Government sources have confirmed that as reported in a September 2010 DHS OIG Information Technology Management Letter, routine maintenance of the Automated Commercial System (ACS) is increasingly difficult and expensive for a number of reasons, including its use of the COBAL programming language (a language that was created in 1959 and last revised in 1985).1 Sources add that a great deal of funding is also being used to sync ACS data with data in the Automated Commercial Environment (ACE).
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation. More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law. CBP's duty drawback scheme under the Customs Act of 1962 allows exporters to receive a refund on customs duties they paid on imported products that are then used or incorporated into other products for export or remain unused until importation.
U.S. Customs and Border Protection has made all sections of the Automated Broker Interface (ABI) user requirements available for download. CBP has posted a .zip file that contains 76 documents for Appendices A through U, Air In-Bond, Bill of Lading, Border Cargo Release, Drawback, Entry Summary, Importer Security Filing, Etc. Download all sections of ABI user requirements here.
Trade Support Network (TSN) Committee members are expected to meet on December 7, 2011 to discuss a number of Automated Commercial Environment (ACE) topics, including ongoing issues with Post Summary Correction (PSC), such as its functionality in the ACE Portal, the visibility of data elements for original entry summary filers, and the possibility of using the PSC framework to transition ACS drawback to ACE.
U.S. Customs and Border Protection has issued a CSMS message to provide information on a Drawback Compliance Measurement (DCM) program, which it is currently testing in fiscal year 2012. After this one-year test period, CBP will evaluate the DCM procedures and results, in order to determine next steps. CBP notes that the test may result in an increase in requests to the drawback filer for constructed paperless entries.
The Trade Support Network has issued its October 2011 Monthly Committee Report, which indicates that discussions are taking place on issues related to the automation of the export manifest in ACE, as well as using ACE Post Summary Correction (PSC) for drawback. The October report also notes that the implementation plan for ACE e-Manifest: Ocean and Rail (MI) has run into issues that must be resolved prior to opening the program for enrollment.
U.S. Customs and Border Protection has posted the September 2011 Trade Support Network (TSN) Committee Report. The report provides details on the following TSN component activities (partial list):
At the October 4, 2011 COAC meeting, U.S. Customs and Border Protection officials provided an update on the Automated Commercial Environment and the International Trade Data System since the previous COAC meeting in August 2011. According to CBP, ACE continues to be among the agency’s top business priorities. CBP officials also provided an update on its activities on M1, ITDS, Cargo Release, the September 2011 Trade Support Network Plenary, and ACE for Export Processing.
The Court of International Trade has ruled that Ford Motor Company can continue its lawsuit claiming that CBP does not have the authority to reopen 17 drawback entries from 1996-1998 that were "deemed liquidated" one year after they were filed. CBP had wanted the court to dismiss Ford's case, stating that it had the authority to review and then "affirmatively liquidate" them.
U.S. Customs and Border Protection has issued the August 2011 TSN Monthly Committee Report which summarizes the Trade Support Network activities of its ten committees regarding the export manifest, broker management, the official notice of liquidation, drawback in ACE, etc.
The Court of International Trade has ruled to move to trial a case involving BP Oil Supply Company's challenge against a U.S. Customs and Border Protection denial of BP protests claiming substitution drawback on unused merchandise. The CIT ruled that a jury could return a verdict on dispute over facts surrounding the commercial interchangeability and prior use of the merchandise for which BP sought drawback.