July 23rd 2016 Information Notice

Notice to Trade: ACE Capabilities Deployed and Mandated on 7/23/16

Activation and Mandate in ACE for Quota Entry Types and Reject Notifications for ACS submissions
(as of July 21, 2016)

Beginning July 23, 2016 trade parties will be required to submit electronic entries and entry summaries for additional entry types to the Automated Commercial Environment (ACE).  Electronic entries and entry summaries associated with the following entry types will be accepted and mandated in ACE: 02, 07, 12, 21, 22, 31, 32, 34, and 38.  Filing of electronic entries and entry summaries associated with entry types 06 and 23 were previously mandated in ACE if they did not include quota merchandise.  Filing of these transactions with quota merchandise will also be mandated on July 23, 2016.

If you file these entry types electronically, please make sure your software vendor has coded for them as necessary.  For reference, a list of certified software vendors is available on CBP.gov. The necessary technical documentation is available in the ACE Cargo Release and Entry Summary Create/Update chapters of the ACE Customs and Trade Automated Interface Requirements (CATAIR).
 

Quota

The ability to file these additional entry types in ACE means that quota functionality will be activated in ACE and ACE filing will be mandatory for electronic quota submissions after July 23, 2016.  The Automated Commercial System (ACS) will no longer support quota submissions after the transition.  The Quota cutover timeline from ACS to ACE follows below.  Further details about the transition will be posted on CBP.gov under the ACE Features section as changes occur.

Additionally, the following quota capabilities will be available in ACE, and are described as a quick technical reference for the July 23, 2016 deployment; trade users should refer to current policy and directives for specific guidance in each of these areas.

• Quotas and USDA Licenses: ACE will now automatically allocate all quotas for both commodity based quotas and USDA Import Licenses.
• Quota Filing and Corresponding Entry Types: Quota entries will be filed as entry type 02 with a quota Harmonized Tariff Schedule (HTS) number until the quota is filled.  Once quota has filled, closed or is otherwise unavailable, entries should be filed in ACE using an entry type 01 or other non-quota entry type with the high rate of duty. CBP will no longer need to process non-quota entry/entry summaries as quota. Trade filers will receive system messages for their particular transaction notifying them of quota processing status depending on the entry type, HTS, and quota fill status.
• Filing Certified from Summary: Trade filers must file quota entries (cargo release) as Certified from Summary.  CBP will process the entry summary for quota, and the entry will be processed for CBP and Partner Government Agency (PGA) release requirements.  Any reject on the entry or entry summary portion at that point should be refiled independently.  Rejected entry summaries do not need to be filed as Certified from Summary.  Warehouse withdrawals for entry types 32 and 38 should not be Certified from Summary, since there is no cargo entry involved.
• Presentation Date: Quota presentation date will be calculated by ACE based on the latest of the following three electronic timestamps; 1) submission timestamp of the Automated Broker Interface (ABI) transmission or clock stamp of the paper Non-ABI, 2) arrival timestamp of the vessel for cargo entry, and 3) the payment timestamp or timestamp when a future payment date is scheduled via statement.  (To clarify, this is not the future date, but the date the scheduling itself occurs.)  For quota warehouse withdrawals, the arrival timestamp is not used.
• Paper Documents: CBP will not require paper entries for filing of quota in ACE.  An ABI transmission is sufficient for processing of most quotas.  Trade filers will receive response messages from ACE as the entry is accepted and quota is processed.  Non-ABI submissions are acceptable, but will be subject to manual processing by CBP, and may result in delays in quota processing.  Supporting documents, licenses, permits, or certificates may be transmitted via the Document Image System (DIS), provided policy or other directives allow.
• Quota Query: ABI Quota Query will be available in ACE on July 24, 2016.  This will provide a status of allocated quota at the time of query, but will not include unprocessed quota or quota pending allocation, similar to what was provided in ACS Quota Query.  Port personnel may be consulted for guidance on the status of particular quotas if near filling.
• Quota Allocation: Generally, ACE will allocate quota based on the presentation date and electronic timestamps once a day via an automated process.  USDA licenses will allocate on a more frequent basis.  Once allocated, filers will receive a UC Message informing them of final allocation.
• Manual Allocation: CBP will be able to manually allocate quotas when needed.  Such anticipated circumstances are for protests, corrections and adjustments, systems issues, and various specials cases that may occur.
• Opening Moment Quotas: Special rules will apply to quotas that are expected to fill at opening. In these instances quota entries with presentation dates between 12 midnight (local) and 12 noon (Eastern) on the quota opening date will receive a presentation time of 12 noon (Eastern) to ensure all filers are treated the same in terms of quota priority.  Quota processing for opening moment can be held so that CBP Headquarters personnel can review lines subject to opening moment prior to issuing proration via ACE.  Once ready for processing, ACE will reject the entry summary, and the filer will be notified via UC message of the amount of proration they receive.  The filer may then resubmit the rejected entry summary for quota allocation up to the amount of the proration, or take other action as appropriate (leave in warehouse, allotment transfer, etc).  The trade community may continue to participate in opening moment tests with CBP in the CERT environment up through October by contacting their ABI Client Representative. The details of this process will be posted to the Quota Page of CBP.gov once approved.
• Pre-Allocation Review: CBP will be replacing the paper preliminary review with a pre-allocation review in ACE that will provide 72 hours after opening moment for the redress of any concerns prior to allocation.  Details around the pre-allocation review and opening moment will be posted on the  Quota Page of CBP.gov once approved.
• Post Summary Corrections (PSC) and Cancelations: ACE will be the one system for quota allocations following July 23, 2016.  For entries and entry summaries filed in ACS with quota prior to July 23rd, the ACS paper procedures will continue to be followed.
  • To cancel an ACS entry summary, a paper cancelation request must be submitted to the appropriate port for CBP to cancel the entry summary. To correct an ACS entry summary, a paper Post Entry Amendment (PEA) must be submitted to the appropriate port. CBP will adjust the quota records as necessary in ACE. 
  • For entries and entry summaries filed in ACE with quota, the electronic PSC procedures will continue to be followed.  PSCs do not need to be Certified from Summary.  Note that a PSC will be considered a new quota submission.  The trade filer should carefully monitor quota status if a PSC is involved, especially if that quota has since filled.  In that case, after backing out the quota to accept the PSC, quota will no longer be available even if previously allocated, and the quota will remain closed.  Headquarters or Port personnel may provide additional guidance in this area. 

• UPDATED - Visa, eCERT and other Licenses, Permits and Certificates (LPCs):  LPC/Visa/eCERT/Quota requirements are driven by the HTS, country and/or textile category depending on the circumstance.  The need to file with a Visa, eCERT or other LPC and which entry type to use will be determined by the combination of these factors, and are specified in quota policy and directives. These programs should be reported electronically in the 51 or 52 record of the entry summary AE ABI transmission following the formats in the Entry Summary CATAIR.  This includes reporting of multiple certificates per CSMS #08-000339 for Haiti Hope, where the eCERT is reported in the 51 record and the OTEXA Earned Import Allowance Certificate (EIAC) is reported as a type 13 in the 52 record. For Dominican Republic EIAC, it is a type 25 in the 52 record.  Canada and Mexico TPLs are reported as 03 for CA and 04 for MX in the 52 record.  eCERT for Australia will be reported as a type 08 in the 52 record.  Requirements for submitting document images via DIS or originals in paper will be subject to policy and regulatory guidance.
• Remote Location Filing (RLF): RLF is available in ACE for both quota and visa transactions after July 23, 2016.  Additional details will be available on CBP.gov and via policy directives.  Timestamp and time zone for presentation will be determined based on port of processing.

Quota Resources

• CBP.Gov Quota Page
• Quota Bulletin 16-128
• CBP.Gov Directives
• CBP.Gov Post Release Features
• ACE Entry Summary Business Rules and Process Document
• Part 132 – Quotas of the Title 19 e-CFR
• For additional ACE and quota related questions please contact Ask ACE at AskACE@cbp.dhs.gov or visit the ACE Support Page.

ACS Reject Notifications

As announced through Federal Register Notice 81 FR 32339, effective July 23, 2016 ACE will be the sole CBP-authorized Electronic Data Interchange (EDI) system for processing electronic entry and entry summary filings of certain entry types.  ACS will no longer be a CBP-authorized EDI system for purposes of processing the following entry types:

• 01—Consumption—Free and Dutiable
• 02—Consumption—Quota/Visa
• 03—Consumption—Antidumping/Countervailing Duty
• 06—Consumption—Foreign Trade Zone (FTZ)
• 07—Consumption—Antidumping/Countervailing Duty and Quota/Visa Combination
• 11—Informal—Free and Dutiable
• 12—Informal—Quota/Visa (other than textiles)
• 21—Warehouse
• 22—Re-Warehouse
• 23—Temporary Importation Bond (TIB)
• 31—Warehouse Withdrawal—Consumption
• 32—Warehouse Withdrawal—Quota
• 34—Warehouse Withdrawal—Antidumping/Countervailing Duty
• 38—Warehouse Withdrawal—Antidumping/Countervailing Duty & Quota/Visa Combination
• 51—Defense Contract Administration Service Region (DCASR)
• 52—Government—Dutiable

Beginning July 23, 2016 ACS will reject all entry or entry summary submissions for these entry types.  The reject notifications will read:

If you receive a reject notification, please ensure your software has been properly coded to submit to ACE and that your submission was sent to ACE.  If you have questions about your software, please reach out to your software vendor.
 

ACE Filing Support for July 23rd Transition Date

For technical issues during business hours, 8:00am to 8:00pm EST, please contact your client representative.

• Client representatives will have access to the ACE Business Office (ABO) war room that will be staffed 8:00am to 8:00pm EST from July 22nd thru July 29th to handle issues related to transactions mandated in ACE on July 23rd.
• Outside of normal business hours please contact the ACE help desk by phone at (866) 530-4172 or email ACE Support at ACE.Support@cbp.dhs.gov.

For operational issues please contact the corresponding Port of Entry or Center of Excellence and Expertise (CEE).  For any additional questions or concerns please refer to the ACE Support page.

In the event of an ACE system slow down or outage, CBP has procedures in place to address system issues and communicate with users just as we’ve had with ACS.  Port downtime or workaround procedures will be implemented as determined by the Office of Field Operations, and guidance to the trade community will be timely communicated via the Cargo Systems Messaging Service (CSMS).  Filers should continue to work with the local port office regarding the movement of goods.
 

Notice to PGAs: ACE Capabilities Deployed on 7/23/16

Activation and Mandate in ACE for Quota Entry Types

Beginning July 23, 2016 trade parties will be required to submit electronic entries and entry summaries for quota entry types (02, 07, 12, 21, 22, 31, 32, 34, and 38) to ACE. 

The ability to file these additional entry types in ACE means that quota functionality will be activated in ACE and ACE filing will be mandatory for quota submissions after July 23, 2016.  This will impact agencies such as Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS), Office of Textiles and Apparel (OTEXA).  These organization will receive information from entries filed in ACE, with accompanying agency form data that relate to quota merchandise (i.e., tuna, textiles, etc.).  This content may be accessed through the PGA Data Processing module of your ACE account.
 

Quota Queries

All PGAs will have access to data elements identified in their signed Memorandums of Understanding (MOU) in ACE starting July 23, 2016.  For example, United States Department of Agriculture (USDA) personnel in the Licenses Branch will have the ability to view quota data, manage issuance of USDA licenses as well as HTS numbers flagged for quota.
 

ACE Portal Access

To access ACE data PGAs will require an ACE portal account.