CBP to Discontinue PEAs for ACE Entries, Update on PEAs for AD/CVD
U.S. Customs and Border Protection has issued a general notice announcing a modification to its Post-Entry Amendment (PEA) Processing test1, which allows the amendment of entry summaries prior to liquidation. Effective September 22, 2011, the test is being modified to reflect that PEA procedures will no longer be accepted for entry summaries filed in the ACE. In addition, this notice states that for any PEA which results in antidumping/countervailing duty (AD/CVD) cash deposits due (or bond, if allowed), such deposits or bond are due with the submission of the PEA.
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The notice also announces that the PEA test is extended for an additional three-year period, or such period as may be subsequently announced by CBP.
PEAs Will No Longer be Accepted for ACE Entry Summaries on Sept 22
In a related general notice, CBP announced its plan to conduct a National Customs Automation Program test concerning new ACE Entry Summary, Accounts and Revenue (ESAR IV) capabilities specific to Automated Broker Interface (ABI) processing of post summary corrections (PSCs) for entry summaries filed in ACE. The notice stated that a PSC transaction will replace the existing PEA hard copy process for entry summaries filed under ACE. Accordingly, this notice announces conforming and other changes to the PEA test whereby PEA procedures will no longer be accepted for entry summaries filed in ACE effective September 22, 2011.
(See ITT’s Online Archives or 06/24/11 news, 11062420, for BP summary of CBP’s general notice on PSCs.)
AD/CV Cash/Bonds Due with PEA, No De Minimis Amount, Possible Liq Damages if Missing
CBP’s notice also states that for any PEA which results in AD/CVD cash deposits due (or bond, if allowed), such deposits or bond are due with the submission of the PEA. There is no de minimis amount for AD/CVD duties. Liquidated damages may apply if the appropriate AD/CVD duties (or bond) are not submitted with the PEA.
PEAs Should Not be Used as Means of Submitting a Prior Disclosure
In addition, CBP requests that participants not use submissions made under this test as a means of submitting a prior disclosure under 19 USC 1592. If a participant wishes to file a prior disclosure for an entry summary amended under this test, the rules and procedures set forth in 19 CFR 162.74 (available here) should be followed.
1The PEA test procedure is authorized under 19 CFR 101.9(a) (available here) and allows importers to amend entry summaries (not informal entries) prior to liquidation by filing with CBP either an individual amendment letter upon discovery of certain kinds of errors or a quarterly tracking report covering certain other errors that occurred during the quarter.
(See ITT’s Online Archives or 05/27/11 news, 11052731, for BP summary of CBP announcing that PSC functionality would be deployed on June 4 and PEAs would no longer be accepted for entry summaries filed in ACE effective 90 days after the June 4 deployment date.
See ITT’s Online Archives or 06/07/11 news, 11060719, for BP summary of CBP deploying PSC on June 4.)
CBP contact- Laurie Dempsey (202) 863-6509 or laurie.dempsey@dhs.gov