Notice2023-15497
Extension and Modification of the National Customs Automation Program Test Concerning the Submission Through the Automated Commercial Environment of Certain Unique Entity Identifiers for the Global Business Identifier Evaluative Proof of Concept
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
July 21, 2023
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
On December 2, 2022, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing a National Customs Automation Program Test concerning the submission of unique entity identifiers for the Global Business Identifier (GBI) Evaluative Proof of Concept (EPoC). This document republishes and supersedes the notice published on December 2, 2022, extends the test period from July 21, 2023, through February 14, 2024, provides the correct web address for interested parties to use to obtain the Legal Entity Identifier (LEI), clarifies that CBP will allow participants to transmit one or more of the three entity identifiers, and makes additional minor technical and conforming corrections.
Full Text
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47154-47158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15497]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Extension and Modification of the National Customs Automation
Program Test Concerning the Submission Through the Automated Commercial
Environment of Certain Unique Entity Identifiers for the Global
Business Identifier Evaluative Proof of Concept
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: On December 2, 2022, U.S. Customs and Border Protection (CBP)
published a notice in the Federal Register announcing a National
Customs Automation Program Test concerning the submission of unique
entity identifiers for the Global Business Identifier (GBI) Evaluative
Proof of Concept (EPoC). This document republishes and supersedes the
notice published on December 2, 2022, extends the test period from July
21, 2023, through February 14, 2024, provides the correct web address
for interested parties to use to obtain the Legal Entity Identifier
(LEI), clarifies that CBP will allow participants to transmit one or
more of the three entity identifiers, and makes additional minor
technical and conforming corrections.
DATES: The GBI EPoC commenced on December 19, 2022, and will continue
through February 14, 2024, subject to any extension, modification, or
early termination as announced in the Federal Register. CBP began to
accept requests from importers of record and licensed customs brokers
to participate in the test on December 2, 2022, and CBP will continue
to accept such requests until the GBI EPoC concludes. Public comments
on the test are invited and may be submitted to the address set forth
below, at any time during the test period.
FOR FURTHER INFORMATION CONTACT: For policy-related questions, contact
Julie L. Stoeber, Branch Chief, 1USG, Interagency Collaboration
Division, Trade Policy and Programs Directorate, Office of Trade, U.S.
Customs and Border Protection, at (202) 945-7064 or via email at
<a href="/cdn-cgi/l/email-protection#ebaca9a2ab88899bc58f8398c58c849d"><span class="__cf_email__" data-cfemail="0245404b426160722c666a712c656d74">[email protected]</span></a>, with a subject line reading ``Global Business
Identifier Test-GBI.'' For technical questions related to the Automated
Commercial Environment (ACE) or Automated Broker Interface (ABI)
transmissions, importers of record and licensed customs brokers should
contact their assigned ACE or ABI client representatives, respectively.
Interested parties without an assigned client representative should
direct their questions to Tonya Perez, Director, Client Services
Division, Office of Trade, U.S. Customs and Border Protection, at (571)
421-7477 or via email at <a href="/cdn-cgi/l/email-protection#187b74717d766c6a7d68776d6c6a7d797b70587b7a68367c706b367f776e"><span class="__cf_email__" data-cfemail="0d6e61646863797f687d6278797f686c6e654d6e6f7d2369657e236a627b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 2, 2022, U.S. Customs and Border
Protection (CBP) published a General Notice (the December 2 Notice) in
the Federal Register (87 FR 74157) announcing a National Customs
Automation Program (NCAP) Test concerning the submission through the
Automated Commercial Environment (ACE) of certain unique entity
identifiers for the Global Business Identifier (GBI) Evaluative Proof
of Concept (EPoC). This document republishes and supersedes the
December 2 Notice, with minor technical and conforming corrections, in
addition to the following three changes.
First, the test period has been extended from July 21, 2023,
through February 14, 2024. Second, this notice provides the correct web
address for interested parties to use to obtain the Legal Entity
Identifier (LEI). Specifically, section III.A. of the December 2 Notice
stated that an interested party may obtain its own GBI by contacting
Dun and Bradstreet (D&B) regarding the Data Universal Numbering System
(D-U-N-S[supreg]); GS1 regarding the Global Location Number (GLN); and
the Global Legal Entity Identifier Foundation (GLEIF) regarding the
LEI. Unfortunately, the web address provided in the December 2 Notice
for obtaining the LEI did not send participants to the GLEIF domain,
but rather to the LEI Register, which is one of many third-party
entities that assigns LEI numbers. The correct web address for the
GLEIF domain is <a href="https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations">https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations</a>. From this website, participants can choose from
a list of certified third-party entities that provide LEIs. This allows
participants to obtain an LEI number from the entity that best meets
the participant's needs. Lastly, this notice clarifies that CBP will
allow participants to provide one or more of the three identifiers for
the manufacturers, shippers, and sellers (optionally, exporters,
distributors, and packagers) of merchandise covered by specified types
of entries which are limited for purposes of this test to certain
commodities and countries of origin, and that CBP will not require
transmission of all three identifiers to participate in the test.
For ease of reference, the December 2 Notice is republished below,
with the correct web address and other minor technical and conforming
corrections.
I. Background
A. The National Customs Automation Program
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization, in the North American
Free Trade Agreement Implementation Act (Customs Modernization Act)
(Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19 U.S.C.
1411). Through the NCAP, the thrust of customs modernization was
focused on informed trade compliance and the development of the
Automated Commercial Environment (ACE), the planned successor to the
Automated Commercial System (ACS). ACE is an automated and electronic
system for commercial trade processing, intended to streamline business
processes,
[[Page 47155]]
facilitate growth in trade, ensure cargo security, and foster
participation in global commerce, while facilitating compliance with
U.S. laws and regulations and reducing costs for U.S. Customs and
Border Protection (CBP) and all of its communities of interest. The
ability to meet these objectives depends on successfully modernizing
CBP's business functions and the information technology that supports
those functions. CBP's modernization efforts are accomplished through
phased releases of ACE component functionality, which update the system
and add new functionality.
Sections 411 through 414 of the Tariff Act of 1930 (19 U.S.C. 1411-
1414), as amended, define and list the existing and planned components
of the NCAP (Section 411), promulgate program goals (Section 412),
provide for the implementation and evaluation of the program (Section
413), and provide for Remote Location Filing (Section 414). Section
411(a)(1)(A) lists the electronic entry of merchandise, Section
411(a)(1)(B) lists the electronic entry summary of required
information, and Section 411(a)(1)(D) lists the electronic transmission
of manifest information, as existing NCAP components. Section
411(d)(2)(A) provides for the periodic review of data elements
collected in order to update the standard set of data elements, as
necessary.
B. Global Business Identifier Evaluative Proof of Concept (GBI EPoC)
ACE is the system through which the U.S. Government has implemented
the ``Single Window,'' the primary system for processing trade-related
import and export data required by the Partner Government Agencies
(PGAs) that work alongside CBP in regulating specific commodities. The
transition away from paper-based procedures has resulted in faster,
more streamlined processes for both the U.S. Government and industry.
To continue this progress, CBP began working with the Border
Interagency Executive Council (BIEC) and the Commercial Customs
Operations Advisory Committee (COAC), starting in 2017, to discuss the
continuing viability of the data element known as the manufacturer or
shipper identification code (MID).
Currently, importers of record provide the MID at the time of
filing of the entry summary. See generally 19 CFR part 142. The 13-
digit MID is derived from the name and address of the manufacturer or
shipper, as specified on the commercial invoice, by applying a code
constructed pursuant to instructions specified by CBP. See Customs
Directive No. 3550-055, dated November 24, 1986 (available online at
<a href="https://www.cbp.gov/sites/default/files/documents/3550-055_3.pdf">https://www.cbp.gov/sites/default/files/documents/3550-055_3.pdf</a>).
Although use of the MID has served CBP and the international trade
community well in the past, it has become apparent that the MID is not
always a consistent or unique number. For example, the MID is based
upon the manufacturer or shipper name, address, and country of origin,
and this data can change over time and/or result in the same MID for
multiple entities. Also, while the MID provides limited identifying
information, other global unique identifiers capture a broader swath of
pertinent information regarding the entities with which they are
associated (e.g., legal ownership of businesses, specific business and
global locations, and supply chain roles and functions). Changes in
international trade and technology for tracking the flow of commodities
have presented an opportunity for CBP and PGAs to explore new processes
and procedures for identifying the parties involved in the supply
chains of imported goods.
CBP has thus engaged in regular outreach with stakeholders,
including, but not limited to, importers of record, licensed customs
brokers, trade associations, and PGAs, with a goal of obtaining
meaningful feedback on their existing systems and operations in order
to establish a mutually beneficial global entity identifier system. As
a result of these discussions, CBP developed the Global Business
Identifier Evaluative Proof of Concept (GBI EPoC), which is an
interagency trade transformation project that aims to test and develop
a single entity identifier solution for CBP and PGAs to achieve trade
facilitation and trade security by obtaining deeper insight into the
legal structure of ``who is who'' across the spectrum of trade
entities, and to understand more clearly ownership, affiliation, and
parent-subsidiary relationships.
For purposes of the GBI EPoC, ACE has been modified to permit test
participants to provide the following entity identifiers (GBIs)
associated with manufacturers, shippers, and sellers of merchandise
covered by entries that meet the GBI EPoC criteria (commodity + country
of origin): nine (9)-digit Data Universal Numbering System (D-U-N-
S[supreg]), thirteen (13)-digit Global Location Number (GLN), and
twenty (20)-digit Legal Entity Identifier (LEI). These GBIs will be
provided in addition to other required entry data (which may include
the MID); any GBIs associated with the importer of record itself need
not be provided as part of this test. The GBIs associated with the
manufacturers, shippers and sellers will be provided with the CBP Form
3461 (Entry/Immediate Delivery) data transmission via the Automated
Broker Interface (ABI) in ACE for formal entries for consumption
(``entry type 01'' in ACE) and informal entries (``entry type 11'' in
ACE). CBP will then access the underlying data (GBI data) associated
with the D-U-N-S[supreg], GLN, and LEI, as set forth in the agreements
that CBP has entered into with Dun & Bradstreet (D&B), GS1, and the
Global Legal Entity Identifier Foundation (GLEIF), respectively, in
order to connect a specific entry and merchandise to a more complete
picture of those entities' ownership, structure, and affiliations,
among other information. D&B, GS1, and GLEIF are collectively referred
to as the identity management companies (IMCs).
Through the GBI EPoC, CBP aims to leverage existing entity
identifiers--the D-U-N-S[supreg], GLN, and LEI--to develop a
systematic, accurate, and efficient method for the trade to report, and
the U.S. Government to uniquely identify, legal business entities,
their different business locations and addresses, and their various
functions and supply chain roles. CBP will consider whether these three
GBIs, singly, or in concert, ensure that CBP and PGAs receive
standardized trade data in a universally compatible trade language.
Moreover, CBP will examine whether the GBIs submitted to CBP can be
easily verified, thus reducing uncertainties that may be associated
with the information related to shipments of imported merchandise. CBP
will also consider whether the GBI EPoC may ultimately prove to be a
more far-reaching, interagency initiative, one that keeps with the
vision and actualized promise of the ``Single Window,'' by providing
better visibility into the supply chain for CBP and PGAs, thereby
further reducing paper processing, expediting cargo release, and
enhancing the traceability of supply chains.
II. Authorization for the Test
The Customs Modernization Act authorizes the Commissioner of CBP to
conduct limited test programs or procedures designed to evaluate
planned components of the NCAP. The GBI EPoC is authorized pursuant to
19 CFR 101.9(b), which provides for the testing of NCAP programs or
procedures. See T.D. 95-21, 60 FR 14211 (March 16, 1995).
III. Conditions for the Test
The test is voluntary, and importers of record and licensed customs
brokers who wish to participate in the test must comply with all of the
conditions set
[[Page 47156]]
forth below. The full effect of access to additional entity-related
data based on submission of the GBIs will be a key evaluation metric of
the test.
Participation in the test will provide test participants with the
opportunity to test and give feedback to CBP on the GBI EPoC design and
scope. Participation may also enable test participants to establish and
test their digital fingerprints, such as more accurately identifying
certain parties involved in their supply chains. In addition,
participation may allow the trade community to better manage and
validate their data and streamline their import data collection
processes. Lastly, test participation may allow for the wider
application of entity identifiers that are currently providing broad
sector coverage and enhanced data analysis.
A. Obtaining Global Business Identifier (GBI) Numbers
Importers of record and licensed customs brokers who are interested
in participating in the test must arrange to obtain any combination of
the required D-U-N-S[supreg], GLN, and LEI entity identifiers (the
GBIs) from the manufacturers, shippers, and sellers of merchandise that
are intended to be covered by future entries that will meet the
conditions of the test (commodity + country of origin). For purposes of
providing the information required for the test, the parties are
defined as follows for each covered entry:
<bullet> Manufacturer (or supplier)--The party that last
manufactures, assembles, produces, or grows the goods or the party
supplying the finished goods in the country from which the goods are
leaving for the United States.
<bullet> Shipper--The party that enters into a contract for
carriage with, and arranges for delivery of the goods to, a carrier or
transport intermediary for transportation to the United States.
<bullet> Seller--The last known party by whom the goods are sold or
agreed to be sold. If the goods are to be imported otherwise than in
pursuance of a purchase, the owner of the goods must be provided.
Optionally, test participants may also arrange to obtain the GBIs
for exporters, distributors, and packagers that will be associated with
these future entries and provide them to CBP on qualifying entries
covered by this test.
A party may obtain its own GBI by contacting Dun and Bradstreet
(D&B) at <a href="https://www.dnb.com/duns-number.html">https://www.dnb.com/duns-number.html</a>, regarding the D-U-N-
S[supreg]; GS1 at <a href="https://www.gs1.org/standards/id-keys/gln">https://www.gs1.org/standards/id-keys/gln</a>, regarding
the GLN; and the Global Legal Entity Identifier Foundation (GLEIF) at
<a href="https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations">https://www.gleif.org/en/about-lei/get-an-lei-find-lei-issuing-organizations</a>, regarding the LEI.
Once the manufacturers, shippers, and sellers (and, optionally, the
exporters, distributors, and packagers) have obtained their own GBIs
(the D-U-N-S[supreg], GLN, and LEI), these parties should provide the
resulting GBIs to the relevant importer of record or licensed customs
broker participating in the test. If these parties experience any
difficulty with obtaining any of the GBIs, the importer of record or
licensed customs broker seeking to participate in the test should reach
out to CBP by email at <a href="/cdn-cgi/l/email-protection#397e7b70795a5b49175d514a175e564f"><span class="__cf_email__" data-cfemail="1f585d565f7c7d6f317b776c31787069">[email protected]</span></a>. The test participant is not
required to obtain or submit GBIs pertaining to its own entity.
Importers of record and licensed customs brokers are reminded that
they are responsible for obtaining any necessary permissions with
respect to providing to CBP the GBIs for manufacturers, shippers, and
sellers (and, optionally, for exporters, distributors, and packagers)
in the supply chains of the imported merchandise for which they file
the specified types of entries subject to the conditions of the test
(commodity + country of origin). Therefore, prior to submitting their
request to participate in the test to CBP, as discussed below,
importers of record and licensed customs brokers should consult with
these parties to ensure that these parties are willing to grant any
necessary permissions to share their GBIs (which will also result in
CBP's access to the underlying GBI data associated with those GBIs, as
described above) with CBP under the auspices of the test.
B. Submission of Request To Participate in the GBI EPoC
The test is open to all importers of record and licensed customs
brokers provided that these parties have requested permission and are
approved by CBP to participate in the test. Importers of record and
licensed customs brokers seeking to participate in the test should
email the GBI Inbox (<a href="/cdn-cgi/l/email-protection#9bdcd9d2dbf8f9ebb5fff3e8b5fcf4ed"><span class="__cf_email__" data-cfemail="0443464d446766742a606c772a636b72">[email protected]</span></a>) with the subject heading
``Request to Participate in the GBI EPoC.'' As part of their request to
participate, importers of record and licensed customs brokers must
agree to provide available GBIs with entry filings for merchandise that
is subject to the conditions of the test and state that they intend to
participate in the test. The request must include the potential
participant's filer code and evidence that it has obtained at least one
of the three identifiers (D-U-N-S[supreg], GLN, and LEI), or is in the
process of obtaining an identifier, from the manufacturers, shippers,
and sellers (and, optionally, exporters, distributors, and packagers)
of merchandise that is subject to the conditions of the test (commodity
+ country of origin). Potential participants must also advise that they
intend to import commodities that are subject to the test from the
countries of origin that are subject to the test.
Test participants who are importers of record and do not self-file
must advise CBP in their request that they have authorized their
licensed customs broker(s) to file qualifying entries under the test on
their behalf. Test participants who are licensed customs brokers must
advise CBP that they have been authorized to file qualifying entries on
behalf of importers of record whose shipments meet the test criteria
(commodity + country of origin), as set forth below.
CBP began accepting requests to participate in the test on December
2, 2022, and will continue to accept them until the test concludes.
Anyone providing incomplete information, or otherwise not meeting the
test requirements, will be notified by email, and given the opportunity
to resubmit the request to participate in the test.
C. Approval of GBI EPoC Participants
A party who wishes to participate in this test is eligible to do so
as long as it is an importer of record or licensed customs broker who
files type 01 (formal) or type 11 (informal) entries of merchandise
that meet the conditions of the test (commodity + country of origin),
and that party obtains the required GBIs from its supply chain
partners. After receipt of a request to participate in the test, CBP
will notify, by email, the importers of record and licensed customs
brokers who are approved for participation and inform them of the
starting date of their participation (noting that test participants may
have different starting dates). Test participants must provide the GBIs
they have received to CBP prior to the starting date of their
participation (participants will also provide the GBIs to CBP again
with each qualified entry filing meeting the requirements of the test).
Test participants are considered to be bound by the terms and
conditions of this notice and any subsequent modifications published in
the Federal Register.
D. Criteria for Qualifying Entries
1. Commodities Subject to the GBI EPoC
The test will be limited to type 01 and type 11 entries of certain
commodities, specifically alcohol, toys, seafood, personal items, and
medical devices.
[[Page 47157]]
Accordingly, CBP has limited the test to entries of merchandise
classifiable in specific subheadings of Chapters 3, 16, 22, 30, 33, 63,
90, and 95 of the Harmonized Tariff Schedule of the United States
(HTSUS), as set forth below.
Chapter 3: 0306.16.0003; 0306.16.0006; 0306.16.0009; 0306.16.0012;
0306.16.0015; 0306.16.0018; 0306.16.0021; 0306.16.0024; 0306.16.0027;
0306.16.0040; 0306.17.0004; 0306.17.0005; 0306.17.0007; 0306.17.0008;
0306.17.0010; 0306.17.0011; 0306.17.0013; 0306.17.0014; 0306.17.0016;
0306.17.0017; 0306.17.0019; 0306.17.0020; 0306.17.0022; 0306.17.0023;
0306.17.0025; 0306.17.0026; 0306.17.0028; 0306.17.0029; 0306.17.0041;
0306.17.0042; 0306.35.0020; 0306.35.0040; 0306.36.0020; 0306.36.0040;
0306.95.0020; and 0306.95.0040.
Chapter 16: 1605.21.0500; 1605.21.1020; 1605.21.1030; 1605.21.1050;
1605.29.0500; 1605.29.1010; and 1605.29.1040.
Chapter 22: 2203.00.0030; 2203.00.0060; 2203.00.0090; 2204.10.0030;
2204.10.0065; 2204.10.0075; 2204.21.5005; 2204.21.5015; 2204.21.5025;
2204.21.5025; 2204.21.5028; 2204.21.5035; 2204.21.5040; 2204.21.5050;
2204.21.5055; 2204.21.5060; 2204.21.8030; 2204.21.8060; 2208.30.3030;
2208.30.3060; 2208.40.4000; and 2208.60.2000.
Chapter 30: 3005.90.5010; 3005.90.5090.
Chapter 33: 3304.99.5000.
Chapter 63: 6307.90.6800.
Chapter 90: 9018.39.0020; 9018.39.0040; 9018.39.0050; and
9018.90.8000.
Chapter 95: 9503.00.0011; 9503.00.0013; 9503.00.0071; 9503.00.0073;
and 9503.00.0090.
Test participants are encouraged to submit GBIs with all qualified
entry filings that meet the conditions of the test so that CBP has a
fulsome data set to evaluate; however, entries will not be rejected if
GBIs are not submitted. Additional commodities may be added as CBP
refines the scope of the test. CBP will announce the HTSUS subheadings
for any additional commodities as a modification to the test in a
subsequent Federal Register notice.
2. Countries of Origin Subject to the GBI EPoC
CBP has limited the test to entries of imported merchandise with
the following countries of origin, which have been identified as
representing both countries with a high risk of non-compliance with
U.S. import laws and those that are partner countries, while covering a
diversity of jurisdictions: (1) Australia; (2) Canada; (3) China; (4)
France; (5) Italy; (6) Mexico; (7) New Zealand; (8) Singapore; (9)
United Kingdom; and (10) Vietnam. Additional countries of origin may be
added as CBP refines the scope of the test. CBP will announce any
additional countries of origin as a modification to the test in a
subsequent Federal Register notice.
E. Filing Entries With GBIs (via ABI in ACE)
Test participants must coordinate with their software vendors or
technical teams to ensure that their electronic systems are capable of
transmitting the D-U-N-S[supreg], GLN, and LEI entity identifiers to
CBP. During this test, CBP will only accept electronic submissions of
GBIs via ABI in ACE with CBP Form 3461 (Entry/Immediate Delivery)
filings for type 01 and type 11 entries. Upon selection to participate
in the test, the test participants will be provided with technical
information and guidance regarding the transmission of the GBIs to CBP
with the CBP Form 3461 filings. The assigned ABI client representatives
of the test participants will provide additional technical support, as
needed.
F. CBP Access to Underlying GBI Data Associated With GBIs
As part of the test, CBP has entered into agreements with D&B, GS1,
and GLEIF (the IMCs) for limited access to the underlying data (``GBI
data'') that is associated with the GBIs for the duration of the test
and for testing of CBP's automated systems.\1\ The data elements for
which CBP has entered into agreements with D&B, GS1, and GLEIF may
include, but are not limited to: (1) entity identifier numbers, (2)
official business titles; (3) names; (4) addresses; (5) financial data;
(6) trade names; (7) payment history; (8) economic status; and (9)
executive names. The data elements will be examined as part of the
test.
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\1\ As noted above, D&B, GS1, and GLEIF are IMCs. The GBI data
consists of data provided by the relevant entity to the IMCs in
order to generate a GBI--the D-U-N-S[supreg], GLN, or LEI. GBIs
allow CBP to link the underlying GBI data to specific entities and
entries.
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Consistent with the agreements, CBP may access GBI data, combine it
with CBP data, and evaluate the GBIs that the test participants provide
with an entry filing. The GBI data will assist CBP and PGAs in
determining the optimal combination of the three entity identifiers
(the GBIs) that will provide the U.S. Government with sufficient entity
data needed to support identification, monitoring, and enforcement
procedures to better equip the U.S. Government to focus on high-risk
shipments and bad actors.
CBP will process entries submitted pursuant to the test by
analyzing the GBIs submitted via ABI in ACE and ensuring that the GBIs
are submitted correctly. CBP will then evaluate the submitted entries
to assess the ease and cost of obtaining each of the GBIs, evaluating
each GBI to ensure that it is being submitted properly per the
technical requirements that will be set forth in CBP and Trade
Automated Interface Requirements (CATAIR), and ensuring that CBP is
able to validate that each GBI is accurate using the underlying GBI
data from the IMCs or otherwise known to CBP.
G. Partner Government Agencies (PGAs)
Partner Government Agencies (PGAs) are important to the success of
the test. Certain PGAs, which may receive GBIs and GBI data and are
intended as core test beneficiaries, may use the GBIs and GBI data to
improve risk management and import compliance. This may result in
smarter, more efficient, and more effective compliance efforts. CBP
will announce the PGAs who will receive GBIs and GBI data pursuant to
the test in a notice to be published in the Federal Register at a later
date.
H. Duration of Test
The test began on December 19, 2022, and will run through February
14, 2024, subject to any extensions, modifications or early termination
as announced by way of a notice to be published in the Federal
Register.
I. Misconduct Under the Test
Misconduct under the test may include, but is not limited to,
submitting false GBIs with an entry filing. Currently, CBP does not
plan to assess penalties against GBI EPoC participants that fail to
timely and accurately submit GBIs during the test. CBP also does not
anticipate shipment delays due to the failure to file or the erroneous
filing of GBIs. However, test participants are expected to follow all
other applicable regulations and requirements associated with the entry
process.
After an initial six-month period (or at such earlier time as CBP
deems appropriate), a test participant may be subject to discontinuance
from participation in this test for any of the following repeated
actions:
<bullet> Failure to follow the terms and conditions of this test;
[[Page 47158]]
<bullet> Failure to exercise due diligence in the execution of
participant obligations;
<bullet> Failure to abide by applicable laws and regulations that
have not been waived; or
<bullet> Failure to deposit duties or fees in a timely manner.
If the Director, Interagency Collaboration Division (ICD), Trade
Policy and Programs (TPP), Office of Trade (OT), finds that there is a
basis to discontinue a participant's participation in the test, then
CBP will provide written notice, via email, proposing the
discontinuance with a description of the facts or conduct supporting
the proposal. The test participant will be offered the opportunity to
respond to the Director's proposal in writing within 10 business days
of the date of the written notice. The response must be submitted to
the ICD Director, TPP, OT, by emailing <a href="/cdn-cgi/l/email-protection#94d3d6ddd4f7f6e4baf0fce7baf3fbe2"><span class="__cf_email__" data-cfemail="4e090c070e2d2c3e602a263d60292138">[email protected]</span></a>, with a subject
line reading ``Appeal--GBI Discontinuance.''
The Director, ICD, will issue a final decision in writing on the
proposed action within 30 business days after receiving a timely filed
response from the test participant, unless such time is extended for
good cause. If no timely response is received, the proposed notice
becomes the final decision of CBP as of the date that the response
period expires. A proposed discontinuance of a test participant's
privileges will not take effect unless the response process under this
paragraph has been concluded with a written decision that is adverse to
the test participant, which will be provided via email.
J. Confidentiality
Data submitted and entered into the Automated Commercial
Environment (ACE) may include confidential commercial or financial
information which may be protected under the Trade Secrets Act (18
U.S.C. 1905), the Freedom of Information Act (5 U.S.C. 552), and the
Privacy Act (5 U.S.C. 552a). However, as stated in previous notices,
participation in this or any of the previous ACE tests is not
confidential and, therefore, upon receipt of a written Freedom of
Information Act request, the name(s) of an approved participant(s) will
be disclosed by CBP in accordance with 5 U.S.C. 552.
IV. Comments on the Test
All interested parties are invited to comment on any aspect of this
test at any time. CBP requests comments and feedback on all aspects of
this test, including the design, conduct and implementation of the
test, in order to determine whether to modify, alter, expand, limit,
continue, end, or fully implement this program. Comments should be
submitted via email to <a href="/cdn-cgi/l/email-protection#83c4c1cac3e0e1f3ade7ebf0ade4ecf5"><span class="__cf_email__" data-cfemail="ecabaea5ac8f8e9cc288849fc28b839a">[email protected]</span></a>, with the subject line reading
``Comments/Questions on GBI EPoC.''
V. Paperwork Reduction Act
The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d))
requires that CBP consider the impact of paperwork and other
information collection burdens imposed on the public. An agency may not
conduct, and a person is not required to respond to, a collection of
information unless the collection of information displays a valid
control number assigned by the Office of Management and Budget (OMB).
The new GBI collection of information gathered under this test has
been approved by OMB in accordance with the requirements of the PRA and
assigned OMB control number 1651-0141. In addition, the Entry/Immediate
Delivery Application and ACE Cargo Release (CBP Form 3461 and 3461 ALT)
has been updated to accommodate the GBI test, and approved by OMB under
OMB control number 1651-0024.
VI. Evaluation Criteria
The test is intended to evaluate the feasibility of replacing the
current manufacturer or shipper identification code (MID) with unique
entity identifiers (GBIs) to more accurately identify legal business
entities, their different business locations and addresses, as well as
their various functions and supply chain roles, based upon information
derived from the unique D-U-N-S[supreg], GLN, and LEI entity
identifiers. The test will assist CBP in enforcing applicable laws and
protecting the revenue, while fulfilling trade modernization efforts by
assisting the agency in verifying the roles, functions and
responsibilities that various entities play in a given participant's
importation of merchandise. CBP's evaluation of the test, including the
review of any comments submitted to CBP during the duration of the
test, will be ongoing with a view to possible extension or expansion of
the test.
CBP will evaluate whether the test: (1) improves foreign entity
data for trade facilitation, risk management, and statistical
integrity; (2) ensures U.S. Government access to foreign entity data;
(3) institutionalizes a global, managed identification system; (4)
implements a cost-effective solution; (5) obtains stakeholder buy-in;
and (6) facilitates legal compliance across the U.S. Government. At the
conclusion of the test, an evaluation will be conducted to assess the
efficacy of the information received throughout the course of the test.
The final results of the evaluation will be published in the Federal
Register as required by section 101.9(b)(2) of the CBP regulations (19
CFR 101.9(b)(2)).
Should the GBI EPoC be successful and ultimately be codified under
the CBP regulations, CBP anticipates that this data would greatly
enhance ongoing trade entity identification and resolution, reduce
risk, and improve compliance operations. CBP would also anticipate
greater supply chain visibility and verified, validated information on
legal entities, which will support better decision-making during
customs clearance processes.
Dated: July 18, 2023.
John P. Leonard,
Acting Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2023-15497 Filed 7-20-23; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on July 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.