ace_logo_transparentACE Transition Nears Completion with Three More Mandatory Use Dates

Excerpt from: Sandler, Travis & Rosenberg Trade | July 07, 2016

U.S. Customs and Border Protection has announced the following additional phases of the transition from the Automated Commercial System to the Automated Commercial Environment.

– Aug. 27: mandatory use of ACE for filing electronic protests
– Oct. 1: mandatory use of ACE for all remaining electronic portions of the CBP cargo process (including duty deferral, drawback, reconciliation, collections and liquidation)
– TBD 2016: mandatory use of ACE for electronic filing of remaining partner government agency data (dependent on the completion of PGA regulatory work)

As a reminder, beginning July 23 quota functionality will be activated in ACE, electronic quota submissions must be filed in ACE and ACS will no longer support quota submissions with respect to electronic entries and entry summaries associated with the following entry types.

– 02: consumption – quota/visa
– 07: consumption – antidumping/countervailing duty and quota/visa
– 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
– 38: warehouse withdrawal – AD/CV duty and quota/visa

In addition, electronic entries and entry summaries associated with entry types 06 (consumption – foreign-trade zone) and 23 (temporary importation under bond) that involve quota goods must also be filed in ACE as of July 23 (these entry types that do not include quota goods are already required in ACE).

July 20 will be the last day to submit non-ABI quota transactions and July 22 will be the last day to submit ABI quota transactions in ACS. ACE quota functionality will go live on July 23, and from July 25-29 CBP will input quota lines in ACE that were not input into ACS prior to the cutover.

Quota Filing and Corresponding Entry Types. Quota entries will be filed as entry type 02 until the quota is filled. When filing a quota entry summary and that quota has filled, the trade user will receive a message that the lower duty rate is no longer available. This will mean that filers must submit further entries during the quota period as entry type 01 with the high duty rate.

Preliminary 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 about the pre-allocation review and opening moment will be uploaded to the quota page of CBP’s website once they are approved.

Opening Moment Quotas. Special date filtering rules will apply to quotas that are expected to oversubscribe. In these instances quota entries with presentation dates between 12:00 midnight (local) and 12:00 noon (Eastern) on the quota opening date will receive a presentation time of 12:00 noon (Eastern) to ensure all filers are treated the same in terms of quota priority. Filers making a good faith effort to submit for quota during the opening moment timeframe will be able to take advantage of pre-allocation review to address any issues or concerns with their filing before the quota is allocated.

Post-Summary Corrections and Cancelations. For entries and entry summaries filed in ACS with quota prior to July 23, the ACS paper procedures will continue to be followed. To cancel an entry summary, a paper cancelation request must be submitted to the appropriate port. To correct an ACS entry summary, a paper post-entry amendment must be submitted to the appropriate port. CBP will adjust the quota records as necessary. For entries and entry summaries filed in ACE with quota, the electronic PSC procedures will continue to be followed. To cancel an ACE entry summary, a request will need to be submitted to CBP, which will process the request.

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