CSMS Message: 17-000160

Title:Correction: Updated ACE PGA Documentation Posted on CBP.gov
Date:2017-03-22
To:abi,acep,edi,newace,partner
Links:previous, original, next

*** The URL for the EPA PGA Message Set Samples has been corrected. ***

U.S. Customs and Border Protection (CBP) published a message via the Cargo System Messaging Service (CSMS) # 17-000155 to announce that two Environmental Protection Agency (EPA) Final Rules became effective on 3/21/2017. Pursuant to that, please note the following:

The EPA has updated and published version (9.1) of their Implementation Guide and PGA (Partner Government Agency) Message Set samples. The URLs are:

https://www.cbp.gov/document/forms/epa-supplemental-catair-guidelines
https://www.cbp.gov/document/guidance/epa-pga-message-set-samples-pilot-programs

The coding changes related to this version 9.1 are in CERT. These coding changes are scheduled to go into PROD on 4/27/2017.

Also on that date (4/27) the Harmonized Tariff Schedule (HTS) flagging for all EPA programs for all filers will be enforced.

Reminder from EPA: The importer is responsible for knowing what to file, regardless of whether a tariff code has been flagged.

EPA Supplemental Guidelines Update and Reminders
------------------------------------------------

The EPA Supplemental CATAIR version 9.1 updates the ACE PGA Message Set guidance to align with recent rulemaking, updated business rule validations, and EPA HTS code flagging in ACE. These changes include:

• Clarification that a PGA Message Set filer is not required to provide a TSCA negative certification when filing for pesticide imports regulated under FIFRA.
• Revisions to Vehicles and Engines (V&E) guidance, indicating that additional information provided via DIS is now optional, not required or conditionally required under certain conditions.
• Reduction in V&E Appendix A additional information requirements provided via DIS.
• Updates to V&E guidance, removing requirement for Test Group/Engine Family name for Import Codes A, C, J, Z (3520-1) and 3, 4, 16, 24a (3520-21).
• Updates to V&E guidance, removing requirement for Exemption Number for Import Codes 2, 5, 6, 7, 12 (3520-21).
• Clarification for Type 06 FTZ Entry declarations, allowing filers to provide V&E data with entry summary following a weekly estimate.

General Reminders
-----------------

• V&E: V&E declarations are required to be filed with the entry information, effective March 21, 2017.
• Original Equipment Manufacturers (OEMs) who are importing onroad and/or nonroad vehicles and engines with certificates of conformity, are not required to file V&E Declarations, but must file the disclaim reason code "B – Data Not Required per Agency Guidance." The V&E webpage has been updated and can be found at: https://www.epa.gov/importing-vehicles-and-engines/publications-and-forms-importing-vehicles-and-engines
• TSCA: The blanket TSCA Certification option was removed in from ACE in January 2017 and the EPA Supplemental CATAIR in November 2015. There are no significant changes for TSCA in this version of the guidance, however, the Pesticides filings no longer require an accompanying TSCA Negative Certification.

Pesticides: The Pesticides electronic reporting requirements became effective September 30, 2016. See CSMS# 16-000859 - Publication of an IFR Notice Announcing Interim Regulations for FIFRA

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, instead 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:

•V&E Hotline: imports@epa.gov

•TSCA Hotline: tsca-hotline@epa.gov

•Pesticides Regional Import Coordinators: https://www.epa.gov/compliance/regional-contacts-questions-concerning-notices-arrival-epa-form-3540-1

CBP has also updated the following two appendices:

•Appendix V – Government Agency Codes – PGA codes ICE (U.S. Department of Homeland Security, Immigration and Customs Enforcement) and EXI (Export-Import Bank of the United States) have been added to the document.
https://www.cbp.gov/document/guidance/appendix-v-government-agency-codes

•Appendix B – Valid Codes - This document is just being updated to reflect what is already in the system (in production and cert).
https://www.cbp.gov/document/guidance/appendix-b-valid-codes-0

To download a copy of the updated ACE PGA documentation, please visit the “ACE Automated Broker Interface (ABI) CATAIR” page of CBP.gov/ACE. You may also copy and paste the URLs above to your internet browser.

Related CSMS No. 17-000159

Referenced By

CSMS #17-000253, 17-000240, 17-000201