[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47154-47158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15497]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Extension and Modification of the National Customs Automation 
Program Test Concerning the Submission Through the Automated Commercial 
Environment of Certain Unique Entity Identifiers for the Global 
Business Identifier Evaluative Proof of Concept

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

ACTION: General notice.

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SUMMARY: On December 2, 2022, U.S. Customs and Border Protection (CBP) 
published a notice in the Federal Register announcing a National 
Customs Automation Program Test concerning the submission of unique 
entity identifiers for the Global Business Identifier (GBI) Evaluative 
Proof of Concept (EPoC). This document republishes and supersedes the 
notice published on December 2, 2022, extends the test period from July 
21, 2023, through February 14, 2024, provides the correct web address 
for interested parties to use to obtain the Legal Entity Identifier 
(LEI), clarifies that CBP will allow participants to transmit one or 
more of the three entity identifiers, and makes additional minor 
technical and conforming corrections.

DATES: The GBI EPoC commenced on December 19, 2022, and will continue 
through February 14, 2024, subject to any extension, modification, or 
early termination as announced in the Federal Register. CBP began to 
accept requests from importers of record and licensed customs brokers 
to participate in the test on December 2, 2022, and CBP will continue 
to accept such requests until the GBI EPoC concludes. Public comments 
on the test are invited and may be submitted to the address set forth 
below, at any time during the test period.

FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact 
Julie L. Stoeber, Branch Chief, 1USG, Interagency Collaboration 
Division, Trade Policy and Programs Directorate, Office of Trade, U.S. 
Customs and Border Protection, at (202) 945-7064 or via email at 
[email protected], with a subject line reading ``Global Business 
Identifier Test-GBI.'' For technical questions related to the Automated 
Commercial Environment (ACE) or Automated Broker Interface (ABI) 
transmissions, importers of record and licensed customs brokers should 
contact their assigned ACE or ABI client representatives, respectively. 
Interested parties without an assigned client representative should 
direct their questions to Tonya Perez, Director, Client Services 
Division, Office of Trade, U.S. Customs and Border Protection, at (571) 
421-7477 or via email at [email protected].

SUPPLEMENTARY INFORMATION: On December 2, 2022, U.S. Customs and Border 
Protection (CBP) published a General Notice (the December 2 Notice) in 
the Federal Register (87 FR 74157) announcing a National Customs 
Automation Program (NCAP) Test concerning the submission through the 
Automated Commercial Environment (ACE) of certain unique entity 
identifiers for the Global Business Identifier (GBI) Evaluative Proof 
of Concept (EPoC). This document republishes and supersedes the 
December 2 Notice, with minor technical and conforming corrections, in 
addition to the following three changes.
    First, the test period has been extended from July 21, 2023, 
through February 14, 2024. Second, this notice provides the correct web 
address for interested parties to use to obtain the Legal Entity 
Identifier (LEI). Specifically, section III.A. of the December 2 Notice 
stated that an interested party may obtain its own GBI by contacting 
Dun and Bradstreet (D&B) regarding the Data Universal Numbering System 
(D-U-N-S[supreg]); GS1 regarding the Global Location Number (GLN); and 
the Global Legal Entity Identifier Foundation (GLEIF) regarding the 
LEI. Unfortunately, the web address provided in the December 2 Notice 
for obtaining the LEI did not send participants to the GLEIF domain, 
but rather to the LEI Register, which is one of many third-party 
entities that assigns LEI numbers. The correct web address for the 
GLEIF domain is https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations. From this website, participants can choose from 
a list of certified third-party entities that provide LEIs. This allows 
participants to obtain an LEI number from the entity that best meets 
the participant's needs. Lastly, this notice clarifies that CBP will 
allow participants to provide one or more of the three identifiers for 
the manufacturers, shippers, and sellers (optionally, exporters, 
distributors, and packagers) of merchandise covered by specified types 
of entries which are limited for purposes of this test to certain 
commodities and countries of origin, and that CBP will not require 
transmission of all three identifiers to participate in the test.
    For ease of reference, the December 2 Notice is republished below, 
with the correct web address and other minor technical and conforming 
corrections.

I. Background

A. The National Customs Automation Program

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Customs Modernization Act) 
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C. 
1411). Through the NCAP, the thrust of customs modernization was 
focused on informed trade compliance and the development of the 
Automated Commercial Environment (ACE), the planned successor to the 
Automated Commercial System (ACS). ACE is an automated and electronic 
system for commercial trade processing, intended to streamline business 
processes,

[[Page 47155]]

facilitate growth in trade, ensure cargo security, and foster 
participation in global commerce, while facilitating 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. CBP's modernization efforts are accomplished through 
phased releases of ACE component functionality, which update the system 
and add new functionality.
    Sections 411 through 414 of the Tariff Act of 1930 (19 U.S.C. 1411-
1414), as amended, define and list the existing and planned components 
of the NCAP (Section 411), promulgate program goals (Section 412), 
provide for the implementation and evaluation of the program (Section 
413), and provide for Remote Location Filing (Section 414). Section 
411(a)(1)(A) lists the electronic entry of merchandise, Section 
411(a)(1)(B) lists the electronic entry summary of required 
information, and Section 411(a)(1)(D) lists the electronic transmission 
of manifest information, as existing NCAP components. Section 
411(d)(2)(A) provides for the periodic review of data elements 
collected in order to update the standard set of data elements, as 
necessary.

B. Global Business Identifier Evaluative Proof of Concept (GBI EPoC)

    ACE is the system through which the U.S. Government has implemented 
the ``Single Window,'' the primary system for processing trade-related 
import and export data required by the Partner Government Agencies 
(PGAs) that work alongside CBP in regulating specific commodities. The 
transition away from paper-based procedures has resulted in faster, 
more streamlined processes for both the U.S. Government and industry. 
To continue this progress, CBP began working with the Border 
Interagency Executive Council (BIEC) and the Commercial Customs 
Operations Advisory Committee (COAC), starting in 2017, to discuss the 
continuing viability of the data element known as the manufacturer or 
shipper identification code (MID).
    Currently, importers of record provide the MID at the time of 
filing of the entry summary. See generally 19 CFR part 142. The 13-
digit MID is derived from the name and address of the manufacturer or 
shipper, as specified on the commercial invoice, by applying a code 
constructed pursuant to instructions specified by CBP. See Customs 
Directive No. 3550-055, dated November 24, 1986 (available online at 
https://www.cbp.gov/sites/default/files/documents/3550-055_3.pdf). 
Although use of the MID has served CBP and the international trade 
community well in the past, it has become apparent that the MID is not 
always a consistent or unique number. For example, the MID is based 
upon the manufacturer or shipper name, address, and country of origin, 
and this data can change over time and/or result in the same MID for 
multiple entities. Also, while the MID provides limited identifying 
information, other global unique identifiers capture a broader swath of 
pertinent information regarding the entities with which they are 
associated (e.g., legal ownership of businesses, specific business and 
global locations, and supply chain roles and functions). Changes in 
international trade and technology for tracking the flow of commodities 
have presented an opportunity for CBP and PGAs to explore new processes 
and procedures for identifying the parties involved in the supply 
chains of imported goods.
    CBP has thus engaged in regular outreach with stakeholders, 
including, but not limited to, importers of record, licensed customs 
brokers, trade associations, and PGAs, with a goal of obtaining 
meaningful feedback on their existing systems and operations in order 
to establish a mutually beneficial global entity identifier system. As 
a result of these discussions, CBP developed the Global Business 
Identifier Evaluative Proof of Concept (GBI EPoC), which is an 
interagency trade transformation project that aims to test and develop 
a single entity identifier solution for CBP and PGAs to achieve trade 
facilitation and trade security by obtaining deeper insight into the 
legal structure of ``who is who'' across the spectrum of trade 
entities, and to understand more clearly ownership, affiliation, and 
parent-subsidiary relationships.
    For purposes of the GBI EPoC, ACE has been modified to permit test 
participants to provide the following entity identifiers (GBIs) 
associated with manufacturers, shippers, and sellers of merchandise 
covered by entries that meet the GBI EPoC criteria (commodity + country 
of origin): nine (9)-digit Data Universal Numbering System (D-U-N-
S[supreg]), thirteen (13)-digit Global Location Number (GLN), and 
twenty (20)-digit Legal Entity Identifier (LEI). These GBIs will be 
provided in addition to other required entry data (which may include 
the MID); any GBIs associated with the importer of record itself need 
not be provided as part of this test. The GBIs associated with the 
manufacturers, shippers and sellers will be provided with the CBP Form 
3461 (Entry/Immediate Delivery) data transmission via the Automated 
Broker Interface (ABI) in ACE for formal entries for consumption 
(``entry type 01'' in ACE) and informal entries (``entry type 11'' in 
ACE). CBP will then access the underlying data (GBI data) associated 
with the D-U-N-S[supreg], GLN, and LEI, as set forth in the agreements 
that CBP has entered into with Dun & Bradstreet (D&B), GS1, and the 
Global Legal Entity Identifier Foundation (GLEIF), respectively, in 
order to connect a specific entry and merchandise to a more complete 
picture of those entities' ownership, structure, and affiliations, 
among other information. D&B, GS1, and GLEIF are collectively referred 
to as the identity management companies (IMCs).
    Through the GBI EPoC, CBP aims to leverage existing entity 
identifiers--the D-U-N-S[supreg], GLN, and LEI--to develop a 
systematic, accurate, and efficient method for the trade to report, and 
the U.S. Government to uniquely identify, legal business entities, 
their different business locations and addresses, and their various 
functions and supply chain roles. CBP will consider whether these three 
GBIs, singly, or in concert, ensure that CBP and PGAs receive 
standardized trade data in a universally compatible trade language. 
Moreover, CBP will examine whether the GBIs submitted to CBP can be 
easily verified, thus reducing uncertainties that may be associated 
with the information related to shipments of imported merchandise. CBP 
will also consider whether the GBI EPoC may ultimately prove to be a 
more far-reaching, interagency initiative, one that keeps with the 
vision and actualized promise of the ``Single Window,'' by providing 
better visibility into the supply chain for CBP and PGAs, thereby 
further reducing paper processing, expediting cargo release, and 
enhancing the traceability of supply chains.

II. Authorization for the Test

    The Customs Modernization Act authorizes the Commissioner of CBP to 
conduct limited test programs or procedures designed to evaluate 
planned components of the NCAP. The GBI EPoC is authorized pursuant to 
19 CFR 101.9(b), which provides for the testing of NCAP programs or 
procedures. See T.D. 95-21, 60 FR 14211 (March 16, 1995).

III. Conditions for the Test

    The test is voluntary, and importers of record and licensed customs 
brokers who wish to participate in the test must comply with all of the 
conditions set

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forth below. The full effect of access to additional entity-related 
data based on submission of the GBIs will be a key evaluation metric of 
the test.
    Participation in the test will provide test participants with the 
opportunity to test and give feedback to CBP on the GBI EPoC design and 
scope. Participation may also enable test participants to establish and 
test their digital fingerprints, such as more accurately identifying 
certain parties involved in their supply chains. In addition, 
participation may allow the trade community to better manage and 
validate their data and streamline their import data collection 
processes. Lastly, test participation may allow for the wider 
application of entity identifiers that are currently providing broad 
sector coverage and enhanced data analysis.

A. Obtaining Global Business Identifier (GBI) Numbers

    Importers of record and licensed customs brokers who are interested 
in participating in the test must arrange to obtain any combination of 
the required D-U-N-S[supreg], GLN, and LEI entity identifiers (the 
GBIs) from the manufacturers, shippers, and sellers of merchandise that 
are intended to be covered by future entries that will meet the 
conditions of the test (commodity + country of origin). For purposes of 
providing the information required for the test, the parties are 
defined as follows for each covered entry:
     Manufacturer (or supplier)--The party that last 
manufactures, assembles, produces, or grows the goods or the party 
supplying the finished goods in the country from which the goods are 
leaving for the United States.
     Shipper--The party that enters into a contract for 
carriage with, and arranges for delivery of the goods to, a carrier or 
transport intermediary for transportation to the United States.
     Seller--The last known party by whom the goods are sold or 
agreed to be sold. If the goods are to be imported otherwise than in 
pursuance of a purchase, the owner of the goods must be provided.
    Optionally, test participants may also arrange to obtain the GBIs 
for exporters, distributors, and packagers that will be associated with 
these future entries and provide them to CBP on qualifying entries 
covered by this test.
    A party may obtain its own GBI by contacting Dun and Bradstreet 
(D&B) at https://www.dnb.com/duns-number.html, regarding the D-U-N-
S[supreg]; GS1 at https://www.gs1.org/standards/id-keys/gln, regarding 
the GLN; and the Global Legal Entity Identifier Foundation (GLEIF) at 
https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations, regarding the LEI.
    Once the manufacturers, shippers, and sellers (and, optionally, the 
exporters, distributors, and packagers) have obtained their own GBIs 
(the D-U-N-S[supreg], GLN, and LEI), these parties should provide the 
resulting GBIs to the relevant importer of record or licensed customs 
broker participating in the test. If these parties experience any 
difficulty with obtaining any of the GBIs, the importer of record or 
licensed customs broker seeking to participate in the test should reach 
out to CBP by email at [email protected]. The test participant is not 
required to obtain or submit GBIs pertaining to its own entity.
    Importers of record and licensed customs brokers are reminded that 
they are responsible for obtaining any necessary permissions with 
respect to providing to CBP the GBIs for manufacturers, shippers, and 
sellers (and, optionally, for exporters, distributors, and packagers) 
in the supply chains of the imported merchandise for which they file 
the specified types of entries subject to the conditions of the test 
(commodity + country of origin). Therefore, prior to submitting their 
request to participate in the test to CBP, as discussed below, 
importers of record and licensed customs brokers should consult with 
these parties to ensure that these parties are willing to grant any 
necessary permissions to share their GBIs (which will also result in 
CBP's access to the underlying GBI data associated with those GBIs, as 
described above) with CBP under the auspices of the test.

B. Submission of Request To Participate in the GBI EPoC

    The test is open to all importers of record and licensed customs 
brokers provided that these parties have requested permission and are 
approved by CBP to participate in the test. Importers of record and 
licensed customs brokers seeking to participate in the test should 
email the GBI Inbox ([email protected]) with the subject heading 
``Request to Participate in the GBI EPoC.'' As part of their request to 
participate, importers of record and licensed customs brokers must 
agree to provide available GBIs with entry filings for merchandise that 
is subject to the conditions of the test and state that they intend to 
participate in the test. The request must include the potential 
participant's filer code and evidence that it has obtained at least one 
of the three identifiers (D-U-N-S[supreg], GLN, and LEI), or is in the 
process of obtaining an identifier, from the manufacturers, shippers, 
and sellers (and, optionally, exporters, distributors, and packagers) 
of merchandise that is subject to the conditions of the test (commodity 
+ country of origin). Potential participants must also advise that they 
intend to import commodities that are subject to the test from the 
countries of origin that are subject to the test.
    Test participants who are importers of record and do not self-file 
must advise CBP in their request that they have authorized their 
licensed customs broker(s) to file qualifying entries under the test on 
their behalf. Test participants who are licensed customs brokers must 
advise CBP that they have been authorized to file qualifying entries on 
behalf of importers of record whose shipments meet the test criteria 
(commodity + country of origin), as set forth below.
    CBP began accepting requests to participate in the test on December 
2, 2022, and will continue to accept them until the test concludes. 
Anyone providing incomplete information, or otherwise not meeting the 
test requirements, will be notified by email, and given the opportunity 
to resubmit the request to participate in the test.

C. Approval of GBI EPoC Participants

    A party who wishes to participate in this test is eligible to do so 
as long as it is an importer of record or licensed customs broker who 
files type 01 (formal) or type 11 (informal) entries of merchandise 
that meet the conditions of the test (commodity + country of origin), 
and that party obtains the required GBIs from its supply chain 
partners. After receipt of a request to participate in the test, CBP 
will notify, by email, the importers of record and licensed customs 
brokers who are approved for participation and inform them of the 
starting date of their participation (noting that test participants may 
have different starting dates). Test participants must provide the GBIs 
they have received to CBP prior to the starting date of their 
participation (participants will also provide the GBIs to CBP again 
with each qualified entry filing meeting the requirements of the test). 
Test participants are considered to be bound by the terms and 
conditions of this notice and any subsequent modifications published in 
the Federal Register.

D. Criteria for Qualifying Entries

1. Commodities Subject to the GBI EPoC
    The test will be limited to type 01 and type 11 entries of certain 
commodities, specifically alcohol, toys, seafood, personal items, and 
medical devices.

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Accordingly, CBP has limited the test to entries of merchandise 
classifiable in specific subheadings of Chapters 3, 16, 22, 30, 33, 63, 
90, and 95 of the Harmonized Tariff Schedule of the United States 
(HTSUS), as set forth below.
    Chapter 3: 0306.16.0003; 0306.16.0006; 0306.16.0009; 0306.16.0012; 
0306.16.0015; 0306.16.0018; 0306.16.0021; 0306.16.0024; 0306.16.0027; 
0306.16.0040; 0306.17.0004; 0306.17.0005; 0306.17.0007; 0306.17.0008; 
0306.17.0010; 0306.17.0011; 0306.17.0013; 0306.17.0014; 0306.17.0016; 
0306.17.0017; 0306.17.0019; 0306.17.0020; 0306.17.0022; 0306.17.0023; 
0306.17.0025; 0306.17.0026; 0306.17.0028; 0306.17.0029; 0306.17.0041; 
0306.17.0042; 0306.35.0020; 0306.35.0040; 0306.36.0020; 0306.36.0040; 
0306.95.0020; and 0306.95.0040.
    Chapter 16: 1605.21.0500; 1605.21.1020; 1605.21.1030; 1605.21.1050; 
1605.29.0500; 1605.29.1010; and 1605.29.1040.
    Chapter 22: 2203.00.0030; 2203.00.0060; 2203.00.0090; 2204.10.0030; 
2204.10.0065; 2204.10.0075; 2204.21.5005; 2204.21.5015; 2204.21.5025; 
2204.21.5025; 2204.21.5028; 2204.21.5035; 2204.21.5040; 2204.21.5050; 
2204.21.5055; 2204.21.5060; 2204.21.8030; 2204.21.8060; 2208.30.3030; 
2208.30.3060; 2208.40.4000; and 2208.60.2000.
    Chapter 30: 3005.90.5010; 3005.90.5090.
    Chapter 33: 3304.99.5000.
    Chapter 63: 6307.90.6800.
    Chapter 90: 9018.39.0020; 9018.39.0040; 9018.39.0050; and 
9018.90.8000.
    Chapter 95: 9503.00.0011; 9503.00.0013; 9503.00.0071; 9503.00.0073; 
and 9503.00.0090.
    Test participants are encouraged to submit GBIs with all qualified 
entry filings that meet the conditions of the test so that CBP has a 
fulsome data set to evaluate; however, entries will not be rejected if 
GBIs are not submitted. Additional commodities may be added as CBP 
refines the scope of the test. CBP will announce the HTSUS subheadings 
for any additional commodities as a modification to the test in a 
subsequent Federal Register notice.
2. Countries of Origin Subject to the GBI EPoC
    CBP has limited the test to entries of imported merchandise with 
the following countries of origin, which have been identified as 
representing both countries with a high risk of non-compliance with 
U.S. import laws and those that are partner countries, while covering a 
diversity of jurisdictions: (1) Australia; (2) Canada; (3) China; (4) 
France; (5) Italy; (6) Mexico; (7) New Zealand; (8) Singapore; (9) 
United Kingdom; and (10) Vietnam. Additional countries of origin may be 
added as CBP refines the scope of the test. CBP will announce any 
additional countries of origin as a modification to the test in a 
subsequent Federal Register notice.

E. Filing Entries With GBIs (via ABI in ACE)

    Test participants must coordinate with their software vendors or 
technical teams to ensure that their electronic systems are capable of 
transmitting the D-U-N-S[supreg], GLN, and LEI entity identifiers to 
CBP. During this test, CBP will only accept electronic submissions of 
GBIs via ABI in ACE with CBP Form 3461 (Entry/Immediate Delivery) 
filings for type 01 and type 11 entries. Upon selection to participate 
in the test, the test participants will be provided with technical 
information and guidance regarding the transmission of the GBIs to CBP 
with the CBP Form 3461 filings. The assigned ABI client representatives 
of the test participants will provide additional technical support, as 
needed.

F. CBP Access to Underlying GBI Data Associated With GBIs

    As part of the test, CBP has entered into agreements with D&B, GS1, 
and GLEIF (the IMCs) for limited access to the underlying data (``GBI 
data'') that is associated with the GBIs for the duration of the test 
and for testing of CBP's automated systems.\1\ The data elements for 
which CBP has entered into agreements with D&B, GS1, and GLEIF may 
include, but are not limited to: (1) entity identifier numbers, (2) 
official business titles; (3) names; (4) addresses; (5) financial data; 
(6) trade names; (7) payment history; (8) economic status; and (9) 
executive names. The data elements will be examined as part of the 
test.
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    \1\ As noted above, D&B, GS1, and GLEIF are IMCs. The GBI data 
consists of data provided by the relevant entity to the IMCs in 
order to generate a GBI--the D-U-N-S[supreg], GLN, or LEI. GBIs 
allow CBP to link the underlying GBI data to specific entities and 
entries.
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    Consistent with the agreements, CBP may access GBI data, combine it 
with CBP data, and evaluate the GBIs that the test participants provide 
with an entry filing. The GBI data will assist CBP and PGAs in 
determining the optimal combination of the three entity identifiers 
(the GBIs) that will provide the U.S. Government with sufficient entity 
data needed to support identification, monitoring, and enforcement 
procedures to better equip the U.S. Government to focus on high-risk 
shipments and bad actors.
    CBP will process entries submitted pursuant to the test by 
analyzing the GBIs submitted via ABI in ACE and ensuring that the GBIs 
are submitted correctly. CBP will then evaluate the submitted entries 
to assess the ease and cost of obtaining each of the GBIs, evaluating 
each GBI to ensure that it is being submitted properly per the 
technical requirements that will be set forth in CBP and Trade 
Automated Interface Requirements (CATAIR), and ensuring that CBP is 
able to validate that each GBI is accurate using the underlying GBI 
data from the IMCs or otherwise known to CBP.

G. Partner Government Agencies (PGAs)

    Partner Government Agencies (PGAs) are important to the success of 
the test. Certain PGAs, which may receive GBIs and GBI data and are 
intended as core test beneficiaries, may use the GBIs and GBI data to 
improve risk management and import compliance. This may result in 
smarter, more efficient, and more effective compliance efforts. CBP 
will announce the PGAs who will receive GBIs and GBI data pursuant to 
the test in a notice to be published in the Federal Register at a later 
date.

H. Duration of Test

    The test began on December 19, 2022, and will run through February 
14, 2024, subject to any extensions, modifications or early termination 
as announced by way of a notice to be published in the Federal 
Register.

I. Misconduct Under the Test

    Misconduct under the test may include, but is not limited to, 
submitting false GBIs with an entry filing. Currently, CBP does not 
plan to assess penalties against GBI EPoC participants that fail to 
timely and accurately submit GBIs during the test. CBP also does not 
anticipate shipment delays due to the failure to file or the erroneous 
filing of GBIs. However, test participants are expected to follow all 
other applicable regulations and requirements associated with the entry 
process.
    After an initial six-month period (or at such earlier time as CBP 
deems appropriate), a test participant may be subject to discontinuance 
from participation in this test for any of the following repeated 
actions:
     Failure to follow the terms and conditions of this test;

[[Page 47158]]

     Failure to exercise due diligence in the execution of 
participant obligations;
     Failure to abide by applicable laws and regulations that 
have not been waived; or
     Failure to deposit duties or fees in a timely manner.
    If the Director, Interagency Collaboration Division (ICD), Trade 
Policy and Programs (TPP), Office of Trade (OT), finds that there is a 
basis to discontinue a participant's participation in the test, then 
CBP will provide written notice, via email, proposing the 
discontinuance with a description of the facts or conduct supporting 
the proposal. The test participant will be offered the opportunity to 
respond to the Director's proposal in writing within 10 business days 
of the date of the written notice. The response must be submitted to 
the ICD Director, TPP, OT, by emailing [email protected], with a subject 
line reading ``Appeal--GBI Discontinuance.''
    The Director, ICD, will issue a final decision in writing on the 
proposed action within 30 business days after receiving a timely filed 
response from the test participant, unless such time is extended for 
good cause. If no timely response is received, the proposed notice 
becomes the final decision of CBP as of the date that the response 
period expires. A proposed discontinuance of a test participant's 
privileges will not take effect unless the response process under this 
paragraph has been concluded with a written decision that is adverse to 
the test participant, which will be provided via email.

J. Confidentiality

    Data submitted and entered into the Automated Commercial 
Environment (ACE) may include confidential commercial or financial 
information which may be protected under the Trade Secrets Act (18 
U.S.C. 1905), the Freedom of Information Act (5 U.S.C. 552), and the 
Privacy Act (5 U.S.C. 552a). However, as stated in previous notices, 
participation in this or any of the previous ACE tests is not 
confidential and, therefore, upon receipt of a written Freedom of 
Information Act request, the name(s) of an approved participant(s) will 
be disclosed by CBP in accordance with 5 U.S.C. 552.

IV. Comments on the Test

    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. Comments should be 
submitted via email to [email protected], with the subject line reading 
``Comments/Questions on GBI EPoC.''

V. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. An agency may not 
conduct, and a person is not required to respond to, a collection of 
information unless the collection of information displays a valid 
control number assigned by the Office of Management and Budget (OMB).
    The new GBI collection of information gathered under this test has 
been approved by OMB in accordance with the requirements of the PRA and 
assigned OMB control number 1651-0141. In addition, the Entry/Immediate 
Delivery Application and ACE Cargo Release (CBP Form 3461 and 3461 ALT) 
has been updated to accommodate the GBI test, and approved by OMB under 
OMB control number 1651-0024.

VI. Evaluation Criteria

    The test is intended to evaluate the feasibility of replacing the 
current manufacturer or shipper identification code (MID) with unique 
entity identifiers (GBIs) to more accurately identify legal business 
entities, their different business locations and addresses, as well as 
their various functions and supply chain roles, based upon information 
derived from the unique D-U-N-S[supreg], GLN, and LEI entity 
identifiers. The test will assist CBP in enforcing applicable laws and 
protecting the revenue, while fulfilling trade modernization efforts by 
assisting the agency in verifying the roles, functions and 
responsibilities that various entities play in a given participant's 
importation of merchandise. CBP's evaluation of the test, including the 
review of any comments submitted to CBP during the duration of the 
test, will be ongoing with a view to possible extension or expansion of 
the test.
    CBP will evaluate whether the test: (1) improves foreign entity 
data for trade facilitation, risk management, and statistical 
integrity; (2) ensures U.S. Government access to foreign entity data; 
(3) institutionalizes a global, managed identification system; (4) 
implements a cost-effective solution; (5) obtains stakeholder buy-in; 
and (6) facilitates legal compliance across the U.S. Government. At the 
conclusion of the test, an evaluation will be conducted to assess the 
efficacy of the information received throughout the course of the test. 
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)).
    Should the GBI EPoC be successful and ultimately be codified under 
the CBP regulations, CBP anticipates that this data would greatly 
enhance ongoing trade entity identification and resolution, reduce 
risk, and improve compliance operations. CBP would also anticipate 
greater supply chain visibility and verified, validated information on 
legal entities, which will support better decision-making during 
customs clearance processes.

    Dated: July 18, 2023.
John P. Leonard,
Acting Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2023-15497 Filed 7-20-23; 8:45 am]
BILLING CODE 9111-14-P