[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Notices]
[Pages 54302-54303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20319]


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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 [email protected].

FOR FURTHER INFORMATION CONTACT: For questions regarding ACE Importer 
or Broker Accounts: Ms. Sherri Braxton via e-mail at [email protected] 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