ABI Notice regarding the Classification of Sets

On Oct. 6, 2011, U.S. Customs and Border Protection issued a notice through the Automated Broker Interface regarding sets classified in accordance with GRI 3(b) or 3(c). Specifically, CBP reminded ABI users to report in column 30 the HTSUS number of the part of the set that provides the duty rate for the set when the set is classified pursuant to GRI 3(b) or 3(c). Users should precede this HTSUS number with a SPI of “X.”

However, the set classification does not stop there. Each article included in the set needs to be classified separately and reported on a separate line, as though it was not part of a set. Those articles of the set that do not provide the duty rate for the set as a whole should be preceded with a SPI of “V.” Brokers will also need to report the quantity and value attributed to each article with the “V” SPI.

Here is where you can find this message on the Cargo Systems Messaging Service on CBP’s website: http://apps.cbp.gov/csms/viewmssg.asp?Recid=18488&page=1&srch_argv=&srchtype=&btype=abi&sortby=&sby=

CBP Ends Paper Courtesy Liquidation Notices

In an attempt to streamline the notification process and reduce mailing costs, U.S. Customs and Border Protection (CBP) has decided to eliminate mailing paper copies of courtesy notices of liquidation. Although not statutorily necessary, CBP had established the practice of issuing courtesy copies of liquidation notices to importers of record whose entry summaries are filed in the Automated Broker Interface (ABI). Such courtesy liquidation notices provide informal and advance notice of an entry’s liquidation date.

CBP will cease mailing paper copies, but will continue to issue electronic courtesy notices to all ABI filers, which include importers of record who file their own entries and customs brokers who file as the agent of the importer of record. Importers of record who do not file entries through ABI will continue to receive the paper liquidation notices. CBP has also indicated that importers of record with an Automated Commercial Environment (ACE) Secure Data Portal Account can monitor the liquidation of their entries by using the reporting tool in the ACE Portal.

CBP estimated that upon implementation of the new policy, the agency will avoid duplication of the courtesy notices and save approximately $3,000,000 in postage annually. Although CBP received several comments praising CBP’s effort to save money, other commentators were concerned that importers of record would become completely reliant on their brokers to provide the liquidation date information that affect myriad of deadlines and customs compliance issues.

In response, CBP indicated that brokers are obligated to provide the liquidation dates. In addition, CBP responded that the agency is currently reprogramming ACE to permit all importers of record to monitor liquidation of entries filed under their importer of record numbers through the ACE Portal. CBP explained that even for those importers who do not have ACE Portal Account, an importer may gain limited access to a broker’s ACE Portal Account to obtain reports for entries filed by the broker using the importer of record number belonging to that importer. CBP is also considering posting an electronic courtesy bulletin notice of liquidation.

In light of this change, importers should consider revising their import policies to ensure that their customs brokers(1) provide the liquidation notices to importers upon receiving the electronic courtesy copy and (2) permit the importer limited access to their ACE Portal Account so that the importer can obtain reports for its entries.

The final rule is effective September 30, 2011. See 76 Fed. Reg. 50883 (Aug. 17, 2011), http://www.gpo.gov/fdsys/pkg/FR-2011-08-17/pdf/2011-20957.pdf, CBP will implement the rule the first day on or after September 30, 2011 that CBP can provide importers with complete liquidation reports, including liquidation dates, through the ACE Portal. CBP will announce the exact date of implementation after it determines when the ACE reports will be ready.

Update: Cargo Systems Messaging Service (CSMS)

In January, CBP announced the pending implementation of the new Cargo Systems Messaging Service (CSMS), Administrative Message notifications by email that were formerly issued through the Automated Broker Interface (ABI).

Now fully operational, CSMS is a searchable database of messages that pertain to ABI Filers, ACE Participants and Air, Ocean, Rail and Truck Carriers. Similar to the CROSS Rulings Database, users can search by topic and keywords. The results can be sorted by publication date, title and CSMS number. Click HERE to see the results of a sample search.

Interested parties can subscribe to receive email notifications that new messages have been posted to CSMS. You can find the CSMS by accessing Imports, then selecting Operations Support and then Automated Systems. It will save you time to bookmark the actual search page. As an added benefit, Spanish translations have been provided CBP as a courtesy to non-English speaking trade community; however, the official CBP text is the English version of the messages and/or documents.

CBP’s New System for Administrative Messages

In Message 08-0003 on January 16, 2008, Customs and Border Protection introduced the new Administrative Messaging Service (CSMS). The CSMS is the new system for distributing Administrative Messages that replaces the current distribution of messages through the Automated Broker Interface (ABI). CBP uses Administrative Messages to communicate general information including:

· Currency exchange rates.
· Changes to the HTS.
· Antidumping and countervailing duty cases.
· New or changed entry procedures.
· Port power outages and closings.
· Other government agency notices.

CBP has moved all significant Administrative Messages previously issued by ABI into the new database. For consistency, two additional zeros have been added following the hyphen for all of the converted messages. The new format for Administrative Message numbers is YY-NNNNNN. YY represents the last two digits of the calendar year and NNNNNN is a sequentially assignment number.

Effective February 11, 2008, CBP will only issue Administrative Messages using the CSMS. The trade community has two new options to obtain Administrative Messages from CBP. CSMS messages can be retrieved via a database linked to www.CBP.gov based on combination of keywords and filtering. Individuals can also elect to receive administrative messages via email by registering for a free subscription.