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 have=
been reviewed, and the
routine uses of this legacy system of re=
cords notice have been updated
to better reflect the DHS/CBP Aut=
omated Commercial System record
system. This reissued system wil=
l be included in DHS's inventory of
record systems.
II. Privacy Act
=
The Privacy=
Act embodies fair information principles in a statutory
framewo=
rk governing the means by which the United States Government
col=
lects, 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 a=
ny
records under the control of an agency for which information =
is
retrieved by the name of an individual or by some identifying=
number,
symbol, or other identifying particular assigned to the=
individual. In
the Privacy Act, an individual is defined to enc=
ompass United States
citizens and lawful permanent residents. As=
a matter
[[Page 77762]]
of policy, DHS extends administrative Privacy Act=
protections to all
individuals where systems of records maintai=
n information on U.S.
citizens, lawful permanent residents, and =
visitors. Individuals may
request access to their own records th=
at are maintained in a system of
records in the possession or un=
der the control of DHS by complying with
DHS Privacy Act regulat=
ions, 6 CFR part 5.
=
The Privacy Act requires each agency to publish in the Federa=
l
Register a description denoting the type and character of each=
system
of records that the agency maintains, and the routine us=
es that are
contained in each system in order to make agency rec=
ordkeeping
practices transparent, to notify individuals regardin=
g 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 Commercial=
System system of records.
=
; In accordance with 5 U.S.C. 552a(r), DHS has provided =
a report of
this updated system of records to the Office of Mana=
gement and Budget
and to Congress.
System of RecordsDHS/CBP--015
System name: U.S. Cus=
toms and Border Protection--015 Automated Commercial System
=
Security classification:
Unclassified.
&nbs=
p;
System location:
Records are maintained at the CBP Headquarter=
s in Washington, DC
and field offices.
Categories of individuals covered by the system:
Categories of indiv=
iduals covered by this system include: CBP
employees and individ=
uals involved in the import trade.
Ca=
tegories of records in the system:
Categories of records in this system include:<=
/pre> 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:
I=
n addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
=
A. To the Depart=
ment of Justice or other Federal agency conducting
litigation or=
in proceedings before any court, adjudicative or
administrative=
body, when:
=
1. DHS or any component thereof;
2. any employee of DHS in his/her officia=
l capacity;
<=
/span>3. any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent the employee; or
4. the United States or any=
agency thereof, is a party to the
litigation or has an interest=
in such litigation, and DHS/CBP
determines that the records are=
both relevant and necessary to the
litigation and the use of su=
ch records is compatible with the purpose
for which DHS/CBP coll=
ected the records.
&=
nbsp; B. To a congressional office from the record of an individual =
in
response to an inquiry from that congressional office made at=
the
request of the individual to whom the record pertains.
C. To the =
National Archives and Records Administration or other
Federal go=
vernment agencies pursuant to records management inspections
bei=
ng conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, org=
anization, or individual for the purpose of
performing audit or =
oversight operations as authorized by law, but only
such informa=
tion as is necessary and relevant to such audit or
oversight fun=
ction.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has c=
onfirmed that the security or
confidentiality of information in =
the system of records has been
compromised;
2. The Department has dete=
rmined that as a result of the suspected
or confirmed compromise=
there is a risk of harm to economic or property
interests, iden=
tity theft or fraud, or harm to the security or
integrity of thi=
s system or other systems or programs (whether
maintained by DHS=
or another agency or entity) that rely upon the
compromised inf=
ormation; and
=
3. The disclosure made to such agencies, entities, and persons is <=
/pre>reasonably necessary to assist in connection with DHS's efforts t=
o
respond to the suspected or confirmed compromise and prevent, =
minimize,
or remedy such harm.
F. To contractors and their agents, gra=
ntees, experts, consultants,
and others performing or working on=
a contract, service, grant,
cooperative agreement, or other ass=
ignment for DHS,
[[Page 77763]]
=
when necessary to accomplish an agency fun=
ction related to this system
of records. Individuals provided in=
formation under this routine use are
subject to the same Privacy=
Act requirements and limitations on
disclosure as are applicabl=
e to DHS officers and employees.
G. To a Federal, State, or local agency, or othe=
r appropriate
entity or individual, or through established liais=
on channels to
selected foreign governments, in order to provide=
intelligence,
counterintelligence, or other information for the=
purposes of
intelligence, counterintelligence, or antiterrorism=
activities
authorized by U.S. law, Executive Order, or other ap=
plicable national
security directive.
H. To an appropriate Federal, St=
ate, tribal, local, international,
or foreign law enforcement ag=
ency or other appropriate authority
charged with investigating o=
r prosecuting a violation or enforcing or
implementing a law, ru=
le, regulation, or order, where a record, either
on its face or =
in conjunction with other information, indicates a
violation or =
potential violation of law, which includes criminal,
civil, or r=
egulatory violations and such disclosure is proper and
consisten=
t with the official duties of the person making the
disclosure.<=
/pre> I. To =
the Bureau of the Census to provide information on foreign
trade=
data.
J. To a Federal agency, pursuant to the International Trade Data
System Memorandum of Understanding, consistent with the receiving
<=
pre>agency's legal authority to collect information pertaining to and/or regulate transactions in international trade.
K. To appropriate Federal,=
State, local, tribal, or foreign
governmental agencies or multi=
lateral governmental organizations
responsible for investigating=
or prosecuting the violations of, or for
enforcing or implement=
ing, a statute, rule, regulation, order, license,
or treaty wher=
e DHS determines that the information would assist in the
enforc=
ement of civil or criminal laws.
L. To a Federal, State, local, tribal, territori=
al, foreign, or
international agency, maintaining civil, crimina=
l or other relevant
enforcement information or other pertinent i=
nformation, which has
requested information relevant to or neces=
sary to the requesting
agency's or the bureau's hiring or retent=
ion of an individual, or
issuance of a security clearance, licen=
se, contract, grant, or other
benefit;
M. To a court, magistrate, or a=
dministrative tribunal in the course
of presenting evidence, inc=
luding disclosures to opposing counsel or
witnesses in the cours=
e of civil discovery, litigation, or settlement
negotiations, in=
response to a subpoena, or in connection with criminal
law proc=
eedings;
N. To third parties during the course of an investigation to the
<=
pre>extent necessary to obtain information pertinent to the investigation;<=
/pre> O. To =
the Department of Justice, the United States Attorney's
Office, =
or a consumer reporting agency for further collection action on
=
any delinquent debt when circumstances warrant;
P. To appropriate Federal, State,=
local, tribal, or foreign
governmental agencies or multilateral=
governmental organizations where
DHS is aware of a need to util=
ize relevant data for purposes of testing
new technology and sys=
tems designed to enhance national security or
identify other vio=
lations of law;
&nbs=
p; 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 local government entity or professional lice=
nsing
authority; or facilitating communications with a former em=
ployee that
may be necessary for personnel-related or other offi=
cial purposes where
the Department requires information or consu=
ltation assistance from the
former employee regarding a matter w=
ithin that person's former area of
responsibility;
R. To an organizati=
on or individual in either the public 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
terrori=
st activity or conspiracy, to the extent the of life or
property=
; and
=
S. To a consumer reporting agency related to owing the U.S.
Gove=
rnment money in accordance with 15 U.S.C 1681 et seq.
=
Disclosure to consumer reporting agencies:
Yes, in accordance wi=
th the provision of 15 U.S.C. 1681 et seq.
Policies and practices for storing, retrieving, accessing, retaining,=
and disposing of records in the system:
Storage: Records in=
this system are stored electronically or on paper in
secure fac=
ilities in a locked drawer behind a locked door. The records
tha=
t are stored electronically are stored on magnetic disc, tape,
d=
igital media, and CD-ROM.
Retrievabil=
ity:
R=
ecords may be retrieved by identification codes and/or name.
Safeguards:
Records in this system are safeguarded in acc=
ordance with
applicable rules and policies, including all applic=
able DHS automated
systems 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 sys=
tem containing the records in this
system is limited to those in=
dividuals who have a need to know the
information for the perfor=
mance of their official duties and who have
appropriate clearanc=
es or permissions. The system maintains a real-time
auditing fun=
ction of individuals who access the system. Additional
safeguard=
s may vary by component and program.
=
Retention and disposal:
&n=
bsp; The Importer Security Filing is retained for fifteen year=
s from
date of submission unless it becomes linked to active law=
enforcement
lookout records, CBP matches to enforcement activit=
ies, and/or
investigations or cases (i.e., specific and credible=
threats;
individuals, and routes of concern; or other defined s=
ets of
circumstances) for which it will remain accessible for th=
e life of the
law enforcement matter to support that activity an=
d other enforcement
activities that may become related. All othe=
r records are maintained
for a period of six years from the date=
of entry.
System Manager and address=
:
Dire=
ctor, Office of Automated Systems, CBP Headquarters, 1300
Pennsy=
lvania Avenue, NW., Washington, DC 20229 is responsible for all
=
data maintained in the files.
Notific=
ation procedure:
&nb=
sp; Individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its cont=
ent,
may submit a request in writing to CBP's FOIA Officer, 1300=
Pennsylvania Avenue, NW., Washington, DC 20229. If an individua=
l
believes more than one component maintains Privacy Act records=
concerning him or her the individual may submit the request to =
the
Chief Privacy Officer, Department of Homeland Security, 245 =
Murray
Drive, SW., Building 410, STOP-0550, Washington, DC 20528=
.
When=
seeking records about yourself from this system of records or
a=
ny other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must firs=
t
verify your identity, meaning that you must provide your full<=
/pre>
[[Page 77764]]
<=
/o:p>
name, current address and date and place of birth. You must=
sign your
request, and your signature must either be notarized =
or submitted under
28 U.S.C. 1746, a law that permits statements=
to be made under penalty
or perjury as a substitute for notariz=
ation. While no specific form is
required, you may obtain forms =
for this purpose from the Director,
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=