News
Print PDF

Practice Areas

CBP Updates ACE Transition Timeline

Wednesday, March 30, 2016
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has provided additional details on its modified schedule for completing the transition from the Automated Commercial System to the Automated Commercial Environment. Regardless of the mandatory dates listed below, CBP states that filers should be filing all available electronic entries and entry summaries, with or without participating government agency data, in ACE now.

March 31. Effective March 31, ACE will be the sole electronic data interchange system authorized by CBP for processing the following.

- electronic entry summaries associated with the following entry types without participating government agency data: 01 (consumption), 03 (consumption – antidumping/countervailing duty), 11 (informal), 23 (temporary importation under bond), 51 (Defense Contract Administration Service Region) and 52 (government – dutiable)

(According to CBP, this means that regardless of whether or not the underlying entry requires the submission of PGA data, the entry summary portion is required to be filed in ACE. Methods to file these transactions in ACE on March 31 include ACE entry/cargo release followed by ACE entry summary (two-step process), ACS entry (release) followed by ACE entry summary (two-step process), ACE entry summary certified for ACE entry/cargo release, and ACE entry summary certified for ACS entry (release).)

- electronic entries and/or corresponding entry summaries associated with the above entry types with Animal and Plant Health Inspection Service (for Lacey Act transactions) or National Highway Traffic Safety Administration data, unless paired with other PGA data on the same transaction

(Disclaimers will be considered PGA data. If a NHTSA or APHIS Lacey Act entry is filed with a disclaimer for another PGA, the entry may still be filed in ACS after March 31. Interim procedures (see below) may be followed for ACE filings with NHTSA or APHIS Lacey Act data that are paired with another PGA’s data, including disclaimers. This also applies to APHIS Lacey Act and NHTSA disclaimers; i.e., if an importer has an import without APHIS Lacey Act or NHTSA because one or more lines is disclaimed, the entry (cargo release) must be filed in ACE.)

CBP notes that the lifecycle of an entry or entry summary filed in ACS prior to March 31 may be completed in ACS.

Interim Procedures. ACE transactions that require APHIS Lacey Act or NHTSA data must have this data as part of the PGA message set on the entry when filed. For other PGA requirements in ACE, the following interim procedures should be followed until each PGA is required to be filed as PGA message set.

1. For filers accepted into any PGA message set pilot, the filer may submit the documents electronically via the PGA message set.

2. If the filer is not currently participating in a PGA message set pilot, and the Document Image System is permitted as an acceptable means for the specific document, filers may submit the documents to ACE via DIS through EDI transaction via approved software or through the DIS email address.

3. If both PGA message set and the DIS are unavailable, the paper document may be submitted according to current procedures. A cover letter should be provided that includes the entry number, a point of contact and phone number when a full entry package is not presented.

May 28. In addition to what will be required by March 31, as of May 28 ACE must be used for the following transactions.

- electronic entries (in addition to entry summaries) associated with the above entry types without PGA data (except those with APHIS Lacey Act and NHTSA data, as detailed above)

- electronic entries and corresponding entry summaries for entry type 06 (consumption – foreign-trade zone) without PGA data or with APHIS Lacey Act or NHTSA data, unless paired with other PGA data on the same transaction

Food and Drug Administration filings will continue to be allowed in ACS until further notice to provide more time for industry to transition to ACE.

Summer. As of an as-yet unspecified date this summer, filers will be required to file in ACE electronic entries and entry summaries associated with the following entry types.

- entry types 02 (consumption – quota/visa), 07 (consumption AD/CV duty and quota/visa combination), 12 (informal – quota/visa (other than textiles)), 21 (warehouse) and 22 (re-warehouse)

- entry summary types 02 (consumption – quota/visa), 07 (consumption – AD/CV duty and quota/visa combination), 11 (informal), 12 (informal – quota/visa (other than textiles)), 21 (warehouse), 22 (re-warehouse), 31 (warehouse withdrawal – consumption), 32 (warehouse withdrawal – quota), 34 (warehouse withdrawal – AD/CV duty) and 38 (warehouse withdrawal AD/CV duty and quota/visa combination)

Throughout the summer the following agencies will provide functionality for filing electronically in ACE if they have not already done so (those in bold have been recently added): Agricultural Marketing Service; Alcohol and Tobacco Tax and Tariff Bureau; remaining APHIS data (APHIS core); Bureau of Alcohol, Tobacco, Firearms and Explosives; Centers for Disease Control; Consumer Product Safety Commission; Defense Contract Management Agency; Directorate of Defense Trade Controls; Drug Enforcement Administration; Enforcement and Compliance Commission; Environmental Protection Agency; Fish and Wildlife Service; Food Safety and Inspection Service; Foreign Agricultural Service; National Marine Fisheries Service; Nuclear Regulatory Commission; Office of Marine Conservation; Office of Textiles and Apparel; and U.S. Trade Representative.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines