In light of the gradual deployment of ACE with respect to PGAs, some in the trade are confused about filing entries with PGA disclaimers. Following is some clarification.
- Currently, there are PGA flags in the HTS tariff that are not yet live. These flags have been included in ACE in anticipation of the PGAs going live but are not being enforced at this time. Hence, for the time being, filers do not need to disclaim but when the particular agency goes live they can disclaim (if the product is not subject to the agency’s regulations.)
- CBP is not enforcing HTS code flags in ACE if the PGA is not yet live on ACE. Therefore, filers do not need to disclaim at this time. They may receive a warning but the filing should process.
With respect to EPA in particular, filers can contact the Vehicles and Engines (V&E) Hotline if they are not sure whether a product is covered by the agency’s regulations and whether a declaration must be filed.
- Vehicles and Engines (V&E):
- EPA Imports Hotline