simplify reconciliation of imports and exports.
E. Paperless Entry
&nbs=
p;
Paperless entry processing eliminates the need for ABI participants to file a Customs Form 3461, Entry/Immediate Delivery, if certain criteria are met and the merchandise does not require examination.=
Carriers who participate in AMS will receive electronic notific=
ations
when merchandise is available for release.
F. Automated Invoice Interface (AII)
=
AII allows filers to send electronic invoice information to
<=
pre>Customs. This information is transmitted to Customs using either ABI record formats or the EDIFACT CUSDEC (Customs declaration). When <=
/pre>EDIFACT is used, the filer also transmits data that is normally o=
n the
CF-3461 for cargo release, as well as the entry summary CF=
-7501,
invoice data, and other government agency data.
G. Drawback
<=
pre> Filers can s=
ubmit a drawback claim to Customs on a diskette or
through ABI. =
This ensures that the data is quickly and accurately
recorded in=
ACS and results in faster claim processing and issuance of
the =
drawback payment. Immediate acceptance or rejection of data is
a=
vailable.
H. Protest
&=
nbsp;
<=
/span>The ABI electronic protest system allows ABI participants to file, amend, and query the following types of actions:
Prot=
ests against decisions of the Customs Service under 19
U.S. C. 1=
514.
Petitions for refunds of Customs duties or corrections of=
errors requiring reliquidation pursuant to 19 U.S.C. 1520(c) an=
d (d).
Interventions in an importer's protest by an exporter o=
r
producer of merchandise from a country that is a party to the =
North
American Free Trade
=
[[Page 77761]]
Agreement under Sectio=
n 181.115 of the Customs Regulations.
Once filed, protests can be amended and add=
itional arguments
submitted to:
Apply for further r=
eview (when not requested at time of
filing).
Asser=
t additional claims or challenge an additional
decision.
<=
/span>Submit alternative claims and additional grounds or
argume=
nts.
Request review of denial of further review.
=
Request denial of the protest be voided.
The protest, petition, or intervention c=
an be transmitted remotely
from any location. Customs views and =
processes the protest on-line. An
automatic notification routine=
keeps the filer informed of any change
in status, including fin=
al disposition.
I. Remote Location Fi=
ling
Remote Location Filing (RLF) is a pilot program =
which allows an
approved participant to electronically file a fo=
rmal or informal entry
of merchandise with Customs from a locati=
on within the United States
other than the port of arrival (POA)=
or the designated examination site
(DES). Such merchandise, upo=
n clearance by CBP, may enter the commerce
of the United States.=
J. National In-bond
&=
nbsp;
<=
/span>The National In-bond system tracks cargo en route in the United States. Using departure, arrival, and closure data, the In-bond syste=
m
tracks cargo from the point of unlading to the port of entry o=
r
exportation. The In-bond system is incorporated within AMS. AM=
S retains
control over all sea in-bond movements (both conventio=
nal and
paperless) that are associated with automated bills of l=
ading.
K. Paperless Master In-bond
=
The Paperless Master In-bond program controls the movem=
ent and
disposition of master in-bond (MIB) shipments from the c=
arrier's
custody at the port of unlading to the same carrier's c=
ustody at the
port of destination. This program utilizes the dat=
a already available
in AMS, eliminating the need for paper docum=
entation.
To help prevent terrorist weapons from being transported to the
<=
pre>United States, vessel carriers bringing cargo to the United States are =
required to transmit certain information to Customs and Border <=
/pre>Protection (CBP) about the cargo they are transporting prior to l=
ading
that cargo at foreign ports of entry. CBP is issuing an in=
terim final
rule that requires both importers and carriers to su=
bmit additional
information pertaining to cargo to CBP before th=
e cargo is brought into
the United States by vessel. This inform=
ation must be submitted to CBP
by way of a CBP-approved electron=
ic data interchange system. The
required information is necessar=
y to improve CBP's ability to identify
high-risk shipments so as=
to prevent smuggling and ensure cargo safety
and security, as r=
equired by section 203 of the Security and
Accountability for Ev=
ery (SAFE) Port Act of 2006 and section 343(a) of
the Trade Act =
of 2002, as amended by the Maritime Transportation
Security Act =
of 2002.
The proposed rule was known to the trade as both the ``Importer
Security Filing proposal'' and the ``10 + 2 proposal.'' The name ``10 + =
2'' is shorthand for the number of advance data elements CBP was=
proposing to collect. Carriers would be generally required to s=
ubmit
two additional data elements--a vessel stow plan and conta=
iner status
messages regarding certain events relating to contai=
ners loaded on
vessels destined to the United States--to the ele=
ments they are already
required to electronically transmit in ad=
vance (the ``2'' of ``10+2'');
and importers, as defined in the =
proposed regulations, would be
required to submit ten data eleme=
nts--an Importer Security Filing
containing ten data elements (t=
he ``10'' of ``10+2'').
&n=
bsp; ACS has two principal methods for electronic data interch=
ange: The
Automated Broker Interface (ABI) and the Automated Man=
ifest System
(AMS). Under the ``10+2'' program, importers, who s=
ubmit the Importer
Security Filing (ISF), will use either ABI or=
Vessel AMS to provide
their information to CBP. ACS, upon recei=
pt of the ISF, will transfer
the data to the Automated Targeting=
System (ATS) for screening and
targeting purposes. Once screene=
d the ISF data will be returned with
embedded targeting links to=
ACS to be maintained in accordance with the
ACS stated retentio=
n policy.
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 2002), the Department of Homeland Security (DHS) and its components=
and
offices have relied on preexisting Privacy Act systems of r=
ecords
notices for the maintenance of records that concern the t=
racking,
controlling, and processing of all commercial goods imp=
orted into the
United States.
This collection satisfies the requiremen=
ts of Section 203 of the
Security and Accountability for Every P=
ort Act of 2006 (Pub. L. 109-
347, 120 Stat. 1884 (SAFE Port Act)=
).
Con=
sistent with DHS's information sharing mission, information
stor=
ed in the Automated Commercial System may be shared with other DHS
components, as well as appropriate Federal, State, local, tribal,
=
foreign, or international government agencies. This sharing will only =
take place after DHS/CBP determines that the receiving component=
or
agency has a need to know the information to carry out natio=
nal
security, law enforcement, immigration, intelligence, or oth=
er
functions consistent with the routine uses set forth in this =
system of
records notice.
To provide notice and transparency to the pu=
blic, the Department of
Homeland Security, U.S. Customs and Bord=
er Protection announces an
amendment to an existing legacy Priva=
cy Act system of records, the
Automated Commercial System, a com=
prehensive system used by U.S.
Customs and Border Protection to =
track, control, and process all
commercial goods imported into t=
he United States. This legacy system
will now also collect addit=
ional data via the Automated Broker
Interface and Vessel Automat=
ed Manifest System.
=
In accordance with the Privacy Act of 1974 and as part of DHS=
's
ongoing effort to review and update legacy system of record n=
otices,
DHS proposes to update and reissue the following legacy =
record system,
Treasury/CS.278 Automated Commercial System (66 F=
R 52984 October 18,
2001), as a DHS/CBP system of records notice=
titled, U.S. Customs and
Border Protection Automated Commercial=
System. Categories of
individuals and categories of records hav=
e been reviewed, and the
routine uses of this legacy system of r=
ecords notice have been updated
to better reflect the DHS/CBP Au=
tomated Commercial System record
system. This reissued system wi=
ll be included in DHS's inventory of
record systems.
<=
o:p>
II. Privacy Act
The Privac=
y Act embodies fair information principles in a statutory
framew=
ork governing the means by which the United States Government
co=
llects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained in a ``system of records.'' A ``system of records'' is a group of =
any
records under the control of an agency for which information=
is
retrieved by the name of an individual or by some identifyin=
g number,
symbol, or other identifying particular assigned to th=
e individual. In
the Privacy Act, an individual is defined to en=
compass United States
citizens and lawful permanent residents. A=
s a matter
[[Page 77762]]
<=
o:p>
of policy, DHS extends administrative Privacy Ac=
t protections to all
individuals where systems of records mainta=
in information on U.S.
citizens, lawful permanent residents, and=
visitors. Individuals may
request access to their own records t=
hat are maintained in a system of
records in the possession or u=
nder the control of DHS by complying with
DHS Privacy Act regula=
tions, 6 CFR part 5.
=
; The Privacy Act requires each agency to publish in the Feder=
al
Register a description denoting the type and character of eac=
h system
of records that the agency maintains, and the routine u=
ses that are
contained in each system in order to make agency re=
cordkeeping
practices transparent, to notify individuals regardi=
ng the uses to
which personally identifiable information is put,=
and to assist
individuals to more easily find such files within=
the agency. Below is
the description of the Automated Commercia=
l System system of records.
&nbs=
p; In accordance with 5 U.S.C. 552a(r), DHS has provided=
a report of
this updated system of records to the Office of Man=
agement and Budget
and to Congress.
System of Records<=
/pre>DHS/CBP--015
System name: U.S. Cu=
stoms and Border Protection--015 Automated Commercial System
Security classification:
Unclassified.
&nb=
sp;
System location:
Records are maintained at the CBP Headquarte=
rs in Washington, DC
and field offices.
Categories of individuals covered by the system:
Categories of indi=
viduals covered by this system include: CBP
employees and indivi=
duals involved in the import trade.
C=
ategories of records in the system:
Categories of records in this system include:=
Individual's name;
=
Social Security Number (SSN),=
if collected;
Address;
CBP employee names;
=
=
;CBP employee SSN;
=
Importer of record number, which can=
be the IRS Employer
Identification Number (EIN), SSN, or a Cust=
oms-assigned number;
=
; Importer name and address;
=
Type of importation bond;
=
Importation bond expiration date; &n=
bsp;Surety code;
&n=
bsp; Violation statistics;
Pro=
test information;
<=
/span> Customhouse broker number;
Cust=
omhouse name;
Customhouse address;
=
Bond agent nam=
e;
Bond agent SSN;
=
<=
span style=3D'mso-spacerun:yes'> Surety code (non-SSN);
<=
/span>Surety name;
=
Customs bond information;
Liqu=
idator identification (non-SSN);
=
Foreign Manufacturer/Shipper =
identification code;
=
; Foreign Manufacturer/Shipper name;
=
=
;Foreign Manufacturer/Shipper address;
Carrier names; Carrier codes (non SSN) (Standard Carrier Agent Code (SCA) for vessel carriers, International Air Transport Association (IATA=
) for
air carriers);
=
<=
span style=3D'mso-spacerun:yes'>
Manufacturer (or supplier) nam=
e;
Seller name;
&nb=
sp; Buyer name;
=
Ship to =
party name;
=
Container stuffing location;
=
Consolid=
ator (stuffer);
Foreign trade zone applicant identification nu=
mber;
Consignee number(s);
<=
BULLET> Country of origin;
&nb=
sp;Commodity HTSUS number;
Booking party;
=
Foreign port of unlading;
=
Place of delivery; and
=
Ship to party.
Authority for maintena=
nce of the system:
&=
nbsp; 19 U.S.C. 66, 1431, 1448, 1481, 1484, 1505, 1514 and 1624, sec=
tion
203 of the Security and Accountability for Every (SAFE) Por=
t Act of
2006 and section 343(a) of the Trade Act of 2002, as am=
ended by the
Maritime Transportation Security Act of 2002.
=
Purpose(s):
The purpose of this system is to tra=
ck, control, and process all
commercial goods imported into the =
United States, and to improve CBP's
ability to identify high-ris=
k shipments so as to prevent smuggling and
ensure cargo safety a=
nd security. As part of CBP identifying high risk
shipments for =
border security and counterterrorism purposes, the system
includ=
es information relating to individuals and their relationship to
the merchandise as documented in the Importer Security Filing (ISF).
=
Routine uses of records maintained in the =
system, including categories
of users and the purposes of such u=
ses:
In addition to those disclosures g=
enerally permitted under 5 U.S.C.
552a(b) of the Privacy Act, al=
l or a portion of the records or
information contained in this s=
ystem may be disclosed outside DHS as a
routine use pursuant to =
5 U.S.C. 552a(b)(3) as follows:
=
A. To the Department of Justice or other Federal =
agency conducting
litigation or in proceedings before any court,=
adjudicative or
administrative body, when:
1. DHS or any component th=
ereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in h=
is/her individual capacity where DOJ or
DHS has agreed to repres=
ent the employee; or
=
; 4. the United States or any agency thereof, is a party to th=
e
litigation or has an interest in such litigation, and DHS/CBP =
determines that the records are both relevant and necessary to t=
he
litigation and the use of such records is compatible with the=
purpose
for which DHS/CBP collected the records.
B. To a congressiona=
l office from the record of an individual in
response to an inqu=
iry from that congressional office made at the
request of the in=
dividual to whom the record pertains.
C. To the National Archives and Records Adm=
inistration or other
Federal government agencies pursuant to rec=
ords management inspections
being conducted under the authority =
of 44 U.S.C. 2904 and 2906.
&nbs=
p; D. To an agency, organization, or individual for the =
purpose of
performing audit or oversight operations as authorize=
d by law, but only
such information as is necessary and relevant=
to such audit or
oversight function.
E. To appropriate agencies, enti=
ties, and persons when:
&n=
bsp; 1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
&nbs=
p; 2. The Department has determined that as a result of the su=
spected
or confirmed compromise there is a risk of harm to econo=
mic or property
interests, identity theft or fraud, or harm to t=
he security or
integrity of this system or other systems or prog=
rams (whether
maintained by DHS or another agency or entity) tha=
t rely upon the
compromised information; and
3. The disclosure made to=
such agencies, entities, and persons is
reasonably necessary to=
assist in connection with DHS's efforts to
respond to the suspe=
cted or confirmed compromise and prevent, minimize,
or remedy su=
ch harm.
F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS,
&=
nbsp;
[[Page 77763]]
=
when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use =
are
subject to the same Privacy Act requirements and limitations=
on
disclosure as are applicable to DHS officers and employees.<=
/pre> G. To =
a Federal, State, or local agency, or other appropriate
entity o=
r individual, or through established liaison channels to
selecte=
d foreign governments, in order to provide intelligence,
counter=
intelligence, or other information for the purposes of
intellige=
nce, counterintelligence, or antiterrorism activities
authorized=
by U.S. law, Executive Order, or other applicable national
secu=
rity directive.
&nbs=
p; H. To an appropriate Federal, State, tribal, local, international=
,
or foreign law enforcement agency or other appropriate authori=
ty
charged with investigating or prosecuting a violation or enfo=
rcing or
implementing a law, rule, regulation, or order, where a=
record, either
on its face or in conjunction with other informa=
tion, indicates a
violation or potential violation of law, which=
includes criminal,
civil, or regulatory violations and such dis=
closure is proper and
consistent with the official duties of the=
person making the
disclosure.
I. To the Bureau of the Census to provi=
de information on foreign
trade data.
J. To a Federal agency, pursuant=
to the International Trade Data
System Memorandum of Understand=
ing, consistent with the receiving
agency's legal authority to c=
ollect information pertaining to and/or
regulate transactions in=
international trade.
&nbs=
p; K. To appropriate Federal, State, local, tribal, or foreign=
governmental agencies or multilateral governmental organization=
s
responsible for investigating or prosecuting the violations of=
, or for
enforcing or implementing, a statute, rule, regulation,=
order, license,
or treaty where DHS determines that the informa=
tion would assist in the
enforcement of civil or criminal laws.<=
/pre> L. To =
a Federal, State, local, tribal, territorial, foreign, or
intern=
ational agency, maintaining civil, criminal or other relevant
en=
forcement information or other pertinent information, which has
=
requested information relevant to or necessary to the requesting
agency's or the bureau's hiring or retention of an individual, or
issuance of a security clearance, license, contract, grant, or other benefit;
&nb=
sp; M. To a court, magistrate, or administrative tribunal in the cou=
rse
of presenting evidence, including disclosures to opposing co=
unsel or
witnesses in the course of civil discovery, litigation,=
or settlement
negotiations, in response to a subpoena, or in co=
nnection with criminal
law proceedings;
N. To third parties during the=
course of an investigation to the
extent necessary to obtain in=
formation pertinent to the investigation;
O. To the Department of Justice, the Un=
ited States Attorney's
Office, or a consumer reporting agency fo=
r further collection action on
any delinquent debt when circumst=
ances warrant;
=
; P. To appropriate Federal, State, local, tribal, or foreign
=
governmental agencies or multilateral governmental organizations where=
DHS is aware of a need to utilize relevant data for purposes of=
testing
new technology and systems designed to enhance national=
security or
identify other violations of law;
Q. To a former employee=
of DHS, in accordance with applicable
regulations, for purposes=
of responding to an official inquiry by a
Federal, State, or lo=
cal government entity or professional licensing
authority; or fa=
cilitating communications with a former employee that
may be nec=
essary for personnel-related or other official purposes where
th=
e Department requires information or consultation assistance from the former employee regarding a matter within that person's former area o=
f
responsibility;
&nb=
sp; R. To an organization or individual in either the pu=
blic or private
sector, either foreign or domestic, where there =
is a reason to believe
that the recipient is or could become the=
target of a particular
terrorist activity or conspiracy, to the=
extent the of life or
property; and
S. To a consumer reporting agency=
related to owing the U.S.
Government money in accordance with 1=
5 U.S.C 1681 et seq.
Disclosure to co=
nsumer reporting agencies:
=
; Yes, in accordance with the provision of 15 U.S.C. 168=
1 et seq.
Policies and practices for =
storing, retrieving, accessing, retaining,
and disposing of reco=
rds in the system:
Storage:
Records in this system are stored electroni=
cally or on paper in
secure facilities in a locked drawer behind=
a locked door. The records
that are stored electronically are s=
tored on magnetic disc, tape,
digital media, and CD-ROM.
Retrievability:
Records may be retrieved by identi=
fication codes and/or name.
Safeguard=
s:
Rec=
ords in this system are safeguarded in accordance with
applicabl=
e rules and policies, including all applicable DHS automated
sys=
tems security and access policies. Strict controls have been imposed
=
to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in thi=
s
system is limited to those individuals who have a need to know=
the
information for the performance of their official duties an=
d who have
appropriate clearances or permissions. The system mai=
ntains a real-time
auditing function of individuals who access t=
he system. Additional
safeguards may vary by component and progr=
am.
Retention and disposal:
The Importer Se=
curity Filing is retained for fifteen years from
date of submiss=
ion unless it becomes linked to active law enforcement
lookout r=
ecords, CBP matches to enforcement activities, and/or
investigat=
ions or cases (i.e., specific and credible threats;
individuals,=
and routes of concern; or other defined sets of
circumstances) =
for which it will remain accessible for the life of the
law enfo=
rcement matter to support that activity and other enforcement
ac=
tivities that may become related. All other records are maintained
for a period of six years from the date of entry.
<=
/o:p>
System Manager and address:
Director, Office of Automated Systems=
, CBP Headquarters, 1300
Pennsylvania Avenue, NW., Washington, D=
C 20229 is responsible for all
data maintained in the files.
Notification procedure:
Individuals seeking no=
tification of and access to any record
contained in this system =
of records, or seeking to contest its content,
may submit a requ=
est in writing to CBP's FOIA Officer, 1300
Pennsylvania Avenue, =
NW., Washington, DC 20229. If an individual
believes more than o=
ne component maintains Privacy Act records
concerning him or her=
the individual may submit the request to the
Chief Privacy Offi=
cer, Department of Homeland Security, 245 Murray
Drive, SW., Bui=
lding 410, STOP-0550, Washington, DC 20528.
When seeking records about yourself f=
rom this system of records or
any other Departmental system of r=
ecords your request must conform with
the Privacy Act regulation=
s set forth in 6 CFR part 5. You must first
verify your identity=
, meaning that you must provide your full
=
[[Page 77764]]
name, current add=
ress and date and place of birth. You must sign your
request, an=
d your signature must either be notarized or submitted under
28 =
U.S.C. 1746, a law that permits statements to be made under penalty
<=
pre>or perjury as a substitute for notarization. While no specific form is =
required, you may obtain forms for this purpose from the Directo=
r,
Disclosure and FOIA, http://frwebgate.acce=
ss.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&=
to=3Dhttp://www.dhs.gov or 1-866-431-0486. In addition
you s=
hould provide the following:
&nb=
sp;
An explanation of why you believe=
the Department would
have information on you,
Iden=
tify which component(s) of the Department you believe
may have t=
he information about you,
=
Specify when you believe the records=
would have been
created,
Provide any other informa=
tion that will help the FOIA
staff determine which DHS component=
agency may have responsive records,
If your request is seekin=
g records pertaining to another
living individual, you must incl=
ude a statement from that individual
certifying his/her agreemen=
t for you to access his/her records.
Without this bulleted information the compon=
ent(s) will not be able
to conduct an effective search, and your=
request may be denied due to
lack of specificity or lack of com=
pliance with applicable regulations.
=
Record access procedures:
=
See ``Notification procedure'' above.
&n=
bsp;
Contesting record procedures:
See ``Notification procedure''=
above.
Record source categories: Records a=
re obtained by authorized Customs forms or electronic
formats fr=
om individuals and/or companies incidental to the conduct of
for=
eign trade and required by CBP in administering the tariff laws and
<=
pre>regulations of the United States.
Exemptions claimed for the system:
Information in the system may be shared with =
law enforcement and/or
intelligence agencies pursuant to the abo=
ve routine uses. The Privacy
Act requires DHS to maintain an acc=
ounting of the disclosures made
pursuant to all routines uses. D=
isclosing the fact that a law
enforcement or intelligence agenci=
es has sought particular records may
affect ongoing law enforcem=
ent or intelligence activity. As such
pursuant to 5 U.S.C. 552a(=
j)(2) and (k)(2), DHS will claim exemption
from (c)(3), (e)(8), =
and (g) of the Privacy Act of 1974, as amended, as
is necessary =
and appropriate to protect this information.
Dated: D=
ecember 10, 2008.
Hugo Teufel III,
Chief Privacy Office=
r, Department of Homeland Security.
[FR Doc. E8-29801 Filed 12-1=
8-08; 8:45 am]
BILLING CODE 4410-10-P=