Regulatory Alert: FDA Filing in ACE begins June 15
June 7, 2016
• What is ACE?
ACE stands for Automated Commercial Environment
By the end of CY2016, ACE will become the Single Window – the primary system
through which the trade community will report imports and exports and the US
Government will determine admissibility.
ACE is the Single Window which means manual processes will be streamlined and
automated, paper reporting will be eliminated, and the international trade
community will be able to more easily and efficiently comply with U.S. laws and
regulations.
The US Government adopted a more flexible approach in their rollout of ACE. The
next deployment is scheduled for June 15, 2016.
December 31, 2016 is still the target for full implementation of the ACE Cargo
Release and Entry Summary.
• Who will be using ACE?
All brokers in the USA, including those representing air carriers, will be required to
transmit their cargo release and entry summary to ACE. This includes FedEx Trade
Networks (FTN), the broker for FedEx Express in the USA.
• Is FedEx Express ready for the ACE implementation?
Yes. FedEx Express and FTN have been diligently working with CBP directly to
identify and prioritize issues and solutions with all ACE deployments.
Content Intended For FedEx Express Customers Only
FTN has been the highest volume filer of ACE entries during the entire testing
period.
• How is FedEx Express impacted by the June 15 deployment date?
The addition of the various participating government agencies (PGA) requirements
has necessitated internal software changes for all Customs House Brokers, including
FTN.
FTN has been actively testing ACE filings with all Partner Government Agencies. The
Food and Drug Administration (FDA) is a major PGA that has been thoroughly tested
in the pilot phase. FTN has completed all software changes and has been actively
filing FDA entries in ACE.
Effective June 15, 2016, all filers – including FedEx Trade Networks - will also be
required to file in ACE and no longer permitted to file in ACS the following
transactions:
Electronic entries and corresponding entry summaries, associated with the
following entry types, with FDA data:







01 - Consumption
03 - Consumption - Antidumping/Countervailing Duty
06 - Consumption - Foreign Trade Zone (FTZ) without quota merchandise
11 - Informal
23 - Temporary Importation Bond (TIB)
51 - Defense Contract Administration Service Region (DCASR)
52 - Government – Dutiable
The implementation of these capabilities through ACE means that the following
transactions will no longer be accepted in ACS:
1. Electronic entry summaries (Entry types 01, 03, 11, 23, 51 and 52) with no PGA
data.
2. Electronic entries and corresponding entry summaries (Entry types 01, 03, 06, 11,
23, 51 and 52) with FDA, APHIS Lacey Act or NHTSA data.
3. All electronic entries and corresponding entry summaries (Entry types 01, 03, 06,
11, 23, 51, 52) with FDA, APHIS Lacey Act, or NHTSA data must be filed in ACE,
regardless of other PGA requirements.
Timeline for Implementation: June 15, 2016
References:
Content Intended For FedEx Express Customers Only
ACE Mandatory Use Date June 15, 2016
https://www.cbp.gov/trade/automated/ace-mandatory-use-dates#Jun15
ACE PGA Integration
https://www.cbp.gov/trade/ace/features#field-content-tab-group-tab-5
Final Rule announcing FDA filing in ACE
https://www.federalregister.gov/articles/2016/05/16/2016-11479/noticeannouncing-the-automated-commercial-environment-ace-as-the-sole-cbpauthorized-electronic
Content Intended For FedEx Express Customers Only