AMS, APHIS Announce ACE PGA Message Set Pilots for Imports Subject to Marketing Orders, Lacey Act

The Department of Agriculture’s Animal and Plant Health Inspection Service and Agricultural Marketing Service are soliciting participants for pilot programs testing filing and release through the Automated Commercial Environment (ACE). The APHIS pilot (here) will test the electronic submission of Lacey Act import declaration data for imports of plant and plant products. The AMS pilot (here) will test electronic submission of data required for fruits, vegetables and specialty crops subject to federal marketing orders.

Although neither of the two notices list a firm start date for the respective pilot programs, they both refer to a CBP schedule of ACE pilot programs that says the two pilots will begin in August (here). A CBP official recently said the pilots will begin on Aug. 19, alongside the majority of the other ACE pilot tests for agencies subject to the Nov. 1 deadline for ACE cargo release and entry summary (see 1507300076).

Under the AMS pilot, brokers and self-filing importers will use the agency’s PGA message set to file notifications of arrival of commodities subject to marketing orders. Currently, filers submit entry documentation or an invoice to AMS, which then stamps it based on whether the commodity is exempt from inspection or an inspection is required. After the form is returned to the filer, the filer then submits the form to CBP. In the PGA message set pilot, no paper will be used. Instead, ACE will examine the PGA message set data provided by the filer to determine whether an inspection is required to ensure the commodity complies with the relevant marketing order’s grade, size, quality and maturity requirements, and notify CBP and AMS accordingly.

The APHIS pilot will test electronic filing of data elements currently required on the Lacey Act Plant and Plant Product Declaration (PPQ Form 505 and 505B Supplemental Form). Only the agency’s PGA message set may be used; the data may not be transmitted using CBP’s Document Imaging System (DIS), said APHIS). Required data elements will include the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from which the plant was harvested. Once the relevant agencies have reviewed the shipment and issued a “may proceed,” CBP will send a “single U.S. Government release message to the filer indicating that CBP has conditionally released the goods,” said APHIS.

Each pilot will initially only be conducted at certain ports of entry, as listed in CBP’s PGA message set pilot implementation schedule. Requests to participate in the APHIS pilot should be emailed to lacey.act.declaration@aphis.usda.gov, with the subject line “Request to Participate in PGA Message Set Test.” Any filer seeking to participate in the AMS pilot should contact its CBP client representative, or email Richard Lower at Richard.Lower@ams.usda.gov with the subject line "AMS PGA Message Set Test FRN-Request to Participate.”

(Federal Register 08/06/15)