NCBFAA Urges 'Soft Enforcement' Period After August Deadline for APHIS Core Filing in ACE

The Animal and Plant Health Inspection Service should allow for a “soft enforcement” period following its deadline for ACE filing of APHIS Core partner government agency (PGA) data in August, the National Customs Brokers & Forwarders Association of America said in comments to the agency dated March 4. While the Aug. 3 deadline proposed by the agency allows enough time for brokers to get ready for mandatory filing (see 2001310042), some flexibility in implementation would “guard against unwelcome disruptions in trade,” the NCBFAA said.

APHIS Core filing in ACE will present a particular challenge for customs brokers, who will now be handling data that was previously sent directly from shippers to APHIS, the NCBFAA said. “Up until now, the data for APHIS-Core products was provided on a paper document provided by the shipper. Customs brokers did not need to know the genus and species of a product or the taxonomic identifier, for example. In fact, for most brokers, this type of highly technical information is very unfamiliar and not readily available to them,” the trade group said.

As a result, brokers will have to prepare by evaluating and understanding the information that is needed, and then reaching “down the supply chain to coordinate with the importer and the shipper to gather these data elements in a timely and efficient way,” the NCBFAA said. “In many cases, brokers must coordinate with importers to receive electronic data feeds into our systems to review and transmit to CBP and the PGAs. This requires IT resources from both the importer and the broker to establish a compliant data flow.”

That takes time, and while the NCBFAA will be doing “everything possible to help customs brokers prepare,” many of its members “will be struggling as they seek to master the complex data requirements,” it said. “With ‘soft enforcement,’ the automated system would need to be capable of allowing a filer to revert to a paper option if he is unable to submit all the information electronically on a particular shipment,” the NCBFAA said.

If APHIS decides not to allow a “soft enforcement” period, it should at least “set up a ‘war room’ staffed by technical experts who can work hands-on to resolve issues as they occur,” it said. And APHIS should be monitoring “the pace of electronic filings” to assess trade community readiness in the run-up to the deadline. “As August 3 approaches, APHIS must be reasonably confident that the trade is ready before implementing a hard and fast mandatory ACE filing requirement for the APHIS-Core Message Set.”