How to Prepare for Filing PGA s in ACE Presented for the NCBFAA Educational Institute February 23, 2016

Transcription

1 How to Prepare for Filing PGA s in ACE Presented for the NCBFAA Educational Institute February 23, 2016

2 Agenda Overview & Definitions What agencies/products are involved Current status Timeline What happens on mandatory dates? Examples of how to file products with PGA and/or DIS NHTSA w/dis Lacey Act FDA Prior Notice Tips for compliance What your next steps should be right now Q&A

3 Key Terms PGA- Participating Government Agencies Government agencies that will be participating in the electronic filing of information. Similar to OGA, but new procedures Such as FDA, EPA, DOT, etc. ACS Automated Commercial System (OLD) Where we have been filing transactions before ACE. This is the system CBP is working to shut down. ACE- Automated Commercial Environment (NEW) The system that is replacing the Automated Commercial System designed to simplify and speed up the import process. Deadline to file entries February 28, No free portal, must be sent through software DIS Document Imaging System A recent system from CBP that allows filers to send images of documents ITDS International Trade Data System Provides single window for submitting information, data can be shared between agencies to eliminate redundancy Hybrid submission is an electronic entry or entry summary, with accompanying PGA data filed through paper

4 Overview One entry point for all federal agencies Better coordination between agencies Benefits trade by reducing paper filing CBP has worked with 47 PGAs Some PGAs are live Some PGAs are currently in pilot filing Filers work closely with their software vendors and CBP client rep to file Information is filed via PGA message set or DIS More agencies will be added throughout 2016

5 Update to mandatory dates On Feb 8 th CBP announced a staggered approach to implementing ACE ACS can still be submitted on Feb 28 th, but ACE transactions will receive preference APHIS Lacey Act & NHTSA are only PGAs with scheduled mandatory dates so far FDA details TBA Still scheduled for December 2016 deadline for full implementation of the Single Window via ACE

6 Products affected

7 PGA Timeline March 31, 2016 May 28, 2016 Summer 2016 October 2016 Entry types 01, 03, 11, 23, 51 and 52 (with no PGA besides Lacey Act or NHTSA) APHIS-Lacey Act NHTSA Previous entry types plus 06 (with no PGA) Previous entry types plus 02, 07, 21, 22, 31, 32, 34, 38 AMS APHIS Core ATF CDC DCMA DDTC DEA E&C EPA FSIS FWS NMFS TTB OMC CPSC NRC FAS DOC

8 Poll Have you filed an ACE Entry Summary and/or Release?

9 Entry Summary & Cargo Release CBP Filers December 2015 Entry Summary Cargo Release ACS 24% ACE 13.5% ACE 76% ACS 86.5% Source:

10 Poll Have you filed a PGA transaction?

11 CBP PGA Entries Source:

12 What happens on February 28 th? This WAS when ACE was supposed to be mandatory Now, beginning February 28, 2016 CBP will start winding down ACS by: 1. Offering limited support to the trade for transactions that could've been done in ACE 2. Performing ACS maintenance during peak business hours. 3. Providing processing priority to ACE entries where corresponding ACS entries are still available. Source:

13 What happens on March 31st? Most common entry types will need to be submitted in ACE Filers will be required to file in ACE and no longer permitted to file in ACS the following transactions: Entry types 01, 03, 11, 23, 51 and 52 (with no other PGA besides Lacey Act and/or NHTSA) Source:

14 What happens on May 28th? Previous entry types plus 06 (with no PGA besides NHTSA and Lacey Act) MANDATORY in ACE Source:

15 What happens in Summer 2016? Filers will be required to file in ACE and no longer permitted to file in ACS the following transactions- Previous entry types plus 02, 07, 21, 22, 31, 32, 34, 38 w/no PGA (other than Lacey Act or NHTSA) Additional PGAs added Agricultural Marketing Service (AMS) Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) Remaining APHIS data (APHIS Core) Centers for Disease Control (CDC) Defense Contract Management Agency (DCMA) Directorate of Defense Trade Controls (DDTC) Drug Enforcement Administration (DEA); Enforcement and Compliance Commission (E&C) Environmental Protection Agency (EPA) Fish and Wildlife Service (FWS) Food Safety and Inspection Service (FSIS) National Marine Fisheries Service (NMFS) Alcohol and Tobacco, Tax and Tariff Bureau (TTB) Source:

16 What happens in Oct2016? October 2016: Mandatory use of ACE for all remaining electronic portions of the CBP cargo process In addition to entry types previously made mandatory, this requirement includes: Drawback Protest Reconciliation Statements Adding remaining PGAs- OMC CPSC NRC FAS DOC Source:

17 What about FDA? Food and Drug Administration (FDA) filings will continue to be allowed in ACS to provide more time for industry to transition to ACE. Further information will be provided on the mandatory filing in ACE for FDA data. Source:

18 Sent via PGA Message Set Agencies requiring PGA message set to be transmitted will be sent through your software vendor The screens in your program may look different, but information required should be the same

19 Sent via Document Imaging System (DIS) Many agencies require data to be sent via DIS rather than the PGA message set DIS transmits the imaged document Entry will show as docs required - submit via DIS Entry SUMMARY docs required submit via DIS OR ACE Portal Contact your software vendor to activate

20 Example 1- NHTSA

21 Example 1- NHTSA using DIS HTS requires HS-7 (NHTSA) Screenshot using DIS

22 Example 1- NHTSA using DIS (cont.) In the entry line item, user is alerted for PGA HS-7 (NHTSA) Screenshot using DIS

23 Example 1- NHTSA using DIS (cont.) Header information to submit document

24 Example 1- NHTSA using DIS (cont.) Attaching actual document to be sent to DIS Screenshot using DIS

25 Example 1- NHTSA using DIS (cont.) Commercial Description

26 Example 1- NHTSA using DIS (cont.) We already submitted our docs via DIS

27 Example 1- NHTSA using DIS (cont.) Trade/Brand Info ID Number(s)

28 Example 1- NHTSA using DIS (cont.) Product characteristics (conditional) This vehicle is a different mfg and model year

29 Example 1- NHTSA using DIS (cont.) Product Entities Multiple are required depending on usage

30 Example 1- NHTSA using DIS (cont.) Paper document data

31 Example 1- NHTSA using DIS (cont.) Documents List of product entities Travel documents (conditional on HS-7) Remarks (conditional on HS-7) Conformance Bonds (conditional on HS-7)

32 Example 2- Lacey Act in PGA

33 Example 2- Lacey Act in PGA HTS requires Lacey Act

34 Example 2- Lacey Act (cont.) In the entry line item, user is alerted for Lacey Act

35 Example 2- Lacey Act (cont.) Commercial Description Selecting Agency, Program code, and disclaimer if we need it

36 Example 2- Lacey Act (cont.) Article or component name and quantities Scientific name (genus, species) Where it was sourced

37 Example 2- Lacey Act (cont.) Permit info CITES (conditional) Description Permit info CITES (conditional) Constituent elements (see next slide) Document info, certification

38 Example 2- Lacey Act (cont.) Importer name and contact info Optional remarks PGA Line value Container numbers

39 Example 3- FDA w/prior Notice

40 Example 3- FDA w/prior Notice Tariff number indicates FDA filing is required

41 Example 3- FDA w/prior Notice Select Agency, program and processing code to indicate this is a processed food shipment

42 Example 3- FDA w/prior Notice Enter product code Product is sourced from France

43 Example 3- FDA w/prior Notice Product characteristic description

44 Example 3- FDA w/prior Notice Enter the product entities required for prior notice

45 Example 3- FDA w/prior Notice Example of parties

46 Example 3- FDA w/prior Notice Enter packaging from largest to smallest UOM Importer name and contact info

47 Example 3- FDA w/prior Notice Enter lot information, PGA line value is required here

48 Example 3- FDA w/prior Notice Enter arrival info

49 Example of Release

50 Cargo Release Messages SO messages have replaced RR messages which provide you with your Customs Release status. When transmitting PGA s look for the One USG as this replaces the FDA May Proceed messages. The One USG will be found in the body of your SO message If you have multiple PGA s on an entry and do not receive the One USG message your entry is not fully released from all agencies.

51 Tips Contact software vendor to see if they can move OGA PGA product data electronically See if you can start populating data in the product lists If you have an issue, report to your software vendor ASAP. They and CBP need to know all issues before mandatory. Ask vendor what validations are to prevent issues Watch CSMS messages Know software contact, Client Rep, PGA rep Participate in the ACE Trade Daily Call Review affirmation of compliance codes, Intended use codes, required entities

52 Next Steps ALREADY be actively filing ACE Entry Summary and ACE Cargo Release - CBP is encouraging users to submit electronic entry and corresponding entry summary filings for entry types 01, 03, 11, 23, 51, and 52 with or without Partner Government Agencies (PGA) data. Start filing NHTSA, or APHIS-Lacey Act data right away Review guidance from each PGA Verify with your software vendor Contact your CBP Client Rep and CBP staff assisting with Pilot

53 Thank you! Q&A Additional references (Slides 54-57)

54 PGAs in Single Window

55 PGAs in Single Window

56 Addl cargo release messages Admissible. - An Admissible message is a status notification indicating that the ACE Cargo Release filing appears to be complete and filed in proper form; that CBP has received, accepted and processed the ACE Cargo Release filing; and, if a manifest was filed electronically, that there is a Bill Match, meaning that the bill(s) of lading listed on the ACE Cargo Release filing can be located as active and on-file in the CBP Manifest System. Admissible does not mean that the merchandise has been released by CBP, nor does it guarantee that the merchandise will be released upon arrival in the Port of Entry. An Admissible status does not mean that an official determination has been made concerning the admissibility of the merchandise into the commerce of the United States. CBP Conditional Release - A recognition that all merchandise that is released by CBP is released conditionally and is subject to recall through the issuance of a CBP Notice of Redelivery. CBP Conditional Release Period - The CBP Conditional Release Period is the 30-day period from the time of CBP release or the presentation of required samples, whichever is later. CBP may recall the shipment to CBP custody during the conditional release period. When the importer is directed to deliver a sample to CBP or a PGA, the conditional release period will not begin until the time the sample is received at the proper location. The 30-day period may be extended by the issuance of a FDA Notice of Action. CBP Release - CBP Release message indicates that CBP has determined that the merchandise may be released from CBP custody. All merchandise released by CBP is released conditionally, as it is subject to recall through the issuance of a Notice of Redelivery. Merchandise that is regulated by one or more PGAs may not proceed into the commerce until CBP releases the merchandise and all PGAs that regulate the merchandise have issued a may proceed message. Documents Required - A Documents Required message indicates that CBP and/or a PGA is requesting the production of certain documents or data needed before a CBP Release or PGA may proceed decision can be made. Hold Intact - A Hold Intact message indicates that a particular PGA has requested an examination of the merchandise. Hold intact is independent of a CBP Release message and may be issued by a PGA regardless of the CBP Release message. Merchandise subject to a Hold Intact message must be held intact, unaltered and complete and be sent to a designated location pending the PGA s determination on whether the merchandise may proceed into the commerce of the United States. Merchandise that is not sent to the designated location may be subject to a CBP Notice of Redelivery. After the merchandise reaches the designated location the PGA will determine whether to issue a may proceed message, a partial refusal message, or a refusal message. Intensive Exam - An Intensive Exam message from CBP directs the merchandise to be delivered to a designated examination facility or site for actual physical examination. Merchandise so directed remains in CBP custody and may only be moved under bond. The CBP conditional release period will not begin until CBP releases the merchandise.

57 Addl cargo release messages May Proceed - A may proceed message indicates that a particular PGA has determined that, for its purposes and based on the information provided through ACE, the merchandise may proceed into the commerce of the United States, possibly subject to certain PGA restrictions, e.g., to be shipped to an exempted outlet. When the admission of merchandise is determined by more than one PGA, that shipment will require a separate may proceed message from each PGA that regulates the merchandise before the merchandise may proceed into the commerce. Merchandise that has received a may proceed message from each PGA regulating the merchandise cannot proceed into the commerce until CBP releases the merchandise. Thus, before merchandise is released into the commerce, a CBP release and all required PGA may proceed messages must be received. Once CBP has released the merchandise and all required PGA may proceed messages have been received, a One USG message will be sent to the trade indicating the merchandise may be introduced into the commerce. Note, however, that even after the One USG message has been issued the merchandise is still subject to a Notice of Redelivery. One USG. - A One USG message indicates that the merchandise has arrived, that all data required for entry has been submitted to the U.S. Government, that all PGAs that regulate the merchandise have issued a may proceed and that CBP has conditionally released the merchandise from its custody. This message is based on the data received from the trade and premised on that data being true, accurate and correct. A One US message is always sent, even if the merchandise is not regulated by any PGA. Partial Refusal - A partial refusal message indicates that a particular PGA has determined that a portion of the merchandise may proceed into the commerce of the United States, and that the other portion may not proceed into the commerce. Refused - A Refused message indicates that CBP or a PGA have determined that merchandise may not be admitted into the commerce of the United States for consumption. In some cases, the merchandise will have to be destroyed or exported. In other cases, the merchandise may be moved in-bond or warehoused until the ultimate disposition. Rejected - A Rejected message indicates that the entry has been rejected and returned to the filer for correction and/or the inclusion of required data and information. Sample Required - A Sample Required message indicates that CBP and/or a PGA has directed that a sample of the merchandise be sent to a particular examination facility or laboratory site for inspection or examination. The CBP conditional release period will not begin until the sample is received at the proper location. Note that the conditional release period may be extended if FDA issues a Notice of Action. Under Review - An Under Review message indicates that one or more PGAs are reviewing the applicable data to determine whether to issue a may proceed message or a Hold Intact message. An Under Review message has a direct bearing on a One USG message. A One USG message will not be issued until the review is completed and the merchandise is determined to be admissible into the commerce, i.e., may proceed. Any introduction of the merchandise into the commerce without a resolution of the under review by means of a may proceed message may result in a notice of redelivery, and/or enforcement action by CBP or a PGA. Merchandise subject to an under review message may be released by CBP if it not held for examination, presentation of required data, or held for PGA or other purposes.