How to Prepare for Filing PGA’s in ACE · 2016. 2. 23. · Where we have been filing transactions before ACE. This is the system CBP is working to shut down. ACE- Automated Commercial

How to Prepare for Filing PGA’s in ACE Presented for the NCBFAA Educational Institute

February 23, 2016

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

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, 2016. 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

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

Update to mandatory dates On Feb 8th CBP announced a staggered approach to

implementing ACE ACS can still be submitted on Feb 28th, 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

Products affected

PGA Timeline March 31, 2016

•Entry types 01, 03, 11, 23, 51 and 52 (with no PGA besides Lacey Act or NHTSA) •APHIS-Lacey Act •NHTSA

May 28, 2016

•Previous entry types plus 06 (with no PGA)

Summer 2016

•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

October 2016

•OMC •CPSC •NRC •FAS •DOC

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

Entry Summary & Cargo Release CBP Filers

ACE 13.5%

ACS 86.5%

Cargo Release

ACE 76%

ACS 24%

Entry Summary

December 2015

Source: http://www.cbp.gov/sites/default/files/documents/External_December%20ACE%20Adoption%20Rate_Final_0.pdf

Poll Have you filed a PGA transaction?

Source: http://www.cbp.gov/sites/default/files/documents/External_December%20ACE%20Adoption%20Rate_Final_0.pdf

CBP PGA Entries

What happens on February 28th? 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: http://apps.cbp.gov/csms/docs/21467_1040482689/Updated_ACE_Transition_Timeline.pdf

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)


What happens on May 28th? Previous entry types plus 06 (with no PGA besides NHTSA

and Lacey Act) MANDATORY in ACE


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)


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: http://www.cbp.gov/trade/automated/ace-mandatory-use-dates

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: http://www.cbp.gov/trade/automated/ace-mandatory-use-dates

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

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

Example 1- NHTSA

Screenshot using DIS

Example 1- NHTSA using DIS

HTS requires HS-7 (NHTSA)


Example 1- NHTSA using DIS (cont.)

In the entry line item, user is alerted for PGA HS-7 (NHTSA)

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

document


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

sent to DIS

Commercial Description


We already submitted our docs via DIS


Trade/Brand Info

ID Number(s)


Product characteristics (conditional)

This vehicle is a different mfg and model year


Product Entities Multiple are required depending

on usage


Paper document data



Travel documents (conditional on HS-7)

Conformance Bonds (conditional on HS-7)

List of product entities

Documents

Remarks (conditional on HS-7)

Example 2- Lacey Act in PGA

HTS requires Lacey Act

Example 2- Lacey Act in PGA

In the entry line item, user is alerted for Lacey Act

Example 2- Lacey Act (cont.)

Commercial Description

Selecting Agency, Program code, and disclaimer if we need it



Article or component name and quantities

Scientific name (genus, species)

Where it was sourced


Permit info CITES (conditional)

Document info, certification

Permit info CITES (conditional)

Description

Constituent elements (see next slide)

Importer name and contact info

Optional remarks


PGA Line value

Container numbers

Example 3- FDA w/Prior Notice


Tariff number indicates FDA filing is required


Select Agency, program and processing code to indicate this is

a processed food shipment


Enter product code

Product is sourced from France


Product characteristic description


Enter the product entities required for prior notice


Example of parties

Importer name and contact info

Example 3- FDA w/Prior Notice Enter packaging from

largest to smallest UOM

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


Enter arrival info

Example of Release

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.

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

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

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

PGAs in Single Window

PGAs in Single Window

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.

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.