CBP is expected to soon announce the new deadline for ACE post-release capabilities, including drawback and reconciliation, said trade industry executives involved in ACE implementation. The mandatory use date, originally set for Jan. 14 (see 1612090030), will be announced in a Federal Register notice, said Fany Flores-Pastor, director-R&D compliance systems at Descartes. “I would say I anticipate seeing the notice in the next couple of weeks but that is just a guess,” Tom Gould of Sandler Travis recently said. “If we see a FR notice in 2 weeks it would be 6 weeks before implementation,” he said. A CBP spokeswoman on Feb. 9 said that no update was available on when the new deadline would be announced, but that CBP "will give a 30-day notice" before ACE filing is required.
CBP provided some information on drawback claims for when ACE becomes mandatory for electronic filers. "Drawback manufacturing claims for export to Canada (CA) or Mexico (MX) under NAFTA must be filed based on the ’lesser of’ either the duty paid in the United States or the duty paid in the NAFTA country," CBP said in a CSMS message (here). "In cases where the final product exported to CA/MX was manufactured from more than one imported part, ACE Drawback is designed to allow for multiple line input in the 43 record (Import Revenue Claimed). In the claim amount field, the 'lesser of' duty amount paid should be allocated across each line. An even allocation is not necessary, so long as the amount totals the lesser duty amount claimed." The agency said in another CSMS message (here) that all "substitution unused merchandise drawback claims containing exports of citrus to Canada must be filed separately." CBP hasn't released a new date for the deployment of drawback and other post-release functions in ACE after it was delayed last month (see 1701110039).
CBP issued the following releases on commercial trade and related matters:
CBP provided some details on the coming changes to drawback filing as part of the Trade Facilitation and Trade Enforcement Act of 2015 (see 1603010043), in a new newsletter (here). The changes, which will take effect Feb. 24, 2018, were " long-sought over the past decade by both CBP and the trade," CBP said. The law strengthens "the drawback legal framework and CBP’s ability to more accurately and objectively administer drawback," it said. CBP is developing new regulations on the drawback overhaul (see 1606070040), which will also include a one-year grace period that will allow for claims to be filed either through the legacy or updated program. CBP said it plans to provide monthly updates through the newsletter.
CBP issued the following release on commercial trade and related matters:
CBP will delay the changes to Post-Summary Corrections (see 1701060029) and the periodic monthly statements (see 1612090021) that were scheduled to take effect Jan. 14, it said in a notice (here). That notice and another (here) officially delay the major ACE deployments that were scheduled for Jan. 14. CBP previously announced the delay in the deployment (see 1701110039), which was to include liquidation, drawback, reconciliation, duty deferral, collections and statements (see 1612090030). The delay is based on an assessment of "stakeholder readiness for the mandatory transition of postrelease capabilities in ACE, including the modifications to the reconciliation test and the transition of reconciliation filings from [Automated Commercial System] to ACE," it said.
CBP postponed some major deployment plans for ACE originally set for Jan. 14, the agency said in a CSMS message (here). The scheduled deployment was to include liquidation, drawback, reconciliation, duty deferral, collections and statements (see 1612090030). "In consideration of stakeholder feedback and the complexity of the ongoing integration testing, CBP is providing additional time to prepare for the final core ACE deployment and ensure a smooth transition of liquidation, drawback, reconciliation, duty deferral, collections, statements and Automated Surety Interface capabilities in ACE," it said. "CBP will provide updated information and a new deployment date in the near future." Although it is postponing the ACE mandatory use date for drawback, most liquidation capabilities, reconciliation, duty deferral, collections, statements and the Automated Surety Interface, CBP will still move forward on Jan. 14 with posting notices of liquidation to its website as planned (see 1612090026).
The International Trade Commission on Jan. 1 posted the Preliminary Edition of the 2017 Harmonized Tariff Schedule (here). The new HTS implements a wide range of changes to the World Customs Organization’s Harmonized System tariff nomenclature, which forms the basis for the HTS, that took effect at the beginning of 2017. This is the sixth and final part of International Trade Today's multipart summary, covering vehicles, precision instruments, manufactured articles and special tariff provisions under chapters 87-99. This part also includes a list of subheadings that were assigned the special program indicator (SPI) "NP" to denote eligibility for the Nepal Preference Program.
CBP won't add capabilities in ACE for Automated Broker Interface filing of Importer Security Filing transactions or the Automated Surety Interface as was planned in the Jan. 14 deployment, it said in a CSMS message (here). CBP said it would send out a notice about the future deployment date for ISF and that an "interim solution developed with the sureties will be in place until ASI is deployed in full at a later date." CBP will still require filing in ACE beginning on Jan. 14 for drawback and duty deferral entries (see 1612090030). "CBP encourages filers to transmit all available transactions prior to 5pm EST on Friday, January 13, in advance of the cutover," the agency said. "If updates are required to Reconciliation, Drawback or Duty Deferral transactions filed in [the Automated Commercial System] prior to the cutover, filers will need to work with the Ports/Centers of Excellence and Expertise as appropriate." Also as of Jan. 14, Food and Drug Administration stand-alone prior notice submissions won't be accepted through ACS.
CBP is looking at whether to relax a limit on the number of import entries allowed on manual drawback entries after Jan. 14, said Randy Mitchell, director, Commercial Operations, Revenue and Entry Division, at CBP. Mitchell, who spoke on a drawback webinar Jan. 4, said the agency right now still plans to limit manual claims filed at drawback centers to 25 import data "elements" starting Jan. 15, as described in the ACE Entry Summary Business Rules (here). But, "we're discussing right now if we need to broaden that," he said. "We're really working with our operational office also because it really impacts them if we loosen that policy decision up and include all of the import entries," he said. CBP is "weighing all those concerns" and will update its business rules if it decides a change is necessary, he said. Several webinar participants inquired about the limit.