ACE information sheet
Frequently asked questions about ACE
As we’ve been preparing for ACE, Livingston’s customs and trade experts have fielded a number of questions from our
clients and the industry in general about ACE and what importers can expect. We’ve compiled a few of these questions
below.
What is ACE, and what are my responsibilities as an importer?
ACE is the Automated Commercial Environment, or the single window by which U.S Customs and Border Protection
(CBP) and Partner Government Agencies (PGAs) will receive data associated with an entry transaction. Importers are
responsible for providing the required data elements to their customs broker; the broker will transmit the data, and
where required submit documents, to CBP via ACE.
What are the mandatory ACE dates?
As of March 31, 2016, filers will be required to file the most common entry types for cargo release and entry summary
through ACE, provided those entries have no PGA requirements, or only APHIS (Lacey) or NHTSA requirements.
Starting in summer 2016, filers will be required to file entry types for 13 additional PGAs. Visit
www.livingstonintl.com/ACE for the complete list.
What happens to the ACS system?
The ACS system will be phased out. As entry types become mandatory under ACE, those entries will no longer be able
to be filed under ACS.
Where does the FCC fit in with ACE?
The FCC has proposed that import data no longer be collected on commodities under their jurisdiction. At this time,
submission of FCC data will end on July 1, 2016 through the end of 2016, and possibly longer, following review of a
comment period on the FCC’s proposal.
How long prior to shipment do I need to submit PGA-related forms?
Your broker should receive any required forms, as well as your Customs invoice, in sufficient time for them to review
and transmit the data to CBP/PGA and receive response back – all prior to cargo arrival at the border. Ideally, the data
sets are intended to allow "real time" decisions, as they do today with the CBP information that is currently being
transmitted.
After I’ve submitted PGA supporting documents, such as a phytosanitary certificate for APHIS, or a product label for
EPA Pesticides, can I access them through the Document Imaging System (DIS)?
The elements of certain documents will be converted to electronic data sets and transmitted to CBP/PGA. That would
not be visible to the importers. Any document that is sent via DIS would have been provided by the Importer.
What's in place to handle shipments when the ACE system goes down? It's bound to happen.
Just as in today's environment, CBP will have a downtime plan which will be published to trade participants.
Should I participate in PGA pilot programs, such as the recent APHIS (Lacey) pilot?
Participation in pilots is optional, but is a good way to ensure your business is prepared to meet any new requirements,
and provide feedback to CBP on ACE and its effectiveness.
What are the advantages/disadvantages of filing Lacey via my broker, versus filing directly on the LAWGS website?
The entry number is a component of the declaration; when your broker submits Lacey Act information the entry number
is included as part of your cargo release data. Acknowledgment of data submission APHIS acceptance of the same is
received prior to cargo arrival via ABI messages.
Updated March 18, 2016
This may speed up the release of your cargo.
If you apply yourself using LAWGS you will have to obtain the entry number before transmission, an extra step which
may slow operations and consequently your cargo release.
How are FDA data requirements changing under ACE?
FDA is the only PGA that currently hosts a standalone submission process, where importers are able to obtain prior
notice for food shipments. No other agency appears to be considering this type of application, meaning the broker must
transmit all PGA data. There will also be additional data elements required for FDA commodities, intended to expedite
admissibility decisions; visit the Livingston website to learn the latest on FDA requirements.
With this change do I need to make changes to existing FDA codes?
No. At this time, these changes have no impact on FDA product codes - they will still be required.
Where can I find the government agency processing codes?
The government agency processing codes are available on CBP’s website. Click on “PGA Message Sets” to see
Implementation Guidelines for a specific PGA.
Can I transmit more than one code? For example, if I have an import where one portion is “investigational” and
another portion is “research.”
Unless the specific instance is covered in the Combined Product Program your broker would need to transmit two lines
of data
Can the extra information be set up in advance or will it be per shipment?
Check with your customs broker to see if their systems are capable of storing default data on a customer basis.
Do the FDA Qty measures match the Census Qty measures?
No. FDA requires specific quantity indicators at the "commercial" level of the product. Census parameters are tied to the
HTS number and are driven by edits in place measuring volume, quantities and declared values for those commodities.
How long can the FDA hold my shipment? How can I get it released faster?
There is no dictated timeframe; FDA can hold a shipment until their compliance officers have completed their review. If a
product is sent for lab analysis, the officer must await results of the analysis in order to make an admissibility decision.
FDA does strive to make the decisions within a few weeks of cargo arrival. Work with your broker to keep the lines of
communication with FDA open.
Do facilities need to register as a Device Domestic Manufacturer (DDM) in order for me to report the Affirmations of
Compliance DDM and their facility registration number/qualifier?
Yes, registration as a DDM allows FDA to assign the registration number, which is then reported within the entry
transaction.
Contact Livingston
Have questions or need help with your ACE imports?
Contact your account executive,
write to us at: simplify@livingstonintl.com
or give us a call at 1-855-225-5548
www.livingstonintl.com