FWS to Shift to Series of Tariff Flags, Different ACE Filing Requirements for Each

The Fish and Wildlife Service will soon begin allowing ACE filing of data required by the agency under an approach that includes several tariff schedule flags with differing filing requirements, said Sheila Einswaller, a senior wildlife inspector at the agency, during the National Customs Brokers & Forwarders Association of America Government Affairs Conference Sept. 12 in Washington. FWS recently announced the beginning its pilot (see 1605040023), but the test is not a “live functioning pilot at this time” as FWS is still working with developers and CBP to get business rules in place. Though the timing of live piloting is still unknown, FWS has completed the exercise of dividing the tariff schedule into four “buckets,” with different data element requirements for each based on how likely it is that FWS data is required for any given 10-digit subheading, she said.

FWS will put the 137 subheadings that always require data under the extended data set, or “EDS,” flag, Einswaller said. The second flag, "N scenario / Y scenario," will include tariff codes that cover only animals and fall under FWS jurisdiction but may be exempt from full filing requirements, she said. These flags will require the filer to answer a series of questions that “works through providing us the evidence that a particular commodity is exempt from filing.” For example, one series of questions might ask for the species’ scientific name, then whether it is domesticated. Another may discern whether the product is shellfish that is exempt from FWS filing requirements, Einswaller said.

A third flag includes subheadings that are “very likely” subject to FWS filing requirements but don’t only include animals. These subheadings may also cover plastic, rubber and linen, Einswaller said. For these 667 subheadings, FWS has set up a “certified disclaimer” process whereby products that are not subject to FWS jurisdiction may be disclaimed. The disclaimer will be associated with the importer, “our regulated entity,” rather than the current disclaimer associated with the broker, she said. The rest of the tariff schedule will not be flagged, though FWS “will provide additional guidance of the kind of things we often find that are [FWS-regulated] under these tariff codes, Einswaller said. For example, dyes hardly ever require FWS data, but may in rare cases if the importation is of cochineal insects used to make red food dye, she said.

For any “yes” flag, including the EDS flag, an answer of “yes” for the “N scenario / Y scenario” flag, and the “disclaimer” flag when the product is not disclaimed, the extended FWS data will come into FWS’ eDocs system for processing, Einswaller said. The shipment will have to go through an FWS-designated port, unless a port exception permit is issued. In a change from current practice, FWS will no longer issue port exception permits for ports without FWS personnel, though it may still issue the permits for ports with FWS personnel that are not designated for the commodity in question. Any shipment with a flag that results in a “no,” such as an answer of “no” for the “N scenario / Y scenario” flag or a disclaimer filed on an entry with a “certified disclaimer flag,” will receive an automated "may proceed" from the agency, she said.