On July 18th, 2017 CBP posted the recently updated ‘Entry Types by PGA’ document. This document advises the trade which CBP entry type codes will require Partner Government Agency data, and when; either at cargo release, summary or other.
The majority of PGA’s require that their PGA Message Set be sent at the time of Entry (Cargo Release).
However, with the implementation of ACE, and based on feedback from the Trade, some flexibility has been provided for Foreign Trade Zone (FTZ) entries. For instance, with FTZ for Vehicles & Equipment regulated by the EPA, filers have the option of filing the EPA message set at the time of filing the type 06 Entry (Cargo Release) or, if utilizing the weekly entry process, they can send it at the time of transmitting the Entry Summary.
From CSMS #17-000253:
On May 18, 2017, the Harmonized Tariff Schedule (HTS) flagging for all Environmental Protection Agency programs for all filers will be enforced. Once the flags are enforced, the filer will either need to file the required information electronically using the PGA message set or disclaim using the appropriate code.
Reminder from EPA: The importer is responsible for knowing what to file, regardless of whether a tariff code has been flagged.
For questions regarding which imports require which EPA filing requirements, contact the following:
- V&E Hotline: email@example.com
- TSCA Hotline: firstname.lastname@example.org
- Pesticides Regional Import Coordinators: See CBP guidance
US Customs has posted an updated version of the PGA Filing Status document.
The updated version includes the status of import and export PGA pilots, the accepted electronic filing methods, and indicates those PGAs that are no longer accepting paper filings. For reference, this document also contains the relevant PGA announcements in the Federal Register, as well as agency contacts for filing questions.
From CSMS #17-000074:
In an ongoing effort to keep the EPA HTS Code flagging adequate for filers, some changes to the EPA flags were made on 2/9/2017 in ACE by CBP (see CSMS #17-000072). Please keep in mind, the importer is responsible for knowing what to file, regardless of whether a tariff code has been flagged.
• 10 HTS codes had flags removed for EPA
• 61 HTS codes had flags for EPA changed from “Required” to “May Be Required” to allow for disclaims
Paper filings and disclaims: Submission of paper documents is allowed for filers not using the complete PGA Message Set. However, for a filer proceeding without the PGA Message Set, if filing via DIS or Paper, the EPA expects a disclaim reason code of C (DIS) or D (Paper).
Questions on what to file: For questions regarding which imports require which EPA filing requirements, please contact the following:
US Customs, in conjunction with EPA, is proposing to amend the regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing chemicals into the United States as follows:
- Revise/clarify the definitions of “chemical substance”, “chemical substance in bulk form” and ‘‘chemical substances, mixtures, or articles’’
- Provide an electronic option for filing TSCA certifications in ACE
- Eliminate the existing paper-based blanket certification process.
- Allow importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice process allowed under the existing regulations
The public comment period closes on September 28, 2016
From today’s Federal Register:
In an effort to provide consistency in the administration of CBP’s vehicle and engine imports program so that importers of both road vehicles and engines, as well as stationary and nonroad engines (including engines incorporated into vehicles or equipment), are subject to the same filing and recordkeeping requirements, CBP is proposing to conform the entry filing requirements applicable to the EPA Declaration Form 3520-21 to those that currently exist for EPA Declaration Form 3520-1
CBP proposes to amend existing regulations to permit the electronic filing of EPA Declaration Forms 3520-1 and 3520-21 to CBP in the ACE or to any other CBP-authorized electronic data interchange system. (The EPA declaration forms may also still be filed with CBP in paper with a paper entry filing at the time of entry.)
The electronic transmission to CBP of EPA declaration forms will
- automate and enhance the interaction between the EPA and CBP by facilitating electronic collection, processing, sharing, and review of requisite trade data and documents during the cargo import and export process.
- provide for a quicker and more efficient clearance process and enhance CBP’s ability to conduct targeting and enforcement of importation requirements.
- permit CBP to analyze and flag problems immediately, whereas paper filings result in an ad-hoc process that requires a physical inspection by a CBP or EPA inspector.
Comments on the proposed rule must be received on or before September 16, 2016.
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