CBP Releases Guidance on Recordkeeping in ACE

CBP posted a policy guidance on recordkeeping requirements in the Automated Commercial Environment (here). "As a matter of policy, CBP will not request an entry filer to produce the data (formerly contained in CBP Forms 7501, 3461, 214 or 7512) that the filer previously transmitted to and was retained by CBP unless CBP has a need for such records," the agency said. If CBP does need such records, the filer can retransmit or provide the data through an ACE report, it said. The guidance applies only to "entries/entry summaries and [Foreign Trade Zone] admissions filed in ACE," said CBP. "Supporting documentation that was used to create the data transmitted to CBP must be maintained by the filer and is not covered by this recordkeeping guidance regardless of whether the entry or FTZ admission was filed in ACE or ACS." CBP also noted that "entry data and information previously presented to and retained by CBP is not subject to a recordkeeping penalty for non-production if such data or information is subsequently requested." The way in which a broker or filer provides copies of the transmissions to the importer of record will be up to those parties, said CBP. The guidance doesn't apply to "the recordkeeping requirements or entry/entry summary production requirements of the United States Court of International Trade," said CBP.