[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46947-46949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19326]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / 
Notices  

[[Page 46947]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-15-0019; FV15-944/980/999-2]


International Trade Data System Test Concerning the Electronic 
Submission Through the Automated Commercial Environment of Notification 
of Importation of Fruits, Vegetables, and Specialty Crops Required by 
the Agricultural Marketing Service Using the Partner Government Agency 
Message Set

AGENCY: Agricultural Marketing Service, USDA.

ACTION: General notice and request for comments.

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SUMMARY: The Agricultural Marketing Service (AMS) announces a pilot 
test of the International Trade Data System (ITDS) involving the 
electronic submission of data related to importations of fruits, 
vegetables, and specialty crops regulated by AMS, using the Partner 
Government Agency (PGA) Message Set component of the Automated 
Commercial Environment (ACE). The submission of this information is 
required under Sec.  608e (section 8e) of the Agricultural Marketing 
Agreement Act of 1937. The pilot program will test the electronic 
transmission of AMS data through the U.S. Customs and Border 
Protection's (CBP's) Automated Commercial Environment (ACE) program 
known as the Partner Government Agency (PGA) Message Set. This data 
will be transmitted for review by AMS' Compliance and Enforcement 
Management System (CEMS). CBP's PGA Message Set enables importers and 
brokers to electronically transmit data required by AMS directly to 
ACE. This electronic process will replace the paper-based process 
currently used. This notice also invites importers and brokers who are 
importing commodities subject to section 8e regulations to request 
participation in this AMS pilot and invites public comment on any 
aspects of the pilot.

DATES: The test will commence no earlier than July 13, 2015, and will 
continue until concluded by publication of a notice in the Federal 
Register ending the test. Any party seeking to participate in the AMS 
PGA Message Set test should contact their CBP client representative. 
Interested parties without an assigned CBP client representative should 
submit an email to Richard Lower at [email protected] with the 
subject heading ``AMS PGA Message Set Test FRN-Request to 
Participate.'' Interested parties may submit comments about the pilot 
at any time as explained in the ADDRESSES section below.

ADDRESSES: Interested parties without an assigned CBP client 
representative should submit an email to Richard Lower at 
[email protected] with the subject heading ``AMS PGA Message 
Set Test FRN-Request to Participate.''
    Comments about the pilot should be made to either the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or on the Internet at http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted will be made available to 
the public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and 
Enforcement Specialist, Marketing Order and Agreement Division, Fruit 
and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

International Trade Data System (ITDS)

    This test is in furtherance of the ITDS, which is statutorily 
authorized by section 405 of the Security and Accountability for Every 
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as 
defined by section 4 of the SAFE Port Act of 2006, is to eliminate 
redundant information filing requirements, efficiently regulate the 
flow of commerce, and effectively enforce laws and regulations relating 
to international trade, by establishing a single portal system, 
operated by CBP, for the collection and distribution of standard 
electronic import and export data required by all participating Federal 
agencies.
    The pilot program announced in this notice also supports Executive 
Order 13659, Streamlining the Export/Import Process for America's 
Businesses, signed by President Obama on February 19, 2014, which is a 
key White House economic initiative that has been under development for 
over ten years and is mandated for completion by December 31, 2016. 
Under ITDS, importers and exporters will file commodity and 
transportation data through an electronic ``single window,'' instead of 
completing multiple paper-based forms to report the same information to 
different government agencies. ITDS will greatly reduce the burden on 
America's international trade community while still providing 
information necessary to ensure compliance with U.S. law.
    By the end of 2016, the ITDS ``single window'' will be presented to 
the import and export trade through CBP's Automated Commercial 
Environment (ACE). ACE is an automated and electronic system for 
processing commercial trade data that is intended to streamline 
business processes, facilitate growth in trade, ensure cargo security, 
and foster participation in global commerce, while ensuring compliance 
with U.S. laws and regulations and reducing costs for CBP and all of 
its communities of interest. ACE will be the primary system through 
which the global trade community will file information about imports 
and exports so that admissibility into the United States may be 
determined and government agencies, including AMS, may ensure 
compliance.

[[Page 46948]]

Partner Government Agency Message Set

    The PGA Message Set is the data needed to satisfy the PGA reporting 
requirements. ACE enables the message set by acting as the ``single 
window'' for the submission of trade-related data required by the PGAs 
only once to CBP. This data must be submitted prior to the arrival of 
the merchandise on the conveyance transporting the cargo to the United 
States as part of an ACE Entry/Cargo Release or Entry Summary. The data 
will be validated and made available to the relevant PGAs involved in 
import, export, and transportation-related decision making. The data 
will be used to fulfill merchandise entry and entry summary 
requirements and will allow for earlier release decisions and more 
certainty for the importer in determining the logistics of cargo 
delivery. Also, by virtue of being electronic, the PGA Message Set will 
eliminate the necessity for the submission and subsequent handling of 
paper documents. All PGA Message Set participants are required to use a 
software program that has completed ACE certification testing for the 
PGA Message Set.
    Further details about the AMS PGA Message Set being tested in this 
pilot program are provided below in the PGA Message Set/ACE Filing 
section.

Compliance and Enforcement Management System (CEMS)

    In support of ITDS and the use of CBP's PGA Message Sets, AMS' 
Marketing Order and Agreement Division (MOAD) is developing a new 
automated system called the Compliance and Enforcement Management 
System (CEMS) that will replace and automate many of the systems MOAD 
has used in the past to ensure compliance with import and export 
regulations. CEMS will electronically link with the CBP ACE platform to 
create a ``pipeline'' through which data will be transmitted between 
CBP and MOAD. In this pilot, ACE will transmit PGA Message Set data to 
AMS via CEMS, which will streamline processes by eliminating the use of 
existing paper-based systems and expediting the conditional release of 
shipments for the purpose of inspection, prior to final release into 
the commerce of the United States.

Inspection Requirements for Imported Commodities

    Section 8e of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674) (AMAA), provides that whenever certain 
commodities are regulated under Federal marketing orders, imports of 
those commodities into the United States are prohibited unless they 
meet the same or comparable grade, size, quality, and/or maturity 
requirements as those in effect for the domestically produced 
commodities. The AMAA also authorizes AMS to perform inspections on 
those imported commodities and certify whether these requirements have 
been met. Parts 944, 980, and 999 of title 7 of the Code of Federal 
Regulations contain the grade, size, quality, and/or maturity 
requirements for fruits, vegetables, and specialty crops that are 
subject to section 8e regulations.
    Prior to the entry of imported commodities that are subject to 
section 8e regulations, as listed on CBP Directive No. 3250-007B, 
importers are required to notify AMS inspection service personnel at 
the port of entry of the arrival of said commodities.

Current Paper-based Notification of Entry (``Stamp and Fax'')

    As noted above, an importer of a commodity listed on CBP Directive 
No. 3250-007B must now present AMS inspection service personnel who are 
stationed at the port of entry with a paper form that notifies AMS of 
the incoming shipment and to request conditional release of the 
shipment from the port for inspection at another location. The paper 
form presented to AMS may be a CBP Form 3461 (Entry/Immediate Release), 
CBP Form 7501 (Entry Summary), or an invoice for the shipment. This 
paper-based process is commonly known in the trade, at CBP, and at AMS 
as the ``stamp and fax'' procedure.
    Upon receipt of the paper form, AMS personnel determine whether an 
inspection is required (there may be situations when an import 
commodity is listed on CBP Directive 3250-007B, but it may be exempt 
from section 8e regulations and inspection; for example, some varieties 
of a commodity are exempt, or the regulations are not in effect during 
certain times of the year).
    If inspection is not required, AMS personnel affix a stamp to the 
paper form indicating that the product is not subject to section 8e 
regulations. When inspection is required, AMS personnel affix a 
different stamp to the paper form, indicating the product is subject to 
section 8e regulations and will require AMS inspection at a location 
other than the port of entry, shortly after CBP conditionally releases 
the shipment. AMS returns the form to the importer via fax, and the 
importer presents the stamped form to CBP.
    Once the shipment arrives at the inspection destination, the 
importer must contact AMS to arrange for inspection of the product, 
which must be certified as meeting section 8e requirements before final 
release into the commerce of the United States.

PGA Message Set/ACE Filing

    Under ITDS, the paper-based ``stamp and fax'' procedure described 
above is being replaced by an electronic process that will enable 
importers to transmit data required by AMS to CBP's ACE system using a 
PGA Message Set. This PGA Message Set contains data elements that 
correspond to information on AMS' form FV-357 (Notification of Entry, 
8e Products and Fresh Fruits, Vegetables, Nuts and Specialty Crops). 
The use of the PGA Message Set will enable importers and brokers to 
enter information required by AMS directly into ACE, and ACE's 
integration with MOAD's CEMS will simplify and expedite the process of 
determining whether regulated products are admissible.
    ACE will analyze the PGA Message Set data entered by an importer or 
broker to determine if inspection of a shipment is required and will 
transmit the data to MOAD's CEMS. For those shipments that will require 
inspection, CEMS will automatically provide shipment information via 
email to the appropriate AMS inspection office. The data in ACE will 
also enable CBP to make the determination that a shipment may be 
conditionally released for inspection.
    Once a shipment has arrived at the location where inspection will 
occur, the importer will contact the AMS inspection office to finalize 
arrangements for inspection.

Pilot Program Details

    AMS will initially conduct the pilot at certain ports of entry. 
Participants should consult the following Web site to determine which 
ports are operational for the test and the date that they become 
operational: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
    This initial pilot may also be expanded to include additional AMS 
PGA Message Sets, some of which have Document Imaging System (DIS) 
components. DIS allows participants to transmit required PGA data to 
ACE through the use of electronic copies of AMS forms. For information 
regarding the use of DIS and a list of PGA forms and documents that may 
be transmitted to ACE using DIS, please see http://www.cbp.gov/trade/ace/features.

[[Page 46949]]

    Importers and brokers who participate in this pilot will transmit 
PGA Message Set data to ACE using the electronic data interchange known 
as the Automated Broker Interface, or ABI. The AMS data is required to 
determine whether inspection of the shipment is required, to send an 
email notification to AMS inspection offices about those shipments that 
will require inspection, and to provide CBP with information to 
determine whether to conditionally release the merchandise. The 
transmission of this PGA Message Set data will be done in lieu of 
importers and brokers filing CBP Forms 3461 and 7501 or a shipment 
invoice to AMS inspection service personnel at the port of entry prior 
to the arrival of shipments. AMS anticipates that this pilot program 
will help prepare for a successful transition from the paper-based 
``stamp and fax'' process to the electronic entry and transmission of 
data to ACE/CEMS.
    The data elements in the PGA Message Set are generally those found 
on the AMS Specialty Crops Inspection (SCI) Division form FV-357 
(Notification of Entry, 8e Products and Fresh Fruits, Vegetables, Nuts 
and Specialty Crops). These data elements are set forth in the Customs 
and Trade Automated Interface Requirements (CATAIR) guidelines for AMS, 
which can be found at the following Internet link: http://www.cbp.gov/sites/default/files/documents/AMS%20CATAIR%20Guidelines%20MARCH%202015.pdf.

Pilot Program Participant Responsibilities

    Importers and brokers who participate in this PGA Message Set pilot 
will be required to:
     File, when applicable, data elements contained in AMS form 
FV-357 for fruits, vegetables, and specialty crops listed in CBP 
Directive No. 3250-0078 and regulated under section 8e of the AMAA. All 
modes of transportation will be included in this pilot;
     Include PGA Message Set import filings only as part of an 
ACE Entry Summary certified for cargo release;
     Use a software program that has completed ACE 
certification testing for the PGA Message Set;
     Transmit import filings to CBP via ACE in response to a 
request for documentation or in response to a request for release 
information for certified ACE Entry Summaries; and
     Only transmit information to CBP that has been requested 
by CBP or AMS.

Waiver of Requirements and Regulation Under the Pilot Program

    For purposes of this pilot program, requirements under CBP 
Directive No. 3250-007B, Section 5.2 (``Stamp and Fax procedure''), 
will be waived for participants only insofar as eliminating the 
requirement to present paper CBP Forms 3461 or 7501 or invoices and 
instead requiring the electronic submission of data elements generally 
contained in AMS form FV-357.
    This notice does not waive any other requirements under CBP 
Directive No. 3250-007B nor does it waive any requirements under 
section 8e of the AMAA (7 U.S.C. 601-674, Sec.  608e) or under parts 
944, 980, and 999 of title 7 of the Code of Federal Regulations (7 CFR 
944, 7 CFR 980, and 7 CFR 999), which contain the section 8e import 
regulations for fruits, vegetables, and specialty crops, respectively.

Misconduct Under the Test

    A test participant may be subject to fines, civil penalties, and/or 
administrative sanctions as provided under the AMAA and/or may be 
removed from participation in the pilot for failing to follow the terms 
and conditions of this pilot or for failing to abide by applicable laws 
and regulations that have not been waived by this notice.

Pilot Program Participant Eligibility and Application

    AMS is initiating the pilot at certain ports as indicated on the 
following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. AMS may expand the pilot to include other 
U.S. ports and, therefore, invites importers and brokers at any U.S. 
port to request to participate in the pilot. To be eligible to apply 
for and participate in the pilot, an applicant must:
     Be a self-filing importer or broker who has the ability to 
file ACE Entry Summaries certified for cargo release; and
     File entries for AMS commodities that are the subject of 
this pilot.
    Any party seeking to participate in the AMS PGA Message Set test 
should contact their CBP client representative. Interested parties 
without an assigned CBP client representative should submit an email to 
Richard Lower at [email protected] with the subject heading 
``AMS PGA Message Set Test FRN--Request to Participate.''
    AMS will accept and consider requests to participate in the pilot 
starting on the date of this publication and will accept requests to 
participate for the duration of the test. AMS will notify the selected 
parties by email of their selection and the starting date of their 
participation (selected participants may have different starting 
dates). Any applicant who provides incomplete information or otherwise 
does not meet participation requirements will be notified by email and 
given an opportunity to resubmit a request to participate.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the PGA Message Set data that will be collected in this 
pilot has been previously submitted by AMS for OMB approval as a new 
information collection under OMB No. 0581-NEW. The new information 
collection (FV-NEW, ``Notification of Entry, 8e Products and Fresh 
Fruits, Vegetables, Nuts and Specialty Crops'') contains data elements 
that will be collected by CBP in ACE through the use of the PGA Message 
Set being tested in this pilot. The use of the PGA Message Set will 
enable importers and brokers to enter information required by AMS 
directly into ACE, and ACE's integration with MOAD's CEMS will simplify 
and expedite the process of conditionally releasing shipments for 
inspection. Upon approval of this new information collection by OMB, a 
request will be made to merge the new form with the forms currently 
approved for use under OMB No. 0581-0125, ``Regulations Governing 
Inspection Certification of Fresh and Processed Fruits, Vegetables, and 
Other Products.''
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

    Dated:
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-19326 Filed 8-5-15; 8:45 am]
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