International Trade Today is providing readers with some of the top stories for March 14 - March 18 in case they were missed.
CBP New York/Newark released statistics in a pipeline notice showing the "cycle time measurement" of Centralized Examination Stations from October through December. The cycle times refer to the time from ocean container arrival, as transmitted via the Automated Commercial Environment, through final examination completion release date.
The Food and Drug Administration will allow filers to list "unknown" for some required data elements in ACE entries starting April 4, said CBP in a CSMS message (here). While currently listed as mandatory within the FDA's Supplemental Guidance, filers will be able to file entries in ACE without information on intended use code, brand name, device listing number and active ingredient producer, said CBP. "If filers are unable to obtain this information at the time of transmission, a value of 'UNK' (unknown) will be allowed to assist in the transition from ACS to ACE," said CBP. Also, "entity role code 'GD' is temporarily not required for the Active Ingredient Producer" as of April 4, CBP said. Those four data elements will continue to be required and "failure to transmit the complete information, including a value of 'UNK', will result in CBP rejecting the entry," CBP said. "If the correct information or UNK is provided, FDA may request documentation and further information about the entry. FDA highly encourages filers to transmit complete data sets, including Intended Use, Brand Name, Device Listing Number, and Active Ingredient Producer, when required by the specific commodity. Filers that transmit complete information will receive priority review of entries and an expedited review process."
CBP issued the following releases on commercial trade and related matters:
The Department of Energy should “abandon” or “at least, delay finalization,” of its proposed rule to require the filing of additional data elements in ACE for products subject to energy efficiency standards, the Consumer Technology Association said in recent comments (here). CTA objected to the proposed rule “in both substance and timing,” it said. “While all manufacturers and importers must comply with federal law and companies would also want their competitors to do so,” the proposed rule “is unnecessary and unsupported,” it said. The eight-page filing follows joint comments CTA filed Feb. 29 with other groups (see 1603140027), also asking DOE to withdraw the proposed rule or suspend the rulemaking process to do “further analysis and significant outreach.” Other commenters raised similar concerns (see 1603160021). There's “no evidence” DOE’s proposed rule is “necessary,” CTA said in its latest comments. DOE “has not provided any data that supports the allegation that importers across the board are disproportionately bringing non-compliant products into the country at a significant level,” CTA said. The proposed rule “only provides some anecdotal information about imported motors’ noncompliance,” it said. “CTA supports and applauds DOE’s efforts to stop noncompliance, if it is indeed occurring. Considering the high burden that the rule would impose on a vast number of importers, however, CTA asks that DOE provide statistical evidence substantiating its noncompliance concern with the imported products at issue prior to finalizing this rule.” CTA also said there's no evidence the proposed rule “will address the alleged underlying issue,” and the provisions would cover “an overly broad scope of product.” CTA also fears the proposed rule would violate World Trade Organization agreements barring international trade barriers, it said.
The Los Angeles-area seaports and airport "are working to standardize the receiving and processing of physical paper documents for ACE Cargo Release Entries," said Anne Maricich, executive director of the L.A. Field Office in a March 17 public bulletin. Despite the ongoing move to ACE, "there will be instances in which CBP will require paper documents pursuant to partner government agency (PGA) requirements," said Maricich. "For the small number of situations in which PGA regulations preclude the electronic submission of certain certificates and permits through [the Document Image System], original paperwork is still required." When paper documents for ACE cargo release entries is required, filers must include a cover sheet to CBP that includes the ACE entry, entry number, bill of lading number, broker name with contact information and broker box number, said CBP. Each local port has "established designated reception drop-boxes that are specifically labeled 'ACE' for delivery purposes," CBP said. "Failure to submit paper documents via the designated ACE drop box may delay cargo release."
CBP issued the following releases on commercial trade and related matters:
CBP is apparently planning to deploy quota capabilities in ACE this July, according to a CSMS message sent March 16 (here). CBP’s most recent updates to ACE mandatory use dates and its ACE deployment schedule had only said quota entry and entry summary types 02, 07 and 12 would be deployed and become mandatory in “Summer 2016,” alongside entry types 21 and 22 and entry summary types 21, 22, 31, 32, 34 and 38. In the CSMS message, CBP urged filers to begin testing quota in the ACE certification environment. “July is right around the corner, and we encourage all Trade participants to test in CERTIFICATION,” said the agency. Under the previous deadline, CBP said it would deploy quota entry types at the same time it switches off the legacy Automated Commercial System in order to avoid double counting (see 1509030068), in effect making ACE quota mandatory immediately after deployment.
The Energy Department’s proposal to require the filing of additional data elements in ACE for products subject to energy efficiency standards is unnecessarily burdensome, and runs contrary to the federal government’s stated goal of simplifying the import process, said manufacturer and importer associations in comments submitted to the agency (here). The proposed rule results from a misunderstanding of the roles various parties play in the import process, seeking data from importers that is best and most easily – and already – submitted by manufacturers, they said.
The Food and Drug Administration will in the coming days release a new version of its supplemental guide for filing in ACE, said Jessica Aranda, FDA’s ACE outreach lead, during a March 15 webinar. The update will include a number of tweaks, bug fixes and clarifications based on feedback it has received from the trade community. FDA also plans on setting up a 24 help desk for ACE in the “near future,” said Aranda.