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CBP Updates ESAR Test, Adds Access for PSCs, Etc.

November 18, 2013 by Tim Warren|Customs

CBP modified the National Customs Automation Program test that allows importers to use the Automated Broker Interface to file post-summary corrections (PSCs) of certain pre-liquidation ACE entry summaries (ESAR IV). The modifications to the ESAR IV test program "will allow filers greater access to data filed in ACE as it relates to the original entry and any subsequent PSC, limit certain additional data elements from being changed via PSC, and preclude a PSC on any entry that has been protested or where merchandise covered by the original entry has been conditionally released and its right to admission has not been determined," said CBP. CBP has been considering how to handle the question of greater data access since soon after the test was announced in 2011 (see 11081219).

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Modifications Effective Dec. 19

CBP will now allow the original entry summary filer, and any subsequent PSC filer, full access to all entry summary data in a subsequent PSC, meaning "any filer can see the complete entry summary data as modified by a PSC," said CBP. CBP made the change to the test, which previously said full information on the PSC is only available to the filer of the PSC, in response to "considerable" requests for greater access, it said. CBP announced the test in 2011 (see 11062420).

The modification means "when a PSC is filed, the filer of the original entry summary will be notified that the entry summary has been fully replaced by a PSC and the original filer will have full access to the new filing," the agency said. "Similarly, if a subsequent PSC is filed, it fully replaces the previously filed PSC, and the filer of the first PSC will be notified that a new replacement entry summary has been filed and will have full access to the new filing. All of the information in the latest version of the entry summary and all subsequent PSCs will be accessible to all of the filers." An importer should not file a PSC within the test if it does not want the original PSC or entry summary filer to have full access to the subsequent PSC, said CBP.

New Data Elements that Cannot be Changed Through PSC

CBP also added three new data elements that cannot be changed via PSC. Those elements are:

  • Date of Entry
  • Bond
  • Surety Code

New Criteria for Filing a PSC

The agency also added two new criteria for filing a PSC. Under the test, a PSC now cannot be made on entries that have been protested or when any merchandise covered by the original entry has been conditionally released and its right to admission has not been determined, said CBP. CBP also modified the criteria to say "where a PSC results in a formal (type 01) entry being changed/corrected to indicate it is an Antidumping/Countervailing (type 03) entry, or if a PSC for a change/correction to a type 03 entry results in additional AD/CVD duties due, the importer of record must deposit the associated AD/CVD duties (or bond, if allowed) at the same time the PSC is filed and failure to file the deposit of the duties (or bond, if allowed) will result in rejection of the PSC and may result in liquidated damages."

Bonding Clarifications

CBP added some new bonding requirements, which was not mentioned in the original notice. The new guidelines say:

  • If, prior to a PSC filing, a bond is filed that bond will continue to be obligated for the entry. All obligations vesting under the original entry, prior to the filing of a PSC, remain vested and are not obviated by a subsequent PSC filing.
  • If a PSC is filed and accepted by CBP, the bond obligated at the time of entry, as well as any subsequent replacement bonds or superseding bonds, remains obligated for the original entry and the entry summary against which the PSC was filed.
  • New bond data will not be accepted through a PSC

CBP also made clear that it has the authority to reject any PSC that is found not to meet the requirements of the test. A rejected PSC may be resubmitted within two business days of the rejections. CBP will set the entry for immediate liquidation if there is no timely resubmission, it said.

(Federal Register 11/19/2013)