Notice2022-18214
Transition of the Electronic Certification System (eCERT) to an Updated Version (eCERT 2.0)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document announces the transition of the Electronic Certification System (eCERT) to an updated version, eCERT 2.0, which will become the sole method for participating in the eCERT process. The updated version includes three new features that will enhance the existing system by implementing additional validations that verify the authorized use of quota certificates. The use of eCERT 2.0 will allow for the decrementing of quota certificates to prevent those certificates from being overused. Participating countries will have enhanced querying capabilities to query and track actual certificate usage. Additionally, importers will be able to query their usage of the quota certificates via the Automated Broker Interface. In order to participate in eCERT 2.0, importers must provide the participating country with the Importer of Record (IOR) number in advance of filing an entry, and, in turn, the participating country must submit the IOR number as an additional data element of information within the transmission for eCERT 2.0. The transition to eCERT 2.0 will not change the tariff-rate quota or tariff preference level filing process or requirements. Importers will continue to provide the export certificate or certificate of eligibility numbers from the participating countries in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the export certificate and certificate of eligibility numbers will remain the same for the corresponding eCERT transmissions.
Full Text
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<title>Federal Register, Volume 87 Issue 163 (Wednesday, August 24, 2022)</title>
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[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 52015-52016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18214]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Transition of the Electronic Certification System (eCERT) to an
Updated Version (eCERT 2.0)
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces the transition of the Electronic
Certification System (eCERT) to an updated version, eCERT 2.0, which
will become the sole method for participating in the eCERT process. The
updated version includes three new features that will enhance the
existing system by implementing additional validations that verify the
authorized use of quota certificates. The use of eCERT 2.0 will allow
for the decrementing of quota certificates to prevent those
certificates from being overused. Participating countries will have
enhanced querying capabilities to query and track actual certificate
usage. Additionally, importers will be able to query their usage of the
quota certificates via the Automated Broker Interface. In order to
participate in eCERT 2.0, importers must provide the participating
country with the Importer of Record (IOR) number in advance of filing
an entry, and, in turn, the participating country must submit the IOR
number as an additional data element of information within the
transmission for eCERT 2.0. The transition to eCERT 2.0 will not change
the tariff-rate quota or tariff preference level filing process or
requirements. Importers will continue to provide the export certificate
or certificate of eligibility numbers from the participating countries
in the same manner as when currently filing entry summaries with U.S.
Customs and Border Protection. The format of the export certificate and
certificate of eligibility numbers will remain the same for the
corresponding eCERT transmissions.
DATES: The transition to eCERT 2.0 will be operational as of September
25, 2022.
FOR FURTHER INFORMATION CONTACT: Julia Peterson, Chief, Quota and
Agriculture Branch, Trade Policy and Programs, Office of Trade, (202)
384-8905, or <a href="/cdn-cgi/l/email-protection#31796060647e6570715253411f5559421f565e47"><span class="__cf_email__" data-cfemail="bbf3eaeaeef4effafbd8d9cb95dfd3c895dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Electronic Certification System (eCERT) is a system developed
by U.S. Customs and Border Protection (CBP) that uses electronic data
transmissions of information normally associated with a required export
document, such as a license or certificate, to facilitate the
administration of quotas and ensure that the proper restraint levels
are charged without being exceeded. Foreign countries participating in
eCERT transmit information directly or via a global network service
provider to CBP's automated electronic system for commercial trade
processing, the Automated Commercial Environment (ACE).
Specific data elements are transmitted to CBP by the importer of
record (or an authorized customs broker) when filing an entry summary
with CBP, and those data elements must match eCERT data from the
foreign country before an importer may claim any applicable in-quota
tariff rate of duty or the preferential duty rate under a tariff
preference level (TPL). An importer may claim an in-quota tariff rate
or preferential duty rate when merchandise is entered, or withdrawn
from warehouse, for consumption, only if the information transmitted by
the importer matches the information transmitted by the foreign
government. If there is no transmission by the foreign
[[Page 52016]]
government upon entry, an importer must claim the higher over-quota
tariff rate or most-favored nation (MFN) rate of duty.\1\ An importer
may subsequently claim the in-quota tariff rate \2\ or preferential
duty rate \3\ under certain limited conditions.
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\1\ If there is no associated foreign government eCERT
transmission available upon entry of the merchandise or filing of
the entry summary, an importer may enter the merchandise for
consumption subject to the over-quota tariff rate or the MFN rate of
duty or opt not to enter the merchandise for consumption at that
time (e.g., transfer the merchandise to a Customs bonded warehouse
or foreign trade zone or export or destroy the merchandise).
\2\ If an importer enters the merchandise for consumption
subject to the over-quota tariff rate and the associated foreign
government eCERT transmission becomes available afterwards, an
importer may claim the in-quota rate of duty by filing a post
summary correction (before liquidation) or a protest under 19 CFR
part 174 (after liquidation). In either event, the in-quota rate of
duty is allowable only if there are still quota amounts available
within the original quota period.
\3\ An importer has the opportunity to make a post importation
claim for a TPL by requesting a refund of any excess customs duties
at any time within one year after the date of importation of the
goods. However, the preferential duty rate is allowable only if
there are still amounts available within the original TPL period.
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Currently, Australia, Uruguay, New Zealand, and Argentina are
approved for the use of eCERT for transmitting export certificates for
certain beef entries subject to the tariff-rate quota.\4\ Additionally,
Mexico is approved for the use of eCERT for transmitting certificates
of eligibility for certain textile and apparel goods that are eligible
for preferential treatment under a TPL.\5\
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\4\ See the published general notices for the approved use of
eCERT for Australia (75 FR 81632 (December 28, 2010)), Uruguay (86
FR 47127 (August 23, 2021)), New Zealand (87 FR 1771 (January 12,
2022)), and Argentina (87 FR 2172 (January 13, 2022)) for certain
beef imports subject to a tariff-rate quota.
\5\ See the published general notice for the approved use of
eCERT for Mexico for certain textile and apparel goods that are
eligible for preferential treatment under a TPL (FR 86 FR 54225
(September 30, 2021)).
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This document announces that the transition of eCERT to eCERT 2.0
will be operational as of September 25, 2022, and eCERT 2.0 will become
the sole method for participating in the eCERT process at that time. As
of that date, the below-mentioned enhancements will become operational
for the transmission of export certificates for certain beef entries
from Australia, Uruguay, New Zealand and Argentina, and for the
transmission of certificates of eligibility for certain textile and
apparel goods from Mexico.
The updated system will include three new features that will
enhance the existing eCERT system by implementing additional
validations that verify the authorized use of quota certificates. One
of the enhancements will allow the eCERT system to decrement the usage
of quota certificates and prevent those certificates from being
overused, and thus, provide CBP with better and more easily available
awareness of the certificate usage. Secondly, participating countries
will have enhanced querying capabilities to query and track actual
certificate usage in eCERT 2.0. The third enhancement will be a new
Automated Broker Interface (ABI) query which will enable importers to
query their usage of quota certificates.\6\ Importers are expected to
exercise reasonable care pursuant to 19 U.S.C. 1484 when filing entries
and tracking their usage of quota certificates and the availability of
a new query capability in eCERT 2.0 does not relieve importers of this
responsibility.
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\6\ Use of this enhancement will be facilitated through a new
CBP and Trade Automated Interface Requirements (CATAIR) message,
Certificate Query, which may be found in the Implementation Guide on
CBP's website at: <a href="https://www.cbp.gov/document/guides/certificate-query-catair-ecert-20">https://www.cbp.gov/document/guides/certificate-query-catair-ecert-20</a>.
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In order to participate in eCERT 2.0, importers must provide the
participating country with their Importer of Record (IOR) number in
advance of filing an entry, and, in turn, the participating country
will submit the IOR number as part of the eCERT transmission to CBP.\7\
The participating country will submit the IOR number as an additional
data element of information within the single transmission message to
eCERT 2.0.
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\7\ Pursuant to 19 CFR 142.3(a)(1), importers provide the IOR
numbers to CBP on CBP Form 3461 upon entry.
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At this time, CBP recommends that importers share the IOR numbers
with their exporters in advance of September 25, 2022, to allow for
participating countries to test the updated system with actual IOR
numbers and avoid rejection of the transmission due to missing IOR
numbers once eCERT 2.0 is deployed.\8\ In general, importers will need
to provide the IOR numbers only once to the participating exporter or
country (which should be no later than 30 days in advance of filing an
entry), but importers should ensure that the exporter has the IOR
number on file for future transmissions.
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\8\ As of July 7, 2022, CBP began testing eCERT 2.0 with the
participating countries using test data. Early submission of IOR
numbers by importers will help facilitate the testing process.
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The transition to eCERT 2.0 will not change the tariff-rate quota
or TPL filing process or requirements. Importers will continue to
provide the export certificate or certificate of eligibility numbers
from the participating countries in the same manner as when currently
filing entry summaries with CBP. The format of the export certificate
and certificate of eligibility numbers will remain the same for the
corresponding eCERT transmissions.
Dated: August 18, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-18214 Filed 8-23-22; 8:45 am]
BILLING CODE P
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