[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Notices]
[Pages 12936-12939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04472]



[[Page 12936]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Reopening and Modification of the National Customs Automation 
Program Test Regarding Submission of Import Data and Documents Required 
by U.S. Fish and Wildlife Service Through the Automated Commercial 
Environment

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

ACTION: General notice.

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SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP), in consultation with the U.S. Fish and Wildlife 
Service (FWS), is reopening and modifying the National Customs 
Automation Program (NCAP) test pertaining to the submission of certain 
import data and documents for commodities regulated by FWS (``FWS 
test'') through the Automated Commercial Environment (ACE). Two of the 
modifications in this notice apply to the streamlining of the 
submission of data and documents for test participants using certain 
filing options under the FWS test (specifically, filing options 2 and 
4). The other modifications are administrative, specifically, updating 
contact information for CBP and FWS.

DATES: As of April 6, 2020, the FWS test will become operational. This 
test will continue until concluded by way of announcement in the 
Federal Register.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Trade Policy 
and Programs, Office of Trade, U.S. Customs and Border Protection, at 
[email protected], with a subject line identifier 
reading ``Comment on FWS Test FRN.''

FOR FURTHER INFORMATION CONTACT: Lea-Ann Bigelow, Trade Policy and 
Programs, Office of Trade, U.S. Customs and Border Protection, at (202) 
863-6089 or [email protected]. For technical questions 
related to ACE or Automated Broker Interface (ABI) transmissions, 
contact your assigned client representative. Interested parties without 
an assigned client representative should direct their questions to 
Michael Cooney, Supervisory ACE Client Representative, Trade 
Transformation Office, Office of Trade, U.S. Customs and Border 
Protection, at [email protected], with the subject 
heading ``FWS Test Technical Questions.'' For FWS-related questions, 
contact Rhyan Tompkins, Senior Wildlife Inspector, Office of Law 
Enforcement (Headquarters), U.S. Fish and Wildlife Service, at (703) 
358-1750 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. National Customs Automation Program Test

    The National Customs Automation Program (NCAP) was established 
under the authority of 19 U.S.C. 1411, in part, to develop the 
Automated Commercial Environment (ACE), the planned successor to the 
Automated Commercial System (ACS), as the electronic data interchange 
(EDI) system authorized by U.S. Customs and Border Protection (CBP). 
ACE is an automated and electronic system for commercial trade 
processing, which 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 ability to meet these objectives depends 
on successfully modernizing CBP's business functions and the 
information technology that supports those functions.
    CBP's modernization efforts are accomplished through phased 
releases of ACE component functionality designed to replace specific 
legacy ACS functions and add new functionality. Section 101.9(b) of 
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides 
for the testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March 
16, 1995).

B. The U.S. Fish and Wildlife Service (FWS) Partner Government Agency 
(PGA) Message Set and Digital Image System (DIS) Test

    On May 5, 2016, CBP published a notice in the Federal Register (81 
FR 27149) announcing an NCAP test concerning the electronic submission 
of certain import data and documents for commodities regulated by U.S. 
Fish and Wildlife Service (FWS). This original test notice provided 
that test participants would electronically submit data contained in 
FWS's ``Declaration for Importation or Exportation of Fish and 
Wildlife'' (``Declaration'' or ``FWS Form 3-177'') to ACE using the 
Partner Government Agency (PGA) Message Set, and any required original 
permits or certificates, and copies of any other documents required 
under the FWS regulations (see 50 CFR part 14) to ACE via the Digital 
Image System (DIS). For more information and the general rules, 
procedures, technical requirements and terms and conditions applicable 
to the PGA Message Set and the DIS, please see prior Federal Register 
notices at 78 FR 75931 (December 13, 2013) and 80 FR 62082 (October 15, 
2015).
    Under the original test, ACE replaced FWS's internet-based filing 
system (``eDecs'') that was used for the electronic submission of the 
Declaration and accompanying documents. After receipt in ACE, the data 
and electronic documents were to be sent to FWS for processing. The 
original test notice further provided that original ``Convention on 
International Trade in Endangered Species of Wild Fauna and Flora'' 
(``CITES'') permits and certificates, and foreign-law paper documents 
were to be submitted directly to the FWS office at the applicable CBP 
port. On January 12, 2017, the PGA Message Set test for FWS was 
suspended due to concerns raised by the industry regarding the design 
of the message set. See Cargo Systems Messaging Service (CSMS) Message 
17-000015.\1\ On January 18, 2017, CBP issued a subsequent CSMS message 
to advise the public that, as a result of the suspension of the PGA 
Message Set for FWS, the FWS pilot was suspended pending further review 
and stakeholder collaboration to enhance the implementation. See CSMS 
Message 17-000023.
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    \1\ For access to all CSMS messages referenced in this notice, 
please see https://www.cbp.gov/trade/automated/cargo-systems-messaging-service.
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    On April 23, 2018, CBP published a notice in the Federal Register 
(83 FR 17669), announcing the reopening and modification of the 
original test from 2016. The notice announced a new email address for 
applications to participate in the modified test and information to be 
included in the email, instructions for discontinuation of 
participation in the test, as well as four new filing options for the 
submission of data and documents. The notice also announced two 
restrictions to the initial participation in the modified test. The 
modified test became operational on May 23, 2018. See also CSMS Message 
18-000298.
    On May 25, 2018, CBP issued CSMS Message 18-000364, summarizing the 
requirements for the modified test and specifying additional technical 
steps for test participation. The message also advised that ninety days 
after the opening of the modified test for public participation, CBP 
and FWS would suspend it in order to review the results before 
extending it. Accordingly, the

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modified test was suspended and, after review and evaluation of the 
modified test results, CBP determined as follows: Additional technical 
programming needed to be completed by FWS; additional modifications to 
the programming instructions in the CBP Customs and Trade Automated 
Interface Requirements (CATAIR) for the applicable PGA Message Set 
would be required; and, greater and more diverse trade participation 
would be required to ensure success before the modified test would be 
reopened. Following the suspension of the modified test, CBP worked 
closely with FWS and members of the trade to improve the design of the 
FWS test. Consequently, CBP is now prepared to reopen the FWS test for 
public participation, with the additional modifications described 
below.

II. New Test Modifications and Reopening for Public Participation

    This document announces the reopening of the FWS test with two 
further modifications to streamline the PGA Message Set for FWS by 
limiting information provided to only data that is currently provided 
in FWS's eDecs system. To implement the modifications, CBP modified the 
programming in ACE to remove several record identifiers and other data 
elements. In addition, other technical programming changes have created 
efficiencies, i.e., all FWS-staffed designated ports are now 
consolidated under the subheading ``Wildlife Ports'' in the CATAIR 
guidelines for FWS to align with the requirements in 50 CFR part 14.12 
of the FWS regulations. The updated ACE programming instructions for 
the PGA Message Set for FWS are available in the supplemental CATAIR 
document entitled FWS Implementation Guide. See https://www.cbp.gov/trade/ace/catair (the FWS Implementation Guide is available under the 
PGA Message Set chapter of the CATAIR). Finally, CBP made other minor 
modifications for the administration of the FWS test, specifically 
updating the contact information for both comments and questions to CBP 
and FWS, as well as for participation in and discontinuation of the 
test.
    The remainder of this notice provides a more detailed description 
of the two modifications to streamline the submission process, followed 
by a comprehensive restatement of the entire FWS test, with all past 
and new modifications incorporated therein.\2\ These modifications 
affect certain filing options (specifically, filing options 2 and 4) of 
the FWS test. Before elaborating, and by way of background, it should 
be noted that the FWS test was designed to provide test participants 
with four different filing options when submitting import data, 
disclaimers, or documents in ACE: Participants could either file FWS 
Form 3-177 data in ACE, using the PGA Message Set and DIS (option 1), 
file FWS Form 3-177 and required documents directly with FWS (option 
2), file in the PGA Message Set using Disclaimer code ``C'' to indicate 
that they would file with FWS through eDecs at a later time (option 3), 
or file in the PGA Message Set using Disclaimer code ``E'' when a 
Harmonized Tariff Schedule of the United States code (hereinafter 
referred to as the HTS code) was flagged as ``FW1'', but the commodity 
did not contain fish or wildlife (option 4).
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    \2\ The corresponding technical changes to the ACE programming 
requirements are set forth in the Document History section of the 
updated CATAIR, in the FWS Implementation Guide, which is available 
on the CBP website at https://www.cbp.gov/trade/ace/catair under the 
tab ``PGA Message Set Documents.''
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A. Addition of a Limited Data Set (LDS) FWS Processing Code for Filing 
Option 2

    Previously, test participants selecting filing option 2 for the FWS 
test could file the FWS Form 3-177 and required documents with FWS, and 
then either file the applicable eDecs confirmation number in the PGA 
Message Set (if FWS clearance was already received via eDecs) or use 
Disclaimer code ``D'' (``data filed through paper'') to file in the PGA 
Message Set (if FWS clearance was already received via paper).
    This notice announces that filing option 2 is modified to be more 
efficient by adding a Limited Data Set (LDS) FWS processing code under 
filing option 2 for test participants to use, to indicate that the 
entire data set and required documents have already been filed directly 
with FWS. Thus, only limited data needs to be submitted in ACE, 
including the eDecs confirmation number or Disclaimer code ``D''.

B. Removal of Disclaimer Requirement for Filing Option 4

    Previously, under filing option 4, when an HTS code was flagged as 
``FW1'' (meaning tariff codes in which the commodities are likely to 
contain animals or animal products that require FWS declaration and 
clearance), but the commodity did not contain fish or wildlife, 
participants would file in the PGA Message Set using Disclaimer code 
``E'' (``product does not contain fish or wildlife, including live, 
dead, parts or products thereof, except as specifically exempted from 
declaration requirements under 50 CFR part 14'') to disclaim the need 
to file FWS Form 3-177 and required documents. However, if a commodity 
contained both FWS-regulated and non-FWS regulated animal components, 
the filer was required to use Disclaimer code ``E'' in conjunction with 
one of the other options.
    This notice announces that filing option 4 is modified to alleviate 
the unnecessary burden on the filer. Specifically, if a commodity 
contains both FWS-regulated and non-FWS-regulated animal components, 
the filer should submit a PGA Message Set only for the FWS-regulated 
animal component, using options 1-4. The Disclaimer code ``E'' that was 
previously required for the non-FWS-regulated animal components under 
option 4 is no longer required.

III. Description of Test

A. Test Participant Responsibilities

    Test participants will be required to:
    (1) Transmit the Declaration data and Disclaimers electronically to 
ACE, when filing an entry in ACE, in the PGA Message Set, using one of 
the four filing options outlined below, at any time prior to the 
arrival of the merchandise on the conveyance transporting the cargo to 
the United States;
    (2) Transmit required permits or documents using DIS;
    (3) Submit original CITES and foreign-law paper documents directly 
to the FWS office at the applicable port;
    (4) Use a software program that has completed ACE certification 
testing for the PGA Message Set; and
    (5) Take part in a CBP-FWS evaluation of this test.

B. Test Participation and Selection Criteria (Certification)

    To be eligible to apply for this test, the applicant must:
    (1) Be a self-filing importer who has the ability to file ACE 
entry/cargo release and ACE Entry Summaries certified for cargo release 
or a broker who has the ability to file ACE entry/cargo release and ACE 
Entry Summaries certified for cargo release;
    (2) File Declarations and Disclaimers for FWS-regulated 
commodities; and
    (3) Have an FWS eDecs filer account that contains the CBP filer 
code when filing under Option 1.
    Test participants must meet all the eligibility criteria described 
in this document in order to participate in the test program.

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C. Application for Participation in Test

    Applications to participate in the test program should be submitted 
by email to FWS at [email protected], with the subject heading 
``Request to Participate in the FWS Test.'' A copy of the application 
should be sent to the applicant's assigned CBP client representative, 
Trade Transformation Office, Office of Trade. Applicants without an 
assigned CBP client representative should submit their applications by 
email to CBP at [email protected], with the subject 
heading ``PGA Message Set FWS Test FRN-Request to Participate.'' 
Applications must include the applicant's filer code, the commodities 
the applicant intends to import, and the intended ports of arrival. Any 
applicant to the original or modification test notice who wishes to 
participate in the reopening of the test should apply again pursuant to 
this notice.

D. Restrictions to Initial Participation in Test

    Initially, participation in the test program will be restricted to 
certain FWS ports. FWS will notify participants of the ports they may 
use to enter commodities under the test procedures. In addition, 
initial participation in the test program will exclude entries of live 
and perishable commodities. Once FWS determines that a participant has 
fully tested its software for filing entries in ACE, FWS will notify 
the participant of its eligibility to file for entries of live and 
perishable commodities.

E. Submission of Data and Documents in ACE

    This test provides participants with four different filing options 
when submitting data, disclaimers or documents in ACE. Participants do 
not need to notify CBP or FWS about which option they plan on using. 
Participants may use different filing options for different entries.
    (1) Option 1: Test participants will file FWS Form 3-177 data in 
ACE using the PGA Message Set and upload required FWS documents in DIS. 
This filing option replaces eDecs for those participants filing entries 
under the auspices of this test program. ACE will send the data and 
electronic documents to FWS for processing.
    (2) Option 2: Test participants will file FWS Form 3-177 and 
required documents directly with FWS. Under this option, test 
participants will either file the applicable eDecs confirmation number 
in the PGA Message Set, using the Government Agency Processing Code 
``LDS'' (Limited Data Set) (if FWS clearance was already received via 
eDecs), or use Disclaimer code ``D'' (``data filed through paper'') to 
file in the PGA Message Set (if FWS clearance was already received via 
paper). DIS will not be used under this option unless further 
information is requested by CBP or FWS to substantiate a disclaimer on 
a case-by-case basis.
    (3) Option 3: Test participants will file in the PGA Message Set 
using Disclaimer code ``C'' (``data filed through other agency means'') 
to indicate that they will follow up with FWS and file in eDecs at a 
later time. DIS will not be used under this option unless further 
information is requested by CBP or FWS to substantiate a disclaimer on 
a case-by-case basis.
    (4) Option 4: When an HTS code is flagged as ``FW1'', participants 
may file in the PGA Message Set using Disclaimer code ``E'' (``product 
does not contain fish or wildlife, including live, dead, parts or 
products thereof, except as specifically exempted from declaration 
requirements under 50 CFR part 14'') to disclaim the need to file FWS 
Form 3-177 and required documents because the commodity does not 
contain fish or wildlife. If a commodity contains both FWS-regulated 
and non-FWS regulated animal components, the filer should submit a PGA 
Message Set for only the FWS-regulated animal component, using options 
1-4. No Disclaimer code ``E'' is required for the non-FWS regulated 
animal component.

F. Discontinuation of Participation in Test

    Requests to discontinue participation in the test program should be 
submitted by email to FWS at [email protected] with the subject 
heading ``Request to Discontinue Participation in the FWS Test.'' This 
process ensures that any future entries submitted by an importer who 
wishes to discontinue participation will not be rejected by the 
business rules operating in the test due to missing Declaration data 
and accompanying documents. A copy of the request to discontinue should 
be sent to the participant's CBP client representative, Trade 
Transformation Office, Office of Trade. The request should include the 
date the participant wishes to end the participation.

IV. Application Process

    As of March 5, 2020, FWS will accept applications throughout the 
duration of the test. FWS will notify the selected applicants by an 
email message of their selection and the starting date of their 
participation. Selected participants may have different starting dates. 
Anyone providing incomplete information, or otherwise not meeting 
participation requirements, will be notified by an email message and 
given the opportunity to resubmit the application. There is no limit on 
the number of participants.

V. Test Duration

    The test program and modifications announced in this notice will 
become operational on April 6, 2020. At the conclusion of the test 
program, an evaluation will be conducted to assess the effect that the 
PGA Message Set has on expediting the submission of FWS importation-
related data elements and the processing of FWS-related entries. The 
final results of the evaluation will be published in the Federal 
Register as required by section 101.9(b)(2) of the CBP regulations (19 
CFR 101.9(b)(2)). Any modifications to this test will be announced via 
a separate Federal Register notice.

VI. Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, or discontinuance from 
participation in this test for any of the following:
    (1) Failure to follow the terms and conditions of this test;
    (2) Failure to exercise reasonable care in the execution of 
participant obligations;
    (3) Failure to abide by applicable laws and regulations that have 
not been waived; or
    (4) Failure to deposit duties or fees in a timely manner.
    If the Director, Interagency Collaboration Division, Trade Policy 
and Programs (TPP), Office of Trade, finds that there is a basis for 
discontinuance of test participation privileges, the test participant 
will be provided a written notice proposing the discontinuance with a 
description of the facts or conduct warranting the action. The test 
participant will be offered the opportunity to appeal the Director's 
decision in writing within ten (10) calendar days of receipt of the 
written notice. The appeal must be submitted to the Executive Director, 
Trade Transformation Office (TTO), Office of Trade, by emailing 
[email protected].
    The Executive Director will issue a decision in writing on the 
proposed action within thirty (30) working days after receiving a 
timely filed appeal from the test participant. If no timely appeal is 
received, the proposed notice becomes the final decision of the

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Agency as of the date that the appeal period expires. A proposed 
discontinuance of a test participant's privileges will not take effect 
unless the appeal process under this paragraph has been concluded with 
a written decision adverse to the test participant.
    In instances of willfulness or those in which public health, 
interest, or safety so requires, the Director, Interagency 
Collaboration Division, TPP, Office of Trade, may immediately 
discontinue the test participant's privileges upon written notice to 
the test participant. The notice will contain a description of the 
facts or conduct warranting the immediate action. The test participant 
will be offered the opportunity to appeal the Director's decision 
within ten (10) calendar days of receipt of the written notice 
providing for immediate discontinuance. The appeal must be submitted to 
the Executive Director, TTO, Office of Trade, by emailing 
[email protected]. The immediate discontinuance will 
remain in effect during the appeal period. The Executive Director will 
issue a decision in writing on the discontinuance within fifteen (15) 
working days after receiving a timely filed appeal from the test 
participant. If no timely appeal is received, the notice becomes the 
final decision of the Agency as of the date that the appeal period 
expires.

VII. Waiver of Regulation Under the Test

    For purposes of this test, those provisions of 19 CFR parts 10 and 
12 that are inconsistent with the terms of this test are waived for the 
test participants only. See 19 CFR 101.9(b). This document does not 
waive any recordkeeping requirements found in 19 CFR part 163 and the 
Appendix to part 163 (commonly known as the ``(a)(1)(A) list''). This 
test also does not waive any FWS requirements under 50 CFR part 14.

VIII. Comments

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests comments and feedback on all aspects of 
this test, including the design, conduct and implementation of the 
test, in order to determine whether to modify, alter, expand, limit, 
continue, end, or fully implement this program.

IX. Paperwork Reduction Act

    The collection of information contained in this FWS PGA Message Set 
test has been approved by the Office of Management and Budget (OMB) in 
accordance with the requirements of the Paperwork Reduction Act (44 
U.S.C. 3507) and assigned OMB control number 1018-0012. An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a valid control number 
assigned by OMB.

X. Confidentiality

    All data submitted and entered into ACE may be subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential by CBP, 
except to the extent as otherwise provided by law. As stated in 
previous notices, participation in these 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 CBP in accordance with 5 U.S.C. 552.

    Dated: February 28, 2020.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2020-04472 Filed 3-4-20; 8:45 am]
 BILLING CODE 9111-14-P