[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50827-50831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20707]
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CONSUMER PRODUCT SAFETY COMMISSION
Electronic Filing of Targeting/Enforcement Data: Announcement of
PGA Message Set Test and Request for Participants
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: To advance the concept of a ``single window'' to facilitate
electronic collection, processing, sharing, and reviewing of trade data
and documents required by federal agencies during the cargo import and
export processes, and in furtherance of more accurately targeting
imports to facilitate the flow of legitimate trade and enhanced
targeting of noncompliant trade, the U.S. Consumer Product Safety
Commission (``Commission'' or ``CPSC'') in consultation with U.S.
Customs & Border Protection (``CBP'') announce their joint intent to
conduct a test to assess the electronic filing of certain data via the
Partner Government Agency (``PGA'') Message Set to the CBP-authorized
Electronic Data Interchange (``EDI'') system known as the Automated
Commercial Environment (``ACE'') for regulated finished consumer
products under CPSC jurisdiction and three specified finished products
included on
[[Page 50828]]
the Substantial Product Hazard List established under section 15(j) of
the CPSA. During the test, participants will collaborate with CBP and
CPSC to examine the effectiveness of the ``single window'' capability.
Based on stakeholder feedback, the test also will assess the concept of
a data registry (the ``Data Registry''), maintained by CPSC, which
would allow stakeholders to file a reference to existing targeting/
enforcement data through the PGA Message Set, rather than by entering
all data for each entry.
This notice provides the following key information:
International Trade Data System (``ITDS'') and CBP's
authority to conduct test programs;
the Commission's authority regarding data collection and
import surveillance;
the purpose of the test;
an explanation of the test concept;
the availability of CPSC's supplemental Customs and Trade
Automated Interface Requirements (``CATAIR'') guideline and request for
technical comments;
participant eligibility, selection criteria, and
responsibilities;
the advantages of test participation; and
a request that importers interested in test participation
contact the Commission.
DATES: Electronic requests to participate in the test program may be
submitted on or before October 5, 2015 and throughout the duration of
the test. CPSC will consider applications to participate until the test
capacity of nine participants is filled. The test will continue until
terminated by way of an announcement in the Federal Register.
ADDRESSES: Requests to participate in the test and technical comments
on CPSC's supplemental CATAIR guideline (which will be made available
on CBP.gov) should be submitted through electronic mail to:
[email protected]. Requests to participate in the test should
contain the subject heading: ``Application to participate in PGA
Message Set Test.'' Technical comments on CPSC's supplemental CATAIR
guideline should contain the subject heading ``CATAIR Technical
Comments.''
FOR FURTHER INFORMATION CONTACT: Questions regarding the test should be
directed to Jim Joholske, Deputy Director, Office of Import
Surveillance, U.S. Consumer Product Safety Commission, (301) 504-7527,
[email protected]. Questions sent by electronic mail should contain
the subject heading ``Question re PGA Message Set Test.'' For technical
questions regarding ACE or ABI transmissions, or the PGA message set
data transmission, please contact your assigned CBP client
representative. Interested parties without an assigned client
representative should submit an email to Steven Zaccaro at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. The Automated Commercial Environment
ACE is an automated and electronic system for commercial trade
processing 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. The Automated Broker Interface (``ABI'') is a
software interface to ACE. Commercial trade participants who want to
file entries in ACE use ABI to electronically file required import data
with CBP. ABI transfers trade-submitted data into ACE. CBP is
developing ACE as the ``single window'' for the trade community to
comply with the ITDS requirement established by the SAFE Port Act of
2006. The PGA Message Set enables additional trade-related data
specified by PGAs to be entered in one location.
B. CPSC and CBP Authority To Regulate the Importation of Consumer
Products
Section 14(a) of the Consumer Product Safety Act (``CPSA''), as
amended by section 102(b) of the Consumer Product Safety Improvement
Act of 2008 (``CPSIA''), Public Law 110-314, requires manufacturers
(including importers) and private labelers of certain regulated
consumer products manufactured outside the United States to test and
issue a certificate of compliance certifying such products as compliant
with applicable laws and regulations before importation. Pursuant to
section 14(a), the Commission promulgated a final rule on
``certificates of compliance'' on November 18, 2008 (73 FR 68328),
which is codified at 16 CFR part 1110 (``part 1110''). Among other
things, part 1110 limits the parties who must issue a certificate to
the importer, for products manufactured outside the United States, and,
in the case of domestically manufactured products, to the manufacturer,
and allows certificates to be in hard copy or electronic form. In
addition to this authority, the Commission has admissibility authority
for importing consumer products and substances that are within the
CPSC's jurisdiction under section 17 of the CPSA (15 U.S.C. 2066) and
section 14 of the Federal Hazardous Substances Act (``FHSA'') (15
U.S.C. 1273). Unless the Commission allows a product to be
reconditioned for importation, section 17(a) of the CPSA requires
refusal of admission and destruction of any product offered for import
that, among other things, is not accompanied by a certificate of
compliance required under section 14 of the CPSA, or is a product which
is in violation of the inspection and recordkeeping requirements of
section 16. In addition to the recordkeeping and inspection authority
granted to the Commission under section 16(b), importers, retailers,
and distributors of consumer products are required to identify the
manufactuer of a consumer product by name, address, or other such
identifying information requested by the Commission. 15 U.S.C. 2065(c).
CPSC's authority to regulate the importation of consumer products
is further derived from section 17(h)(1), which requires the Commisson
to ``establish and maintain a permanent product surveillance program,
in cooperation with other appropriate Federal agencies, for the purpose
of carrying out the Commission's responsibilities under this Act and
the other Acts administered by the Commission and preventing the entry
of unsafe consumer products into the commerce of the United States.''
15 U.S.C. 2066(h)(1). Also, under section 222 of the CPSIA, the CPSC is
required to develop a risk assessment methodology for the
identification of shipments of consumer products that are intended for
import into the United States, and are likely to violate consumer
product safety statutes and regulations. Consistent with the federal
government's movement to the ``single window,'' CPSC eventually plans
to require electronic filing of either limited targeting/enforcement
data or full certificate data to refine our risk assessment methodology
and improve our import surveillance program.
Building on these authorities, CPSC works with CBP to review and
inspect cargo and to clear compliant consumer products for importation
into the United States. CPSC also works with CBP to enforce CPSC
regulations and to destroy products that violate the law and cannot be
reconditioned for importation. 15 U.S.C. 2066. For example, section 17
of the CPSA states that, upon the Commission's request, the Secretary
of the Treasury has the authority to obtain samples of products offered
for importation, without charge, and deliver
[[Page 50829]]
such samples to the Commission for inspection. 15 U.S.C. 2066(b).
Additionally, CBP has the authority to seize and destroy products
offered for importation under the Tariff Act, codified at 19 U.S.C.
1595a(c)(2)(A), where the importation or entry of such products is
subject to any restriction or prohibition which is imposed by law
relating to health, safety, or conservation and such products are not
in compliance with the applicable rule, regulation, or statute. An
admissibility determination may be deferred to allow an importer to
recondition products for entry. 15 U.S.C. 2066(c). CPSC and CBP have
authority to supervise the reconditioning of products for entry that
are still under CBP's bond. 15 U.S.C. 2066(d). If these products cannot
be reconditioned, they must be refused admission and destroyed, unless
the Secretary of the Treasury permits export in lieu of destruction. 15
U.S.C. 2066(d) & (e).
Taken together, these authorities give CPSC a broad ability to
monitor all consumer products within its jurisdiction. However, the PGA
Message Set test described in this notice will be limited at this time
to a study of CPSC regulated consumer products and the following
products included on the Substantial Product Hazard List issued under
section 15(j) of the CPSA (16 CFR part 1120): hand-supported hair
dryers, extension cords, and seasonal and decorative lighting products.
The Commission believes that insights gained through this limited PGA
Message Set test will begin to inform future import surveillance
efforts across broader areas of CPSC's jurisdiction.
C. ITDS Goals and CBP's Authority To Conduct National Customs
Automation Program Tests
The ITDS is an electronic data interchange system whose goals
include eliminating redundant information requirements, efficiently
regulating the flow of commerce, and effectively enforcing 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 participating
federal agencies. All federal agencies that require documentation for
clearance or licensing the importation of cargo are required to
participate in ITDS. The Customs Modernization provisions in the North
American Free Trade Agreement Implementation Act provide the
Commissioner of CBP with authority to conduct limited test programs or
procedures designed to evaluate planned components of the National
Customs Automation Program (``NCAP''), which includes ACE. The PGA
Message Set test described in this notice is in furtherance of the ITDS
and NCAP goals.
D. The ``Single Window'' Approach
President Obama, on February 19, 2014, issued Executive Order
13659, Streamlining the Export/Import Process for America's Businesses
(``EO 13659''), which requires certain federal agencies to enhance
significantly their use of technology to modernize and simplify the
trade processing infrastructure. Specifically, EO 13659 requires
applicable government agencies to use CBP's ITDS, and supporting
systems, such as ACE, to create a ``single window'' through which
businesses will electronically submit import-related data for
clearance. EO 13659 envisions and is working toward a simpler, more
efficient portal for trade use, to benefit the trade and government
agencies that have related authorities and responsibilities.
Participating agencies have until December 31, 2016, to implement
ACE as the primary means of receiving agency-specific standardized
import data. As an independent agency, CPSC is not bound by EO 13659,
but electronic filing of more limited targeting/enforcement data or
certificate data will aid CPSC in focusing the agency's resources to
clear compliant products more efficiently, target noncompliant
shipments more effectively, and improve enforcement of our safety
statutes and regulations at the ports.
E. Test Purpose and Goal
Consumer protection, by preventing noncompliant products from ever
reaching American homes and American children, was a primary impetus
for passage of the CPSIA and remains a high priority initiative of the
CPSC. Section 222 of the CPSIA calls for the creation of a risk
assessment methodology to better target noncompliant products at
import. Accordingly, CPSC currently will focus its resources on a test
with CBP on electronic filing of more limited targeting/enforcement
data elements, using the PGA Message Set. Information and feedback from
the test will be used to inform the Commission in striving to improve
and streamline the import process. The initial intent of this pilot was
to require electronic filing of Certificates of Compliance for all
regulated imported products. However, after consultation with
stakeholders, the Commission has, for the time being, limited the
current PGA Message Set Test to collection of certain minimal
targeting/enforcement data. This PGA Message Set Test will not provide
the Commission with information relating to levels of compliance with
the statutory certificate requirements. However, the Commission
believes obtaining such information continues to be important to
informing future Commission decisions regarding the need for electronic
filing of full certificate data.
II. Targeting/Enforcement Data Test
The test will allow two different methods of filing targeting/
enforcement data, using the PGA Message Set: (1) Filing a minimum of 5
data elements at time of entry (``PGA Message Set''), or (2) filing
only a reference to targeting/enforcement data stored in a Registry
maintained by CPSC (``Data Registry and Reference PGA Message Set'').
Targeting/enforcement data for regulated finished products and
specified finished products subject to section 15(j) of the CPSA,
either in the form of the complete data set or the registry reference,
would be submitted through the PGA Message Set as part of an ACE entry,
or ACE entry summary if both entry and entry summary are filed
together. Targeting/enforcement data, along with entry data, would then
be made available to CPSC for validation, risk assessment, and
admissibility determinations at entry, thereby facilitating compliant
trade as well as sharpening our focus on noncompliant trade. The data
would be used to review consumer product entry requirements and allow
for earlier risk-based admissibility decisions by CPSC staff.
Additionally, because it is electronic, the PGA Message Set could
eliminate the necessity for submission and subsequent handling of paper
documents. Piloting electronic filing as a means to transition away
from paper-based filing is a priority initiative of the PGAs to meet
the stated ``single window'' implementation timeline.
A. PGA Message Set
To file data electronically with CBP, information required for
eligible finished products would need to be filed in CBP's ACE system.
The proposed PGA Message Set test would evaluate the electronic filing
of a minimum of the five targeting/enforcement data elements listed
below for regulated finished products and those data elements listed
below that are applicable to the following products included on the
Substantial Product Hazard List issued under section 15(j) of the CPSA:
hand-supported hair dryers,
[[Page 50830]]
extension cords, and seasonal and decorative lighting products.
1. Identification of the finished product;
2. Each consumer product safety rule to which the finished product
has been certified under 16 CFR part 1110;
3. Place where the finished product was manufactured, produced, or
assembled, including the identity and address of the manufacturing
party;
4. Parties on whose testing a certificate under 16 CFR part 1110
depends (name and contact information of the testing entity); and
5. A check box indicating that a required certificate currently
exists for the finished product, as required by Sections 14 and 17 of
the CPSA.
Based on years of both CPSC and CBP staff law enforcement
experience, CPSC staff has identified at this time the minimal data
elements above as crucial for targeting noncompliant products before
they enter commerce and enforcing related requirements.
CPSC is drafting a supplemental CATAIR guideline on filing
targeting/enforcement data through the PGA Message Set that describes
the technical specifications for filing targeting/enforcement data
using the PGA Message Set, as well as the Data Registry and Reference
PGA Message Set (described in section II.B below). The supplemental
CATAIR guideline will be made available before CBP initiates the test
and will be posted on http://www.cbp.gov/trade/ace/catair. Technical
comments on CPSC's supplemental CATAIR guideline should be submitted in
accordance with the instructions in the ADDRESSES section at the
beginning of this notice.
B. CPSC Data Registry and Data Reference PGA Message Set
The Data Registry concept arises out of discussions at CPSC staff's
2014 eFiling workshop. Stakeholders noted that other agencies have
existing databases that can be referenced during the CBP entry process
without having to re-enter repeatedly large amounts of data.
Participants expressed concern about added costs and time for importers
to enter data for each regulated finished product and the need for
accurate data entry. Customs brokers also expressed concern about lack
of access to required data. For example, express carriers were
concerned about meeting entry requirements during off-hour times when
business personnel were unavailable for consultation. Stakeholders
expressed concern that any requirement to re-enter large amounts of
data, or lack of access to the required data, may slow the import
process.
After considering stakeholder comments and concerns, CPSC has
decided to include a Data Registry in the test to inform the Commission
whether this concept alleviates some of the concerns expressed at the
2014 eFiling workshop. Instead of filing complete targeting/enforcement
data in ACE with each entry, participants can elect to pre-file
information into a Data Registry before filing an entry with CBP. The
Data Registry will be created and maintained by CPSC. Use of the Data
Registry will be voluntary. Firms can use the Data Registry to enter
targeting/enforcement data and to manage those data; or firms with
established databases or processes can provide information for many
products electronically in a batch upload.
Once targeting/enforcement data are filed in the Data Registry,
filers will only need to provide a reference, or identifier, to the
data using the PGA Message Set during the entry process, rather than
entering all data multiple times. Firms that choose to use the Data
Registry only would need to provide their filer with an identifier, and
would not need to provide all data elements for each product being
imported. Using the Data Registry should minimize data entry; reduce
costs and filing time; and allow firms to manage, update, and re-use
targeting/enforcement data in the registry. CPSC demonstrated a
prototype of the Registry at the May 13, 2015 public meeting with the
COAC working group. A webcast of this meeting can be viewed here:
http://www.cpsc.gov/en/Newsroom/Multimedia/?vid=73411.
III. Test Participant Eligibility, Selection Criteria, and
Responsibilities
This document announces CPSC's plan, in consultation with CBP, to
conduct a test for the electronic filing of targeting/enforcement data
with CBP for regulated consumer products within CPSC's jurisdiction and
specified products subject to section 15(j) of the CPSA that are
imported into the United States. Test participants will work with CPSC
and CBP to refine electronic filing of data through the PGA Message
Set, by filing all data elements in the PGA Message Set, or by using
the Data Registry, and filing a reference to targeting/enforcement data
through PGA Message Set. CBP and CPSC are seeking small and large
companies with an assortment of products under CPSC jurisdiction to
participate in the test.
To be eligible to apply as a test participant, the applicant must:
Import regulated consumer products within the Commission's
jurisdiction or specified products subject to section 15(j) of the
CPSA;
File consumption entries and entry summaries in ACE, or
have a broker who files in ACE;
Use a software program that has completed ACE
certification testing for the PGA Message Set;
Be willing to participate in the Trade Support Network
(TSN);
Provide oral and written feedback on all aspects of the
test as requested by CPSC, including information on costs to build to
the requirements and time necessary to file targeting/enforcement data;
Work with CPSC and CBP to test electronic filing of data
using ABI to file through the Message Set, or references to targeting/
enforcement data in the Data Registry; and
Have a history of compliance with CPSC requirements.
Because the feedback on the test will be used to inform a
rulemaking related to electronic filing, participant feedback will be
publicly available.
CPSC, in consultation with CBP, will select participants based on
the eligibility requirements, application date, the number and type of
consumer products imported, how applicants would file targeting/
enforcement data (PGA Message Set or Data Registry and Reference PGA
Message Set), port locations, and the goal of having a diverse cross
section of the trade community participate. The number of participants
will be limited in the discretion of CPSC, but will in no event exceed
nine participants. Selected applicants will participate in the test at
the discretion of CBP and CPSC.
IV. Application Process
Any party seeking to participate in the test should email the
company name, contact information, filer code, port(s) at which they
are interested in filing, and an explanation of how they satisfy the
requirements for participation to: [email protected] on or before
October 5, 2015 and throughout the duration of the test. CPSC will
consider applications to participate until the test capacity of nine
participants is filled. Requests to participate in the test should
contain the subject heading: ``Application to participate in PGA
Message Set Test.'' Applicants may be contacted directly for additional
information in connection with the selection process. Selected
participants will be notified by email. Selected test participants may
have different starting dates. A party providing incomplete
information, or otherwise not meeting the participation requirements,
will be notified by email and given the
[[Page 50831]]
opportunity to resubmit the application. Applicants who are not
selected also will be notified by email.
V. Advantages of Participation
During the period of participation in the test, which the CPSC
refers to as the ``eFiling Alpha Pilot,'' test participants can expect
the following:
Opportunity to work directly with CBP and CPSC in pre-
implementation stage of e-Filing targeting/enforcement data;
Ability to provide feedback and experience that will
inform ultimate e-Filing requirements;
Ability to trouble-shoot systems and procedures;
Reduction of product safety tests on goods imported;
In the event of an examination, shipments will be
conditionally released to the importer's premises for examination;
In the event of testing, samples will receive ``front of
the line testing'' from CPSC laboratories; and
If destruction of products is required, participants may
be allowed to destroy products in lieu of redelivering the product to
CBP for destruction.
VI. Test Duration
Upon selection into the test, test participants will be expected to
begin work promptly with CBP and CPSC to define and refine
requirements. Once the test is operational, the test is expected to run
for approximately six months or until concluded or extended by the
issuance of a Federal Register notice announcing the extension or
conclusion of this test.
VII. Paperwork Reduction Act
For this initial test of electronic filing of targeting/enforcement
data, CPSC will accept fewer than 10 participants, and the test will be
exempt from the requirements of the Paperwork Reduction Act of 1995. If
CPSC decides to participate in a larger-scale test, we will provide
notice and seek an OMB control number specifically for such test.
VIII. Confidentiality
All data submitted and entered into ACE is subject to the Trade
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to
the extent as otherwise provided by law. As stated in previous notices,
participation in this or any of the previous ACE tests is not
confidential and upon a written Freedom of Information Act (``FOIA'')
request, a name(s) of an approved participant(s) will be disclosed by
CPSC or CBP in accordance with 5 U.S.C. 552.
Dated: August 18, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-20707 Filed 8-20-15; 8:45 am]
BILLING CODE 6355-01-P