[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46492-46494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16343]


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DEPARTMENT OF HOMELAND SECURITY

 Bureau of Customs and Border Protection


Automated Commercial Environment (ACE); Expansion of Processes 
Supported in the ACE Truck Manifest System

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: General notice.

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SUMMARY: This document announces that Customs and Border Protection 
(CBP) has expanded the processes that are supported in the Automated 
Commercial Environment (ACE) Truck Manifest System. Previously, CBP did 
not possess the capability for the electronic release of cargo off the 
manifest for certain release types. Now, through the collection of 
cargo information through ACE, electronic release of the cargo can be 
accommodated for the following release types: General Note 1 Exemptions 
as provided in General Note 3(e) of the Harmonized Tariff Schedules of 
the United States; Free of Duty (CBP Form

[[Page 46493]]

7523); Unaccompanied Goods (CBP Form 3299); and Free Returned U.S. 
Goods (CBP Form 3311).

DATES: Truck carriers will be able to take advantage of the additional 
processes supported in ACE beginning on the date of publication of this 
notice.

FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

ACE Truck Manifest Test

    On February 4, 2004 and September 13, 2004, CBP published notices 
in the Federal Register (69 FR 5360 and 69 FR 55167) announcing a test, 
in conjunction with the Federal Motor Carrier Safety Administration 
(FMCSA), allowing participating truck carriers to transmit electronic 
manifest data in ACE, including advance cargo information as required 
by section 343(a) of the Trade Act of 2002, as amended by the Maritime 
Transportation Security Act of 2002 (see 68 FR 68140). The advance 
cargo information requirements are detailed in the final rule published 
in the Federal Register at 68 FR 68140 on December 5, 2003.
    Truck carriers participating in the test were required to establish 
ACE Secure Data Portal (ACE Portal) Truck Carrier Accounts which would 
provide them with the ability to electronically transmit truck manifest 
data and obtain release of their cargo, crew, conveyances, and 
equipment via the ACE Portal or electronic data interchange (EDI) 
messaging.
    In the September 13, 2004 notice, CBP stated that, in order to be 
eligible for participation in this test, a carrier must have:
    1. Submitted an application (i.e., statement of intent to establish 
an ACE Account and to participate in the testing of electronic truck 
manifest functionality) as set forth in the February 4, 2004, Federal 
Register notice (69 FR 5360);
    2. Provided a Standard Carrier Alpha Code(s) (SCAC);
    3. Provided the name, address, and e-mail of a point of contact to 
receive further information.
    In addition, participants intending to use the ACE Portal as the 
means to file the manifest were required to submit a statement 
certifying the ability to connect to the Internet. Participants 
intending to use an EDI interface were required to first test their 
ability to send and receive electronic messages in either American 
National Standards Institute (ANSI) X12 or United Nations/Directories 
for Electronic Data Interchange for Administration, Commerce and 
Transport (UN/EDIFACT) format with CBP.
    Subsequently, in a Federal Register notice published on March 29, 
2006 (71 FR 15756), CBP announced a change advising truck carriers that 
they were no longer required to open ACE Truck Carrier [Portal] 
Accounts to participate in the ACE test. Specifically, truck carriers 
were advised that they could elect to use a third party to submit 
electronic manifest information to CBP via EDI. Truck carriers 
participating in this fashion do not have access to operational data 
and do not receive status messages on ACE Accounts, nor do they have 
access to integrated Account data from multiple system sources. These 
truck carriers are able to obtain release of their cargo, crew, 
conveyances, and equipment via EDI messaging back to the transmitter of 
the information. A truck carrier using a third party to transmit via 
EDI cargo, crew, conveyance and equipment information to CBP is 
required to have a Standard Carrier Alpha Code (SCAC). Any truck 
carrier with a SCAC may arrange to have a third party transmit manifest 
information to CBP via EDI consistent with the requirements of the ACE 
Truck Manifest Test. Due to limited functionality available via the 
portal at that time, truck carriers were advised that if they elected 
to use a third party to transmit the truck manifest information to CBP 
via the ACE portal (rather than EDI), the truck carrier who is 
submitting that information to the third party (for transmission to 
CBP) would be required to have an ACE Truck Carrier Account as 
described in the February 4, 2004, notice.
    In a notice published in the Federal Register on March 15, 2007 (72 
FR 12181), CBP announced that truck carriers participating in the ACE 
portal test and electing to use third parties to submit manifest 
information to CBP via the ACE portal are no longer required to have 
ACE portal accounts. Thus, truck carriers without ACE portal accounts, 
while participating in the test of the ACE truck manifest system, may 
now use third parties (such as Customs brokers or other truck carriers) 
with ACE portal accounts to electronically transmit truck manifest 
information, via the ACE portal, on their behalf.

Release Types

    Previously, CBP did not possess the capability for the electronic 
release of cargo off the manifest for certain release types. Now, 
through the collection of cargo information through ACE, electronic 
release of the cargo can be accommodated for the following release 
types: General Note 1 Exemptions as provided in General Note 3(e) of 
the Harmonized Tariff Schedules of the United States; Free of Duty; 
Unaccompanied Goods; and Free Returned U.S. Goods. When applicable, the 
appropriate CBP forms, noted below in parenthesis for each release 
type, and supporting documentation are required to effectuate release 
of the cargo.

General Note 1 Exemptions

    A General Note 1 Exemption release can be used for goods imported 
into the customs territory of the United States that are exempt from 
the provisions of the tariff schedule per General Note 3(e) of the 
Harmonized Tariff Schedule of the United States. Such goods qualifying 
for this exemption are as follows: Corpses, together with their coffins 
and accompanying flowers; telecommunications transmissions; records, 
diagrams and other data with regard to any business, engineering or 
exploration operation whether on paper; cards, photographs, blueprints, 
tapes or other media; articles returned from space within the purview 
of section 484a of the Tariff Act of 1930; articles exported from the 
United States which are returned within 45 days after such exportation 
from the United States as undeliverable and which have not left the 
custody of the carrier or foreign customs service; and any aircraft 
part or equipment that was removed from a United States-registered 
aircraft while being used abroad in international traffic because of 
accident, breakdown, or emergency, that was returned to the United 
States within 45 days after removal, and that did not leave the custody 
of the carrier or foreign customs service while abroad.

Free of Duty (CBP Form 7523)

    Pursuant to the provisions of 19 CFR 143.23(d), a CBP Form 7523 
(Free of Duty) can be used for the release of shipments not exceeding 
$2,000 in value which are either unconditionally free of duty and not 
subject to any quota or internal revenue tax, or are conditionally free 
and all conditions for free entry are met at the time of entry. 
Pursuant to the provisions of 19 CFR 143.23(g), shipments, regardless 
of value, which are imported for noncommercial purposes which qualify 
for entry free of duty under the Generalized System of Preferences and 
for which informal entry may be made can be released on a CBP Form 
7523.

[[Page 46494]]

Unaccompanied Goods (CBP Form 3299)

    A CBP Form 3299 (Unaccompanied Goods) can be used for the release 
of effects that are claimed to be free of duty under subheadings 
9804.00.10, 9804.00.20, 9804.00.25, 9804.00.35, or 9804.00.45, 
Harmonized Tariff Schedule of the United States (HTSUS), that do not 
accompany the importer on his arrival in the United States or are 
forwarded in bond, pursuant to the provisions of 19 CFR 148.6. It may 
also be used for release of household effects used abroad and claimed 
to be free of duty under subheading 9804.00.05, pursuant to the 
provisions of 19 CFR 148.52, or tools of trade claimed to be free of 
duty under subheadings 9804.00.10 or 9804.00.15, pursuant to the 
provisions of 19 CFR 148.53.

Free Returned U.S. Goods (CBP Form 3311)

    A CBP Form 3311 (Free Returned U.S. Goods) release can be used for 
certain shipments of products of the United States being returned 
without having been advanced in value or improved in condition abroad 
in accordance with the provisions of 19 CFR 123.4(c) or 19 CFR 
143.23(b) and 19 CFR 10.1.

Previous Notices Continue To Be Applicable

    All of the other aspects of the ACE Truck Manifest Test as set 
forth in 69 FR 55167, as modified by the General Notice published in 
the Federal Register (70 FR 13514) on March 21, 2005, continue to be 
applicable. (The March 21, 2005 notice clarified that all relevant data 
elements are required to be submitted in the automated truck manifest 
submission.) All of the aspects of the February 4, 2004, notice (69 FR 
5360) continue to be applicable, except as revised in this notice.

    Date: August 15, 2007.
Denise Crawford,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. E7-16343 Filed 8-17-07; 8:45 am]
BILLING CODE 9111-14-P