, FSIS initiated a pilot with GS1¹ and several meat and poultry companies to validate the use of international product classification codes (GTIN) to provide food safety attributes for meat, poultry, and egg products imported into or exported from the U.S. Working closely with industry, FSIS will complete this analysis in early 2011.

In addition, FSIS was 1 of 10 agencies that participated in the Import Safety Conference and was signatory to the agreement on Principles of Import Safety Coordination as well as the MOU on multi-agency cooperation at CBP’s Commercial Targeting and Analysis Center. FSIS provides staff support at CTAC, working closely with CBP and other agencies on import safety issues.

FTZB. Next steps for the Foreign Trade Zone Board include completion of the FTZ account structure in ACE, which will allow the FTZ Board to be able to enter zone site information in the ACE Portal for use by CBP and the business community.

ITA - Given the launch of the A2.3.1a (AD/CVD Entries and Case Management) on February 14, 2010², and the continued use of the AD/CVD portion by the International Trade Administration, a ConOps is no longer necessary to submit to CBP. The Operational and Data MOUs continues to be reviewed and discussed with CBP. Currently, there are more than 50 ITA staff members who have access to the ACE Portal (up from 11).³

As for next steps, (1) ITA must finalize the appropriate Data and Operational MOUs with CBP; (2) CBP is to include AD/CVD entries in the ACE Data Warehouse; and (3) enhancements to ACE Case reference file are to be implemented.

IFDS. Seven Department of Transportation (DOT) agencies will obtain data collected by CBP through a system-to-system interface between ACE and DOT’s planned International Freight Data System (IFDS). The agencies that will use IFDS to access data collected through ACE are:

• Bureau of Transportation Statistics (BTS)

• Federal Aviation Administration (FAA)

• Maritime Administration (MARAD)

• National Highway Traffic Safety Administration (NHTSA)

• Federal Highway Administration (FHWA)

• Pipeline and Hazardous Materials Safety Administration (PHMSA)

• Federal Motor Carrier Safety Administration (FMCSA)

Design work on IFDS is underway. At the current rate of development, IFDS will be operational in 2012. The DOT estimates that IFDS will cost approximately $1.7 million to design, build, test, and deploy.

Note that MARAD has five staff members with access to the ACE Portal. In addition, PHMSA will rely on hazardous materials identification information, such as the UN identification number and Hazard Class, that have been included in the standard data set of the ITDS.

In addition, FMCSA and CBP are developing an interface between the FMCSA data system, Query Central, and ACE, to allow the pre-screening of commercial motor carriers and their drivers and equipment prior to their arrival at U.S. border ports of entry.

FMCSA and CBP entered into a MOU for the exchange of ACE data between the two agencies in early 2010, and CBP has approved phase one of the FMCSA CONOPs.

Next steps for FMCSA include (1) development of an enforcement strategy to address safety compliance issues identified by this data exchange, (2) obtain portal access, (3) conduct user and load testing of the ACE/Query Central Interface, and (4) working with CBP to develop and distribute outreach material to the motor carrier and trade communities.

IRS. The Internal Revenue Service and CBP must finalize their MOU (Data and Operational). Before that can occur, additional language will be necessary regarding the disclosure and security of the data. Development and coordination of the operational MOU will begin in FY 2011.

NMFS. The National Marine Fisheries Service and CBP staff have agreed on a draft ACE Data MOU which is in the final stages of review at CBP. NMFS is consolidating its regional trade data bases as a prerequisite to signing an Interconnect Security Agreement and establishing a two-way data exchange with ACE.

Once connected, it is expected that ACE will validate certain admissibility criteria against NMFS reference files. The two agencies must also come to an agreement on an Operational MOU for NMFS to fully realize the benefits of the ACE hold request capability and access to vessel and rail manifest information that will be available with M1.

NMFS is reviewing internal procedures with an aim to establish a decision framework for requesting holds and responding to shipments held by CBP at the border, and to address disposition of shipments that are determined to be inadmissible. NMFS is preparing a proposed rule to consolidate existing blanket permits for importing/exporting certain seafood commodities, and to expand the scope of the permit requirement to include additional commodities subject to import monitoring programs.

(PGAs with no progress reported since 2009 include (partial list): Foreign Agricultural Service (FAS), Bureau of Industry and Security (BIS), Fish and Wildlife Service (FWS), Transportation Security Administration (TSA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Office of Foreign Assets Control (OFAC), International Trade Commission (ITC), and Office of the U.S. Trade Representative (USTR).)

¹GS1 US™, a not-for-profit member-driven organization, administers the U.P.C. and develops worldwide standards and solutions for identification numbers, data carriers, electronic commerce, and global data synchronization.

²See ITT's Online Archives or 02/16/10 news, 10021605, for BP summary of the deployment.

³While the PGA is the Import Administration, reference to the more familiar ITA was used.

(See ITT’s Online Archives or 03/22/11 news, 11032226, for BP summary that the report found that funding was lacking for all ACE cargo release PGA features.

See ITT’s Online Archives or 03/15/11 news, 11031521, for BP summary that the ITDS Board recommended seeing if AES could be enhanced for more PGAs.

See ITT’s Online Archives or 03/02/11 news, 11030232, for initial BP summary of this report.

See ITT’s Online Archives or 11/30/09 news, 09113010, for BP summary of PGA status updates from the ITDS Board’s 2009 report.)