CBP Clarifies FWS Suspension of Import and Export ACE Pilot
CBP clarified that the Fish and Wildlife Service suspended both its ACE import and export pilots as of Jan. 12 (here). CBP also reiterated that FWS would take a new interim approach to tariff flagging. "Those tariff codes currently flagged as 'FW2' associated with government agency processing code EDS will remain flagged as FW2 and require the FWS 'EDS' Message Set in all cases," CBP said. "All other tariff codes currently flagged as 'FW2' will shift to 'FW1' with the ability to file a newly created disclaimer code 'E' that is specific to FWS or the EDS. FWS is working with CBP to program the inclusion of the FWS Designated Port Exception Permit. The timeline for implementation is dependent upon revision of the FWS Implementation Guide and CBP programming." FWS recently announced it would bring back its the designated port permitting to allow for entries at port without FWS staff present (see 1612140064).
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The changes follow a letter from trade associations in November that raised several concerns for the FWS approach to tariff flagging (see 1611210004), which was seen as onerous (see 1611140019). "FWS and CBP will work with the Commercial Customs Operations Advisory Committee (COAC) to understand the data needs of FWS and the trade’s concerns," CBP said. "The COAC working group will explore potential alternative methods for FWS to collect data and ensure FWS regulated commodities are accurately declared. At the conclusion of the COAC working group, if not sooner, it is expected that the trade and FWS will have collaborated on a way forward." FWS didn't comment.