[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Notices]
[Page 54302-54303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-61]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Automated Commercial Environment (ACE): Open Application Period
for Participation in a National Customs Automation Program Test for
Importers and Brokers
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: General notice.
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SUMMARY: This notice clarifies that importers and their designated
brokers may still apply to establish accounts so as to participate in a
National Customs Automation Program Test for the ACE Secure Data Portal
(``ACE Portal''). This notice also invites customs brokers to
participate in the ACE Portal test generally. Prior to this notice,
brokers could only participate in the ACE Portal test if they were
designated by participating importers to make Periodic Monthly
Statement payments on their behalf.
DATES: The test application period remains open until further notice.
Comments concerning this notice and all aspects of the announced test
may be submitted at any time.
ADDRESSES: Comments concerning this notice and applications to
establish ACE Importer and Broker Accounts should be submitted to Ms.
Sherri Braxton via e-mail at acenow@dhs.gov.
FOR FURTHER INFORMATION CONTACT: For questions regarding ACE Importer
or Broker Accounts: Ms. Sherri Braxton via e-mail at acenow@dhs.gov or
by telephone at (703) 440-3000. For questions concerning general CBP
Account Management issues contact Mr. Lamar Witmer by telephone at
(202) 344-1320.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2002, CBP published a general notice in the Federal
Register (67 FR 21800) announcing a plan to conduct a National Customs
Automation Program test of the first phase of the Automated Commercial
Environment. In this notice, CBP stated that it planned to select
approximately 40 importer accounts from the list of qualified
applicants for the initial deployment of this test. The notice also
stated that additional participants may be selected throughout the
duration of this test. In order to be considered as to be one of the
initial participants, importers' applications had to be received by CBP
by June 1, 2002.
On June 18, 2002, CBP extended the application period for those
desiring to be one of the initial importer participants by publishing a
second general notice in the Federal Register (67 FR 41572). That
notice emphasized that applications to be an initial participant had to
be submitted to CBP prior to August 1, 2002. Applications would be
accepted after that date, but parties who so applied would be placed on
a waiting list and considered for participation pending expansion of
the technology.
On February 4, 2004, CBP published a third General Notice in the
Federal Register (69 FR 5362) announcing the next step toward the full
electronic processing of commercial importations in ACE, with a focus
on identifying authorized importers and brokers to participate in the
test to implement the Periodic Monthly Statement Process. The notice
stated that participants in this test would benefit by having access to
operational data through the ACE Portal, enjoying the capability of
being able to interact electronically with CBP, and making payments of
duties and fees on a periodic monthly basis. In order for customs
brokers to apply, they had to provide names of the initial 41 importers
participating in the test by whom they had been or will have been
designated as the authorized broker.
Importer Accounts
Through this notice, CBP seeks to expand the number of ACE importer
accounts.
Broker Accounts
Through this notice, CBP also seeks to expand the number of ACE
broker accounts. In order to become an ACE broker account, a customs
broker will no longer need to be designated specifically as the broker
by an ACE importer account participating in the Periodic Monthly
Statement Test.
Receipt of Applications
CBP will give priority to the first 1100 applications it receives.
Additionally, once interested parties have been notified that their
request to participate in the ACE Portal test has been accepted, they
will be asked to sign and submit a Terms and Conditions document. The
application requirements are set forth below.
ACE Importer Account Application
Each importer application for participation in this test must
include the following information:
1. Importer name;
[[Page 54303]]
2. Unique importer number (e.g., SSN, EIN, Customs Assigned
Importer , DUNS );
3. Statement certifying participation in Customs Trade Partnership
Against Terrorism (C-TPAT), and
4. Statement certifying the capability to connect to the Internet.
ACE Broker Account Application
Brokers wishing to participate in this test must first establish an
individual ACE Broker Account. Brokers must submit an application to
establish an ACE Broker Account via e-mail to the e-mail address set
forth in the ADDRESSES portion of the document. Each broker application
for participation in this test must include the following information:
1. Broker name;
2. Unique identification number (EIN, SSN);
3. Filer code;
4. Statement certifying participation in C-TPAT;
5. Statement certifying capability of connecting to the Internet;
6. Statement certifying capability of making periodic payment via
the Automated Clearing House (ACH) Credit or ACH Debit, if applicable;
and
7. Statement certifying capability of filing entry/entry summary
via Automated Broker Interface (ABI).
Additionally, all participants requesting to participate in
Periodic Monthly Statement are required to provide a bond rider
covering the periodic payment of estimated duties.
Notification from CBP
Applicants will be notified by CBP of the acceptance of their
applications. Any applicant who does not meet the eligibility criteria
or who provides an incomplete application will be notified and given
the opportunity to resubmit his or her application.
Authorization for the Test
Pursuant to Customs Modernization provisions in the North American
Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat.
2057, 2170 (December 8, 1993), CBP amended its regulations (19 CFR
chapter I), in part, to enable the Commissioner of Customs and Border
Protection to conduct limited test programs or procedures designed to
evaluate planned components of the National Customs Automation Program
(NCAP). Section 101.9(b) of the CBP Regulations (19 CFR 101.9(b))
provides for the testing of NCAP programs or procedures. See T.D. 95-
21. The ACE Portal test for which participation is being sought in this
notice is established pursuant to that regulatory provision.
Previous Notices
All requirements and aspects of the test discussed in previous
notices are hereby incorporated by reference into this notice and
continue to be applicable. Examples of such requirements and aspects
are the rules regarding misconduct under the test and the required
evaluation of the test (both of which are detailed in the notices
published at 67 FR 21800 and 69 FR 5362).
Dated: September 2, 2004.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 04-20319 Filed 9-7-04; 8:45 am]
BILLING CODE 4820-02-P