New FWS Pilot to Give Participants Several Filing Options, Including Directly in eDecs
CBP is formally announcing the resumption of a pilot on filing in ACE of data required for entries regulated by the Fish and Wildlife Service. In contrast to the original pilot, which relied on the FWS Partner Government Agency (PGA) message set, the new version of the pilot will give filers several options for filing FWS data, including the ability to file most required documentation directly with FWS. The pilot is slated to begin May 21.
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Participants in the pilot do not have to decide in advance which filing option they will choose, and may even use different filing options for different entries, CBP said. Participants may still choose to file completely in ACE: Under option 1, participants may file FWS Form 3-177 data using the PGA message set, and upload required FWS documents in the document imaging system.
Other options will allow for filing of required data with FWS. For option 2, participants will file the Form 3-177 directly with FWS, either transmitting the eDecs confirmation number in the PGA message set if FWS clearance was already received via eDecs, or using disclaimer code “D” if they filed the Form 3-177 on paper with FWS. Option 3 allows participants to transmit disclaimer code “C” to “indicate that they will follow up with FWS and file in eDecs at a later time,” CBP said. Under both these options, DIS will not be used unless further information is requested by CBP or FWS to substantiate a disclaimer “on a case-by-case basis,” the notice said.
Option 4 would apply to tariff code flagged as FW1 (i.e., the commodity sometimes but not always requires a FWS declaration). Under this option, filers may use disclaimer code “E” to disclaim the need to file a FWS Form 3-177 because the commodity does not contain fish or wildlife. “However, if a commodity contains both FWS regulated and non-FWS regulated animal components, Disclaimer code 'E' should be used in conjunction with one of the above options,” CBP said.
The pilot will initially be restricted only to certain FWS ports, and live and perishable commodities will initially be excluded from participation until FWS determines the participant’s software has been fully tested, CBP said. Requests to participate may be submitted directly to FWS beginning on April 23. There is no limit on the number of participants, CBP said.
The new pilot comes after FWS discontinued its original ACE pilot in January 2017 (see 1701190011), due to “a lack of participation” and “concerns raised by the industry regarding the design of the message set,” CBP said. FWS has since trimmed its tariff flag and ACE filing requirements, collaborating with a working group established by the Commercial Customs Operations Advisory Committee (see 1708160036). Software developers have reportedly been reluctant to participate given the likelihood that FWS will again change its filing requirements before it is fully integrated into ACE (see 1804160050).
(Federal Register 04/23/18)