CBP Announces New Electronic Certification System (eCERT) for TRQs, TPLs Requiring an Export License/Certificate
U.S. Customs and Border Protection (CBP) has posted to its Web site information on its new Electronic Certification System (eCERT) that will use electronic data transmissions of information normally associated with a required export document, such as a license or certificate, to facilitate the administration of quotas (e.g., tariff preference levels (TPLs) and tariff rate quotas (TRQs)).
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CBP states that foreign countries participating in eCERT will transmit information via a global network service provider (NSP), which allows connectivity to the Automated Commercial System (ACS). When making entry, specific data elements transmitted to CBP by the importer/broker must match eCERT data from the foreign country before any applicable quota is reported.
According to CBP, the benefits of eCERT include security, reduced certificate/license fraud, improved compliance, improved monitoring, and "time less" processing (i.e., participants can transmit electronic requests to register a certificate/license at any time).
Any Foreign Country Requiring a Certificate for Imports into the U.S. is Eligible
CBP states that any foreign country requiring a certificate (i.e., an export license/certificate, certificate of eligibility, etc.) for importation into the U.S. of specific commodities as a requirement to qualify for in-quota or tariff preference rates of duty is eligible to participate in eCERT.
CBP further states that initial design and developmental costs depend on the availability of technical expertise in the participating country, and data transmission costs depend on the volume of transactions, software, choice of network, and terms of contract with the authorized service provider.
Foreign Countries Can Become eCERT Participants Following a Test Period
According to CBP, a foreign country interested in participating in the eCERT program should contact an in-country communications provider, who will be aware of the services available through the global NSP servicing that country. That NSP will then be able to contact the Technical Support group at CBP. (See eCERT Web site for list of companies approved to provide data transmission services to CBP.)
That foreign government must then mail a written request containing certain required information to CBP. Once the request is received and reviewed, CBP states that it will notify the requesting party whether testing may commence.
CBP states that it will make every effort to complete testing as quickly as possible by providing as much technical assistance as necessary.
CBP to Announce Date that a Country Will Begin Participation in eCERT
After successful completion of application testing, CBP states that it will publish a general notice in the Federal Register notifying the public that testing has been completed and that the foreign government will commence transmitting electronic certificates on a specified effective date.
During the first 30 days in production, CBP states that it will monitor the foreign government's compliance with the data reporting requirements and its responsiveness to error messages, and that the foreign country may request a meeting at any time to address operational policies and procedures.
Mandatory Data Elements for eCERT Transmission
CBP states that participating eCERT countries will be required to transmit eCERT information in compliance with UN/EDIFACT syntax requirements. The mandatory data elements that will have to be transmitted are as follows: unique certificate number and date of issuance, HTS number, quantity, and unit of measure. Transmission of the manufacturer identification (MID), name, and/or address is optional.
Technical Guidelines Include Specific Message Implementation Guidelines
Specific Message Implementation Guidelines (MIG) for eCERT are provided by CBP (in order of use) to identify the electronic messages required to register a visa or to request an activity report. CBP notes that messages comply with UN/EDIFACT version D99A. (See eCERT Web site for links to these technical guidelines.)
CBP contact - Quota Enforcement and Administration Division (202) 344-2650
eCERT Web site available at http://www.cbp.gov/xp/cgov/import/textiles_and_quotas/ecert/
BP Note
Sources state that currently no foreign countries have applied to participate in eCERT, but several countries have expressed interest. Sources also state that eCERT is expected to be available for use as early as January 1, 2005.