[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60756-60757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21289]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2017-0069]


International Trade Data System: Timeline for Enforcing APHIS 
Core Message Set Flags in the Automated Commercial Environment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Animal and Plant Health Inspection Service (APHIS) is 
announcing a delay in the full implementation of the APHIS Core Message 
Set in the Automated Commercial Environment/International Trade Data 
System (ACE/ITDS) for the electronic submission of data required by 
APHIS Animal Care, Biotechnology Regulatory Services, Plant Protection 
and Quarantine, and Veterinary Services. APHIS intended to begin 
applying Harmonized Tariff Schedule flags, which would alert filers who 
opted to submit electronically using ACE whether APHIS import data is 
or may be required, on August 3, 2020. Due to the COVID-19 pandemic, 
APHIS is delaying implementation until January 25, 2021. Full 
implementation of the message set will bring APHIS into compliance with 
the mandates of the Security and Accountability For Every Port Act of 
2006 and Executive Order 13659. The information collected will enhance 
APHIS' ability to make data-driven policy decisions, improve risk 
analysis/assessments, and enhance ability to respond to changing pest/
disease conditions.

DATES: APHIS will begin full implementation of the APHIS Core Message 
Set on January 25, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Leshin, APHIS Liaison for 
Automated Commercial Environment, International Trade Data System, 
Management and Program Analyst, Quarantine Policy, Analysis and 
Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737; 
(301) 851-2085; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The National Customs Automation Program (NCAP) was established in 
Subtitle B of Title VI-Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 
2057, 2170, December 8, 1993; see 19 U.S.C. 1411). Through NCAP, the 
initial thrust of customs modernization was on trade compliance and the 
development of the Automated Commercial Environment (ACE), the planned 
successor to the Automated Commercial System. ACE is an automated and 
electronic system for commercial trade processing 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 U.S. 
Customs and Border Protection (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.
    The International Trade Data System (ITDS) is authorized by section 
405 of the Security and Accountability For Every Port Act of 2006 (SAFE 
Port Act, Pub. L. 109-347). The purpose of ITDS, as defined by section 
405 of the SAFE Port Act, 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

[[Page 60757]]

collection and distribution of standard electronic import and export 
data required by all participating Federal agencies.
    From March 1, 2016, through August 15, 2016, the Animal and Plant 
Health Inspection Service (APHIS) conducted pilots of ACE/ITDS using 
the message set data for Animal Care, Biotechnology Regulatory 
Services, Plant Protection and Quarantine, and Veterinary Services 
(known collectively as APHIS Core).\1\ The pilots were available for 
any stakeholder interested in participating. During the pilot phase, 
APHIS conducted an analysis and provided feedback on each initial 
filing. APHIS continues to provide an analysis of the data submissions 
for stakeholders who request feedback.
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    \1\ To view the notices announcing the beginning and end of the 
pilots, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2015-0063.
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    On February 3, 2020, APHIS published in the Federal Register (85 FR 
5928-5929, Docket No. APHIS-2017-0069) a notice \2\ announcing our 
intention to fully implement this change on August 3, 2020. APHIS 
solicited comments regarding the notice for 30 days ending on March 4, 
2020. We received 4 comments by that date, from two trade brokers 
associations, a diagnostic laboratory, and a private citizen. They are 
discussed below.
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    \2\ To view the notice and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0069.
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    Two commenters were generally supportive of the planned 
implementation date of August 3, 2020, but stated that implementation 
would be challenging for importers, shippers, and brokers. Both 
commenters suggested that APHIS consider a soft enforcement period upon 
implementation, during which the automated system would allow filers to 
revert to a paper option if they are unable to submit all the 
information electronically on a particular shipment. The commenters 
stated that if APHIS does not implement a soft enforcement period, the 
agency should set up a ``war room'' staffed by technical experts who 
could provide technical assistance in the event of difficulties.
    APHIS recognizes that full implementation may present challenges 
for some stakeholders. Due to the COVID-19 pandemic, APHIS has decided 
to delay implementation until January 25, 2021. We believe that this 
delay will provide stakeholders with sufficient time to prepare for 
full implementation. APHIS notes that since 2017, those stakeholders 
ready to begin filing electronically have had the option to do so. 
APHIS is committed to helping trade with questions and technical 
assistance through our help desk support at [email protected].
    Two commenters expressed concern that APHIS Core implementation 
would impose additional requirements on trade. One of these commenters 
asked why APHIS was adding additional regulations and tariffs if the 
intent of the action was to eliminate redundant information filing 
requirements, efficiently regulate the flow of commerce, and 
effectively enforce laws and regulations relating to international 
trade.
    APHIS believes the commenter misunderstood the original notice. No 
additional tariffs are required as a result of this action, and this 
action does not amend the regulations that govern importation of any 
products within APHIS' statutory authority. As we explained in our 
initial notice, applying Harmonized Tariff Schedule (HTS) flags in ACE 
will alert filers who opt to submit data electronically whether APHIS 
import data is or may be required. This action will not change what 
import data is required, just the format in which it is submitted.
    The other commenter expressed concern that additional electronic 
documents would be required to be submitted by the shipper, including 
additional permits for certain items. The commenter also expressed 
concern that health care providers submitting samples for testing would 
be required to have computer access, knowledge of the correct forms to 
complete, and to submit those forms in advance. The commenter stated 
that imposing such additional requirements could cause in delays in 
shipping, and those delays could result in lost time in client-patient 
care support and in damage to samples sent for diagnostic testing.
    As we explained above, implementation of the APHIS Core message set 
does not change either admissibility or documentation requirements. The 
only change is to the format in which the information is presented by 
those filers who submit that information through ACE.
    As we also explained above, due to the COVID-19 pandemic, APHIS has 
decided to delay implementation until January 25, 2021. On that date, 
APHIS intends to begin applying HTS flags, which will alert filers, who 
opt to submit data electronically, whether APHIS import data is or may 
be required. Importers or brokers using ACE must enter APHIS-required 
import data when they receive an APHIS-specific HTS flag in order to 
complete their entry in the system.
    Importers and brokers are required to submit APHIS-required 
information at the first U.S. port of arrival and are responsible for 
knowing what to file, regardless of whether a tariff code is flagged in 
ACE. The APHIS Core Message Set does not allow for de minimis 
exceptions. Importers and brokers must submit required data for APHIS-
regulated products regardless of the size or value of the shipment. Any 
exceptions to filing APHIS Core data within the ACE environment is 
available on the APHIS ACE website at http://www.aphis.usda.gov/ace.
    Additional information and guidance regarding the APHIS Core 
Message Set are located at the following website: http://www.aphis.usda.gov/ace/. The latest APHIS Core Message Set 
implementation guide is available on the CBP website at https://www.cbp.gov/document/guidance/aphis-pga-message-set-adapted-data-element-record-layout. A complete list of documents and approved 
submission options are available on the CBP website at http://www.cbp.gov/document/guidance/ace-november-1-pga-forms.
    For questions about the APHIS Core Message Set, please email 
[email protected]. For questions related to APHIS' import requirements, 
please visit APHIS' import/export website at https://www.aphis.usda.gov/aphis/ourfocus/importexport or call APHIS' Customer 
Service Center at (844) 820-2234.

    Done in Washington, DC, this 22nd day of September 2020.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-21289 Filed 9-25-20; 8:45 am]
BILLING CODE 3410-34-P