CSMS Message: 98-000907

TITLE VI OF THE NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION
ACT, SUBTITLE B, ESTABLISHING THE NATIONAL CUSTOMS AUTOMATION PROGRAM
(NCAP), SECTION 411(2)A DEFINES ELECTRONIC FILING AND QUERY OF PROTESTS
AS A 'PLANNED COMPONENT' OF THE NCAP.
ACCORDINGLY, A SYSTEM FOR ELECTRONIC FILING AND QUERY OF PROTEST
WAS DEVELOPED WITHIN THE AUTOMATED COMMERCIAL SYSTEM (ACS) AND AUTOMATED
BROKER INTERFACE SYSTEM (ABI) ENVIRONMENTS. USING THE ABI SYSTEM TO
SEND RECORDS TO ACS, ANY PARTY AT INTEREST CAN FILE THE FOLLOWING
ACTIONS ELECTRONICALLY:
* PROTESTS AGAINST DECISIONS OF THE CUSTOMS SERVICE
UNDER 19 U.S.C. 1514
* PETITIONS FOR REFUNDS OF CUSTOMS DUTIES OR CORRECTION
OF ERRORS REQUIRING RELIQUIDATION PURSUANT TO
19 U.S.C. 1520(C)
* PETITIONS FOR REFUND OF CUSTOMS DUTIES WHEN
DUTY FREE TREATMENT WAS NOT CLAIMED AT THE
TIME OF ENTRY UNDER NAFTA PURSUANT TO
19 U.S.C. 1520(D)
* INTERVENTIONS IN AN IMPORTER'S PROTEST BY AN
EXPORTER OR PRODUCER OF MERCHANDISE FROM A
COUNTRY THAT IS A PARTY TO THE NORTH AMERICAN
FREE TRADE AGREEMENT UNDER SECTION 181.115
OF THE CUSTOMS REGULATIONS.
.
THE SYSTEM ALSO ALLOWS AMENDMENTS AND ADDENDA AFTER THE INITIAL
FILING TO:
* APPLY FOR FURTHER REVIEW (WHEN NOT REQUESTED
AT THE TIME OF INITIAL FILING
* ASSERT ADDITIONAL CLAIMS OR CHALLENGE AN ADDITIONAL
DECISION
* SUBMIT ALTERNATIVE CLAIMS AND ADDITIONAL GROUND OR
ARGUMENTS
* REQUEST REVIEW OF DENIAL OF FURTHER REVIEW
* REQUEST ACCELERATED DISPOSITION
* REQUEST DENIAL BE VOIDED

ALL THESE ACTIONS MAY BE TRANSMITED TO CUSTOMS REMOTELY FROM ANY
LOCATION IN THE UNITED STATES. FILERS RECEIVE NOTIFICATION OF ALL
PROTEST REVIEW EVENTS, INCLUDING FINAL DECISIONS, ELECTRONICALLY.
ADDITIONALLY, THEY MAY QUERY THEIR PROTEST AT ANY TIME AND SHARE
ACCESS TO THE RECORDS WITH DESIGNATED THIRD PARTIES.

THE TEST OF THIS SYSTEM WAS ANNOUNCED IN THE FEDERAL REGISTER,
JANUARY 30, 1996. THE FIRST PHASE OF THE TEST WAS INAUGURATED IN
MAY, 1996 AND ENDED IN OCTOBER, 1996. THERE WERE 57 INQUIRIES FROM
SOFTWARE VENDORS, CUSTOMS BROKERS, IMPORTERS, LEGAL FIRMS AND SURETIES.
OF THOSE, 15 FILERS VOLUNTEERED TO PARTICIPATE IN THE TEST. CUSTOMS
SELECTED THE PORTS OF NEW YORK, BALTIMORE, BUFFALO, PHILADELPHIA,
CHICAGO, LOS ANGELES, LOS ANGELES INTERNATIONAL AIRPORT AS TEST PORTS.

THE SECOND PHASE OF THE TEST BEGAN IN NOVEMEBER, 1996 AND ENDED IN
APRIL, 1997. DURING THAT PHASE ADDITIONAL CUSTOMS ENTRY AND IMPORT
SPECIALIST PERSONNEL WERE TRAINED AND THE TEST EXPANDED TO 15 PORTS.

IN ITS MOST RECENT NOTICE, PUBLISHED IN THE FEDERAL REGISTER
(SEPTEMBER, 1997), CUSTOMS ANNOUNCED THAT ELECTRONIC FILING OF PROTESTS
IS NOW OPEN TO ANY INTERESTED PARTY. THIRTY-FIVE PORTS HAVE BEEN
TRAINED IN THE OPERATION OF THE SYSTEM AND ADDITIONAL COMPANIES
HAVE BEGUN USING THE SYSTEM. OTHERS ARE IN THE PROCESS OF
DEVELOPING OR OBTAINING THE SOFTWARE. THE CATAIR HAS BEEN
AMENDED TO INCLUDE ALL THE RECORDS FOR INPUT AND OUTPUT OF
ELECTRONIC PROTESTS AND IS AVAILABLE TO ANY INTERESTED PARTY.

THIS PROJECT BROKE NEW GROUND IN THE FIELD OF CUSTOMS
AUTOMATION IN THAT, AMONG THE PARTICIPANTS, THERE ARE THREE
LEGAL FIRMS AND ONE SURETY COMPANY- ENTITIES WHICH HAD NEVER
BEFORE PARTICIPATED IN ANY CUSTOMS COMPUTER INTERFACE PROGRAM.
ALTOGETHER, 23 LAW FIRMS HAVE EXPRESSED AN INTEREST IN THIS
SYSTEM. ANOTHER ACCOMPLISHMENT OF THIS PROJECT IS THAT THIS
SYSTEM ALLOWS FOREIGN EXPORTERS AND PRODUCERS OF MEXICO AND
CANADA, OR THEIR AGENTS, TO ELECTRONICALLY FILE INTERVENTIONS
IN THE IMPORTER'S PROTEST UNDER SECTION 181.115 OF THE NAFTA.

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