[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Notices]
[Pages 15259-15261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8220]


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DEPARTMENT OF THE TREASURY

Customs Service


Announcement of National Customs Automation Program Test: Semi-
Monthly Statement Processing Prototype

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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SUMMARY: This notice announces Customs plan to test the semi-monthly 
filing and statement processing program (semi-monthly processing), and 
invites all eligible importers to participate. Semi-monthly processing 
provides for periodic filing of entry summaries and payment of duties, 
taxes, and fees. Semi-monthly processing allows filers to go to a 
periodic statement and filing process, whereby all estimated duties, 
taxes, and fees along with the corresponding entry summaries for a 
semi-monthly period (fifteen days) are due seven days following the end 
of a fifteen day period. This notice provides a description of the 
semi-monthly processing prototype, outlines the evaluation methodology 
to be used, and sets forth the eligibility requirements to participate.

EFFECTIVE DATES: The semi-monthly processing prototype will commence no 
earlier than April 1998, will be implemented over an 18-month period, 
and will end when the periodic payment/statement feature of ACE is 
available through a NCAP/P test or otherwise in the semi-monthly 
prototype ports. Evaluations of the semi-monthly processing at the 
ports will be conducted periodically. All applications to participate 
in the prototype test must be received within 30 days of the date of 
this notice.

ADDRESSES: Applications should be addressed to Rosalyn McLaughlin-
Nelson, U.S. Customs Service, ACE, 7501 Boston Blvd, Springfield, VA 
22153.

FOR INFORMATION CONTACT: For inquiries regarding the specifics of the 
semi-monthly processing prototype contact Rosalyn McLaughlin-Nelson at 
(703)921-7494. Individual port contact persons will be provided to the 
participants at a later date. For inquiries regarding the eligibility 
of specific importers, contact Margaret Fearon, Process Analysis and 
Requirements Team (202) 927-1413.

SUPPLEMENTARY INFORMATION:

Background

    Title VI of the North American Free Trade Agreement Implementation 
Act (the Act), Pub.L. 103-182, 107 Stat. 2057 (December 8, 1993), 
contains provisions pertaining to Customs Modernization (107 Stat. 
2170). Subtitle B of Title VI establishes the National Customs 
Automation Program (NCAP)--an automated and electronic system for the 
processing of commercial importations. Pursuant to these provisions, 
Customs is in the process of developing a new commercial processing 
system, the Automated Commercial Environment (ACE). The ACE is being 
designed to support the new Trade Compliance processes. One of the main 
features of the ACE will be the periodic summary filing and periodic 
statements function, which will enable each account to pay duties, 
taxes, fees, and other payments owed using a periodic statement cycle. 
During the latter development of the NCAP/P the periodic summary filing 
and periodic statements functional capabilities will be fully 
integrated into the new ACE system. Semi-monthly processing using the 
current Automated Commercial System (ACS) will eventually cease as the 
ACE system is deployed nationwide.
    For programs designed to evaluate existing and planned components 
of the National Customs Automation Program (NCAP), Sec. 101.9(b) of the 
Customs Regulations (19 CFR 101.9(b)), implements the NCAP testing 
procedures. This test concerns an existing component of the NCAP 
relating to the electronic payment of duties, fees, and taxes, and is 
established pursuant to that regulation.

I. Development Methodology

    The semi-monthly processing test will be monitored by an evaluation 
team consisting of representatives from the Customs Trade Compliance 
Redesign/ACE Project Team, the Office of Finance, Financial Systems 
Division, and Entry personnel from the semi-monthly processing 
prototype ports. This team will conduct periodic evaluations to monitor 
progress, resolve issues, and evaluate program effectiveness.

II. Eligibility Requirements

    Customs will select a limited number of applicants for the semi-
monthly

[[Page 15260]]

processing prototype. Applications will be accepted from all 
volunteers; however, priority consideration will be given to the 
following ranking factors:
    1. Companies ranking within the top 379 companies importing by 
value (the top 379 represent approximately 50 percent of all imports by 
value);
    2. Importers who are within the top 250 largest importers within 
each of Customs Primary Focus Industry (PFI) categories, which are:
    a. Advanced Displays;
    b. Agriculture;
    c. Auto/Truck Parts;
    d. Automobiles;
    e. Bearings;
    f. Circuit Boards;
    g. Fasteners;
    h. Footwear;
    i. Manufacturing Equipment;
    j. Steel Products;
    k. Telecommunications;
    l. Textiles and Flatgoods; and
    m. Wearing Apparel;
    3. Companies whose imports represent at least 50 percent PFI;
    4. Companies that indicate they plan to maintain an average of at 
least 25 entries per month throughout the prototype period;
    5. Companies that are scheduled or have completed a Customs 
Compliance Assessment; and
    6. Companies that are capable of transmitting entry and entry 
summary data via the Automated Broker Interface (ABI) and make payment 
of estimated duties, taxes, and fees through the ABI/Automated 
Clearinghouse (ACH).

III. Procedures and Restrictions

    For the semi-monthly processing prototype, the following 
restrictions will be placed on the importers:
    1. Initially, only merchandise entered or withdrawn from a Customs 
bonded warehouse or Foreign Trade Zone for consumption at the following 
ports will be eligible for the semi-monthly processing prototype:
    a. Seattle, Washington;
    b. Detroit and Port Huron, Michigan;
    c. Laredo and El Paso, Texas;
    d. Buffalo and New York, New York;
    e. Charleston, South Carolina;
    f. Atlanta, Georgia;
    g. Chicago, Illinois;
    h. Miami, Florida;
    i. Cleveland, Ohio; and
    j. Los Angeles and San Francisco, California;
(If an applicant requests that an additional port or ports offer this 
program, and if Customs accepts the request, an amendment to this 
Federal Register Notice will be published).
    2. Importers must have all transactions paid on an importer ACH 
statement at each semi-monthly prototype port;
    3. Importers must pay only estimated duty, taxes, and fees on the 
semi-monthly statement;
    4. Importers must have all entry summaries corresponding to all 
entries released during the first semi-monthly period placed on an ABI 
Statement and make payment via ACH on the seventh day following the end 
of the first semi-monthly period. Payment must be initiated at the same 
time the ABI statement is submitted to Customs;
    5. For quota merchandise, the entry summary data must be filed 
electronically and any applicable visa must be filed prior to release 
of the merchandise. The payment must also be placed on the statement 
prior to release of merchandise;
    6. Items deleted from a statement may not be added to another 
statement if quota status is already obtained and the new statement 
date is greater than 10 working days past the presentation date;
    7. All current Entry requirements associated with quota processing 
will remain in effect;
    8. Importers must have all entry summaries corresponding to all 
entries released during the second semi-monthly period placed on an ABI 
Statement and make payment via ACH on the seventh day following the end 
of the second semi-monthly period. Payment must be initiated at the 
same time the ABI statement is submitted to Customs;
    9. For due dates that fall on a Saturday, Sunday or official 
federal holidays, importers must make payment on the next federal 
business day;
    10. Importers must have final statements and required entry 
summaries submitted by the actual payment due date, i.e., seven days 
after the semi-monthly (fifteen days) period;
    11. The statement will only reflect payment of duties, taxes, and 
fees applicable to the merchandise released for the semi-monthly 
period. The following activities are examples of what cannot be 
included on the statement:
    a. voluntary tenders;
    b. supplemental duties;
    c. bill payments resulting from rate advances;
    d. protests;
    e. refunds; and
    f. drawbacks;
(These activities will be processed the way they are currently done, as 
individual transactions).
    12. Payments received after the corresponding due dates will be 
considered late and will be subject to liquidated damages;
    13. When a statement is paid late, the liquidated damages will be 
issued against all of the entry summaries paid on the statement; and
    14. If an entry summary(s) is omitted from the statement and the 
statement is timely, then liquidated damages will be issued against the 
omitted entry summary(s). An omitted entry summary(s) cannot be paid 
individually. It must be placed on the next statement.
    Customs Entry personnel at each of the prototype expansion ports 
will monitor entry activity to ensure that entries are appearing on the 
appropriate statement; ACH payments are authorized timely; and, entry 
summary(s) are not submitted late.
    This prototype only applies to entries for consumption. Importers 
may enter merchandise in the semi-monthly processing prototype that is 
subject to quota, antidumping or countervailing duty, trade preference, 
or visa requirements. In addition, importers may withdraw such 
merchandise from a customs bonded warehouse or Foreign Trade Zone and 
enter it for consumption under the prototype. However, all entry 
requirements for these types of merchandise will remain in effect.

IV. Application

    Importers that wish to participate in the semi-monthly processing 
prototype port expansion must submit a written application and include 
the following information:
    1. Name(s) of the port(s) listed above where they intend to enter 
merchandise;
    2. The importer of record numbers, including suffix;
    3. Name and addresses of any customs brokers who will be filing 
data at each port on behalf of an importer/participant;
    4. The approximate total number of entries per month expected to be 
processed at the ports designated; and
    5. For applicants not already scheduled for or participating in a 
Customs Compliance Assessment, a statement in which the applicant 
indicates agreement to undergo and cooperate fully with a Customs 
Compliance Assessment.
    Customs will notify each applicant in writing of their acceptance 
or nonselection to participate in this semi-monthly processing 
prototype, the port or ports where they may enter merchandise under 
this prototype, and will assign statement filing dates to the 
applicants. If an applicant is denied participation, the applicant may 
appeal in writing to Director, ACE Implementation and Outreach Team,

[[Page 15261]]

U.S. Customs Service, 7501 Boston Blvd., Springfield, VA 22153, within 
10 days from applicant notification from Customs.

V. Semi-Monthly Processing

    Under the semi-monthly processing procedures, cargo released during 
a fifteen day period will have estimated duty, taxes, fees, and 
summaries due seven days following the end of the period. Cargo 
released during the second fifteen or sixteen day period will have 
estimated duty, taxes, fees, and summaries due seven days following the 
end of the period. A separate statement will be needed for each 
collection processing port. For entry summaries paid via semi-monthly 
statement processing, the date used to calculate the interest due or 
payable pursuant to 19 U.S.C. 1505 will be seven days after the end of 
the fifteen/sixteen day cycle. Interest cost will be calculated based 
on the semiannual rate(s) established under sections 6621 and 6622 of 
the Internal Revenue Code of 1954 (26 U.S.C. 6621, 6622).
    Under the prototype, Customs may assign a limited number of due 
dates for workload management purposes. The due dates that will be 
assigned are:
    1. 1 thru 15, due 22; 16 to end of month, due 7.
    2. 2 thru 16, due 23; 17 thru 1, due 8.
    3. 3 thru 17, due 24; 18 thru 2, due 9.
    4. 4 thru 18 due 25; 19 thru 3, due 10.
The due dates will be indicated in the letter of acceptance sent by 
Customs to the participant.

VI. Misconduct

    If a prototype participant makes late or inadequate payments, or 
fails to exercise reasonable care in the execution of participant 
obligations and the filing of information regarding the admissibility 
of merchandise and declaring the classification, value, and rate of 
duty applicable to the merchandise, or otherwise fails to follow the 
procedures (outlined herein) or applicable laws and regulations, then 
the participant may be suspended from the semi-monthly processing 
prototype, and/or subjected to penalties, and/or liquidated damages, 
and/or other administrative sanctions. Customs has the discretion to 
suspend a prototype participant based on the determination that an 
unacceptable compliance risk exists. This suspension may be invoked at 
any time after acceptance in the prototype.
    Any decision proposing suspension of a participant may be appealed 
in writing to the local Trade Compliance Process Owner within 15 days 
of the decision date. Such proposed suspension will apprise the 
participant of the facts or conduct warranting suspension. Should the 
participant appeal the notice of proposed suspension, the participant 
should address the facts or conduct charges contained in the notice and 
state how he does or will achieve compliance. However, in the case of 
willfulness or where public health interests or safety are concerned, 
the suspension may be effective immediately.

VII. Regulatory Provisions Suspended

    As applicable, certain provisions within Parts 24, 111, 141, 142, 
143, and 159 of the Customs Regulations (19 CFR Parts 24, 111, 141, 
142, 143, and 159) will be suspended to allow for the periodic payment 
of duties, taxes, and fees.
    Absent any specified alternate procedure, the current regulations 
apply.

VIII. Prototype Evaluation

    Periodic evaluations will be conducted to determine effectiveness 
and accrued benefits to internal and external process operations. The 
following evaluation method has been suggested:
    1. Evaluation questionnaire from both the prototype participants 
and Customs personnel; and
    2. Reports to be run through the use of dataqueries.
    Customs will request that participants be active in the evaluation 
of the semi-monthly test.

    Dated: March 24, 1998.
Charles W. Winwood,
National Trade Compliance Process Owner.
[FR Doc. 98-8220 Filed 3-27-98; 8:45 am]
BILLING CODE 4820-02-P