High-Level Consideration of ACE Delays Expected Soon, NCBFAA Says

Deputy secretaries from several federal agencies will soon consider revising the required use dates for some Automated Commercial Environment capabilities, said Geoff Powell, president of the National Customs Brokers & Forwarders Association of America in an Aug. 14 email. "In speaking with the Department of Homeland Security (DHS) last week, we were advised that Deputy Secretaries from several Departments will soon be discussing the ACE path forward, and understand that the White House will be making a decision in the coming weeks on whether to modify CBP's current transition plan," he said. CBP said on July 30 it had not formally recommended a delay to the ACE timelines (see 1507300004).

Powell expects at least some use of ACE to be required as of Nov. 1. "I will say with certainty that I personally believe that on November 1st, at a minimum, there will be a requirement that all brokers will have to use ACE for those entry summaries that have been functioning for quite some time, and possibly be required to use ACE Cargo Release for specified entries," he said. At this time, I believe it is too soon to advise on when you will be required to use ACE for those shipments that require Partner Government Agency attention."

Powell advised the industry to continue to join ACE despite the uncertainty. "Although it appears we are in a holding pattern until this decision is made, please do not think that this decreases the urgency of all brokers and forwarders to get on ACE now," he said. The NCBFAA recently requested that CBP delay the required use date for entry summary and cargo release filings (here), as did the Trade Leadership Council (see 1506300016 and the Advisory Committee on Commercial Operations (see 1507290066). CBP didn't immediately comment.