[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 52015-52016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18214]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Transition of the Electronic Certification System (eCERT) to an 
Updated Version (eCERT 2.0)

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

ACTION: General notice.

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SUMMARY: This document announces the transition of the Electronic 
Certification System (eCERT) to an updated version, eCERT 2.0, which 
will become the sole method for participating in the eCERT process. The 
updated version includes three new features that will enhance the 
existing system by implementing additional validations that verify the 
authorized use of quota certificates. The use of eCERT 2.0 will allow 
for the decrementing of quota certificates to prevent those 
certificates from being overused. Participating countries will have 
enhanced querying capabilities to query and track actual certificate 
usage. Additionally, importers will be able to query their usage of the 
quota certificates via the Automated Broker Interface. In order to 
participate in eCERT 2.0, importers must provide the participating 
country with the Importer of Record (IOR) number in advance of filing 
an entry, and, in turn, the participating country must submit the IOR 
number as an additional data element of information within the 
transmission for eCERT 2.0. The transition to eCERT 2.0 will not change 
the tariff-rate quota or tariff preference level filing process or 
requirements. Importers will continue to provide the export certificate 
or certificate of eligibility numbers from the participating countries 
in the same manner as when currently filing entry summaries with U.S. 
Customs and Border Protection. The format of the export certificate and 
certificate of eligibility numbers will remain the same for the 
corresponding eCERT transmissions.

DATES: The transition to eCERT 2.0 will be operational as of September 
25, 2022.

FOR FURTHER INFORMATION CONTACT: Julia Peterson, Chief, Quota and 
Agriculture Branch, Trade Policy and Programs, Office of Trade, (202) 
384-8905, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Electronic Certification System (eCERT) is a system developed 
by U.S. Customs and Border Protection (CBP) that uses electronic data 
transmissions of information normally associated with a required export 
document, such as a license or certificate, to facilitate the 
administration of quotas and ensure that the proper restraint levels 
are charged without being exceeded. Foreign countries participating in 
eCERT transmit information directly or via a global network service 
provider to CBP's automated electronic system for commercial trade 
processing, the Automated Commercial Environment (ACE).
    Specific data elements are transmitted to CBP by the importer of 
record (or an authorized customs broker) when filing an entry summary 
with CBP, and those data elements must match eCERT data from the 
foreign country before an importer may claim any applicable in-quota 
tariff rate of duty or the preferential duty rate under a tariff 
preference level (TPL). An importer may claim an in-quota tariff rate 
or preferential duty rate when merchandise is entered, or withdrawn 
from warehouse, for consumption, only if the information transmitted by 
the importer matches the information transmitted by the foreign 
government. If there is no transmission by the foreign

[[Page 52016]]

government upon entry, an importer must claim the higher over-quota 
tariff rate or most-favored nation (MFN) rate of duty.\1\ An importer 
may subsequently claim the in-quota tariff rate \2\ or preferential 
duty rate \3\ under certain limited conditions.
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    \1\ If there is no associated foreign government eCERT 
transmission available upon entry of the merchandise or filing of 
the entry summary, an importer may enter the merchandise for 
consumption subject to the over-quota tariff rate or the MFN rate of 
duty or opt not to enter the merchandise for consumption at that 
time (e.g., transfer the merchandise to a Customs bonded warehouse 
or foreign trade zone or export or destroy the merchandise).
    \2\ If an importer enters the merchandise for consumption 
subject to the over-quota tariff rate and the associated foreign 
government eCERT transmission becomes available afterwards, an 
importer may claim the in-quota rate of duty by filing a post 
summary correction (before liquidation) or a protest under 19 CFR 
part 174 (after liquidation). In either event, the in-quota rate of 
duty is allowable only if there are still quota amounts available 
within the original quota period.
    \3\ An importer has the opportunity to make a post importation 
claim for a TPL by requesting a refund of any excess customs duties 
at any time within one year after the date of importation of the 
goods. However, the preferential duty rate is allowable only if 
there are still amounts available within the original TPL period.
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    Currently, Australia, Uruguay, New Zealand, and Argentina are 
approved for the use of eCERT for transmitting export certificates for 
certain beef entries subject to the tariff-rate quota.\4\ Additionally, 
Mexico is approved for the use of eCERT for transmitting certificates 
of eligibility for certain textile and apparel goods that are eligible 
for preferential treatment under a TPL.\5\
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    \4\ See the published general notices for the approved use of 
eCERT for Australia (75 FR 81632 (December 28, 2010)), Uruguay (86 
FR 47127 (August 23, 2021)), New Zealand (87 FR 1771 (January 12, 
2022)), and Argentina (87 FR 2172 (January 13, 2022)) for certain 
beef imports subject to a tariff-rate quota.
    \5\ See the published general notice for the approved use of 
eCERT for Mexico for certain textile and apparel goods that are 
eligible for preferential treatment under a TPL (FR 86 FR 54225 
(September 30, 2021)).
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    This document announces that the transition of eCERT to eCERT 2.0 
will be operational as of September 25, 2022, and eCERT 2.0 will become 
the sole method for participating in the eCERT process at that time. As 
of that date, the below-mentioned enhancements will become operational 
for the transmission of export certificates for certain beef entries 
from Australia, Uruguay, New Zealand and Argentina, and for the 
transmission of certificates of eligibility for certain textile and 
apparel goods from Mexico.
    The updated system will include three new features that will 
enhance the existing eCERT system by implementing additional 
validations that verify the authorized use of quota certificates. One 
of the enhancements will allow the eCERT system to decrement the usage 
of quota certificates and prevent those certificates from being 
overused, and thus, provide CBP with better and more easily available 
awareness of the certificate usage. Secondly, participating countries 
will have enhanced querying capabilities to query and track actual 
certificate usage in eCERT 2.0. The third enhancement will be a new 
Automated Broker Interface (ABI) query which will enable importers to 
query their usage of quota certificates.\6\ Importers are expected to 
exercise reasonable care pursuant to 19 U.S.C. 1484 when filing entries 
and tracking their usage of quota certificates and the availability of 
a new query capability in eCERT 2.0 does not relieve importers of this 
responsibility.
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    \6\ Use of this enhancement will be facilitated through a new 
CBP and Trade Automated Interface Requirements (CATAIR) message, 
Certificate Query, which may be found in the Implementation Guide on 
CBP's website at: https://www.cbp.gov/document/guides/certificate-query-catair-ecert-20.
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    In order to participate in eCERT 2.0, importers must provide the 
participating country with their Importer of Record (IOR) number in 
advance of filing an entry, and, in turn, the participating country 
will submit the IOR number as part of the eCERT transmission to CBP.\7\ 
The participating country will submit the IOR number as an additional 
data element of information within the single transmission message to 
eCERT 2.0.
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    \7\ Pursuant to 19 CFR 142.3(a)(1), importers provide the IOR 
numbers to CBP on CBP Form 3461 upon entry.
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    At this time, CBP recommends that importers share the IOR numbers 
with their exporters in advance of September 25, 2022, to allow for 
participating countries to test the updated system with actual IOR 
numbers and avoid rejection of the transmission due to missing IOR 
numbers once eCERT 2.0 is deployed.\8\ In general, importers will need 
to provide the IOR numbers only once to the participating exporter or 
country (which should be no later than 30 days in advance of filing an 
entry), but importers should ensure that the exporter has the IOR 
number on file for future transmissions.
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    \8\ As of July 7, 2022, CBP began testing eCERT 2.0 with the 
participating countries using test data. Early submission of IOR 
numbers by importers will help facilitate the testing process.
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    The transition to eCERT 2.0 will not change the tariff-rate quota 
or TPL filing process or requirements. Importers will continue to 
provide the export certificate or certificate of eligibility numbers 
from the participating countries in the same manner as when currently 
filing entry summaries with CBP. The format of the export certificate 
and certificate of eligibility numbers will remain the same for the 
corresponding eCERT transmissions.

    Dated: August 18, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-18214 Filed 8-23-22; 8:45 am]
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