Automated Commercial Environment (ACE)

CBP issued the following releases on commercial trade and related matters:​

CBP issued the following releases on commercial trade and related matters:​

The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely Sept. 14, CBP said in a notice. Comments are due in writing by Sept. 9.

The Treasury Department published its fall 2022 regulatory agenda for CBP. The only new mention of any regulations is a return to the agenda for a final rule that would "create a procedure for the disclosure of information otherwise protected by the Trade Secrets Act to a trademark owner when merchandise bearing suspected counterfeit trademarks has been voluntarily abandoned." CBP issued the underlying proposal in 2019 (see 1908260040), and the final rule had been on Treasury's regulatory agenda for 2020 and spring of 2021 before moving to the long-term actions category in the most recent agenda.

The reinstated Section 301 tariff exclusions for subheading 8536.50.9065 won't be available in ACE until April 17, CBP said in a CSMS message. Those exclusions in "classification 9903.88.67 will be available in the Automated Commercial Environment (ACE) on April 17," it said. The agency message is an update to a previous message that said reinstated exclusions would be available in ACE April 12 (see 2204050068).

The reinstated Section 301 tariff exclusions won't be available in ACE until April 12, CBP said in a CSMS message. Exclusions in "classification 9903.88.67 will be available in the Automated Commercial Environment (ACE) as of 7 a.m. eastern standard time, April 12, 2022," it said. The agency message is an update to a previous message that said the reinstated exclusions would be available in ACE April 7 (see 2204010079).

Section 301 product exclusions have been reinstated. “The functionality for the acceptance of the reinstated product exclusions will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, April 7, 2022,” CBP said in guidance released March 31. “To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe,” the agency said. “If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe.”

CBP will make three changes to its "debt management processes to increase transparency and access to information for debtors and sureties," it said in a March 16 notice. "One of the enhancements will support importers of record, licensed customs brokers, and other Automated Commercial Environment (ACE) account users who owe debts to CBP by enabling the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE," it said. "The other two enhancements will facilitate compliance for sureties by providing electronic access to the monthly report listing open delinquent bills by importer name (i.e., the Formal Demand on Surety for Payment of Delinquent Amounts Due, also informally referred to as the 612 Report) in ACE (in lieu of CBP emailing this information to sureties) and improving the content and design of the mailed 612 Report."

The Treasury Department published its fall 2021 regulatory agenda for CBP. The agenda includes a new mention of an interim final rule to implement some major provisions of the USMCA. The agency seems to have missed the listed target date of November 2021 for the interim final rule.

The Seafood Import Monitoring Program Expansion that was going to be in the bipartisan infrastructure bill did not become law, but H.R. 3075 passed out of the House Natural Resources Committee in October, and the National Customs Brokers & Forwarders Association of America is warning the majority leader that he should not schedule a vote in the chamber for the bill.