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59th World of Wood Convention

The Cosmopolitan of Las Vegas - March, 2015

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State of the Ports Legislative Update Single Window for the Trade Lacey Act/CITES

Sandra Langford-Coty

Vice President

Customs Brokerage Product

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State of the Ports LA/LB

• 10 Ships at Anchor vs. over 30 Ships

• Ships are rotating faster

• 4 cranes working vessels vs. 1 crane

• Expected Time for clean up of

backlog?

• Divert to other ports?

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Port Congestion Issues

ILWU/PMA Contract

Large Vessels

Terminal Space

Local Cargo Rubber Tire Gantry

Random Access Pile

Containers are not on wheels

Picked from the pile as trucker arrives

10 Containers per hour moves

Chassis Shortage

Turn Times

Driver Shortages

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Port Solutions

Utilizing Off Site Dray

“Free Flow” Discharges of 80 or more containers for a specific shipper /

destination “peel off” fashion – next one on the pile

Grey Chassis Fleet

Co-operation with Vessel Owners and Terminal

Operators

Technology – Appointment System with Realistic Times

Pier Pass 2.0

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Trade Legislation Update

Optimism

– Presidents Trade Agenda

– State of the Union Address

– Most pro Trade Dialogue in years

Trade Promotion Authority (TPA)

– The authority of the President to negotiate international trade

agreements

– Congress can approve or disapprove

– Cannot amend or filibuster

– Under an expedited procedure

TPA is essential to negotiate agreements

– Trans Pacific Partnership (TPP)

– US – EU Agreement

GSP

• Long Term Renewal

• Retroactive Refunds?

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Single Window for the Trade

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Single Window for the Trade

Executive Order Established

deadlines for a Single Window

Automated Commercial

Environment (ACE) is the

Technology Platform

International Trade Data System

(ITDS) is a Partnership of

Government Agencies Committed

to the Modernization and

Facilitation of International Trade

47 Partner Government Agencies

Today trade must submit the same

information to multiple agencies,

multiple times in a largely paper

based process (200 forms)

ACE will allow the trade to submit data

required by U.S. Customs and Border

Protection (CBP) and its Partner

Government Agencies (PGAs) to

import or export cargo through a

"Single Window" concept

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ACE Mandatory Dates

Mandatory Date Explanation

Electronic imp/exp manifests, for all modes of transport, must be filed in

ACE

• Import Manifest: Impact is for Air

• Export Manifest:

• Cannot mandate filing in ACE until regulations are published

• Current processes for export manifest will continue to be

supported, but as of 5/1/15, all ELECTRONIC manifests must be

filed in ACE

All electronic entries and entry summaries must be filed in ACE

• Includes Partner Government Agency (PGA) requirements at time of

entry or entry summary

• Paper filings allowed today, e.g., non-ABI, will continue to be supported

All remaining electronic portions of cargo process must be done in ACE

• Protest, Liquidation, etc.

CBP has established three important dates that guide the trade community’s transition into ACE from

Legacy ABI platform

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ACE Entry Summary

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ACE Cargo

Release

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ACE Adoption Rate Monthly Report

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Paperless Document – Submission Options

Document upload for ACE entry summary in the ACE

portal

Message provides the filer the Action Identification Number to upload

the requested documents to the portal.

Document Imaging System (DIS) DIS allows trade partners to submit document images and associated

descriptive meta data to CBP and PGAs in an automated manner using

EDI communication

DIS and ACE cargo release document email process DIS email protocol will be made available for PGA’s as well as Cargo

Release to allow the trade to send documents via email that will move

into the DIS system as if sent via DIS EDI Communication

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Partner Government Agencies (PGAs)

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PGA Integration to ACE

CBP is prioritizing onboarding of those PGAs with release decision

authority to ensure they are integrated with Cargo Release by the

time it becomes mandatory Nov 1, 2015

PGAs who do not play a role in determining cargo admissibility, but

will be receiving data, will be onboarded by the end of 2016

PGA Working Groups

PGA Message Sets and Implementation Guides

PGA Pilots

Additional HTS Flags added to ABI Tariff

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Border Interagency Executive Council (BIEC)

CBP has launched the new

Border Interagency

Executive Council (BIEC)

page on CBP.gov

PGA Pilot Schedule

Outreach Calendar

Frequently Asked Questions

(FAQs)

List of PGAs Involved in the

BIEC

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Are you ACE Ready

• ACE Entry Summary Filings Status

• ACE Cargo Release Participation Status

• What percentage of entries are filed as ACE Entry Summary /

ACE Cargo Release

• Extent of Participation PGA workshops: Importer, Broker or

Software Vendor

• Review PGA Implementation Guides

• Review of PGA Business Rules

• As the trade community, we have an obligation to actively

participate in ACE Cargo Release/Entry Summary/PGA Pilot

Process

• Early adopters of pilots ensure minimal interruption November,

2015

Don’t Wait

MIGRATE!

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ACE SECURE DATA PORTAL

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ACE Secure Data Portal

What is the ACE Secure Data

Portal

Free, web-based access point

designed to connect CBP, Trade

Partners and Partner

Government Agencies

ACE Secure Data Portal

Overview Electronically respond to CBP

Forms 28, 29, and 4647

Create blanket declarations

with nationwide view by CBP AD/CVD non-reimbursement

statements

NAFTA certificates of origin

Affidavit of Manufacture

Importer Certifying Statement

Access AD/CVD case

management and message

Information database

Access Importer Security

Filing (ISF) and progress

reports

Reports

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ACE Secure Data Portal

How To Obtain an

Account:

To establish an

account submit an

ACE portal application

located on the “Using

the ACE Secure Data

Portal” page of

CBP.gov:

http://www.cbp.gov/trade/auto

mated/getting-started/using-

ace-secure-data-portal

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Useful Reports

AM 100 Courtesy Notice of

Liquidation Report

AM 068 Entry Summary Report

ESM 7068 Entry Summary Report

ESM 7025 CBP Forms 28,29,

4647

AM 008 Entry Summary line Detail

Report

ESM 7008 Entry Summary Line

Detail Report

AM 064 Entry Summary Line by

Entry Nbr Report

AR-007 Periodic Statement

Quickview (Importer or Broker)

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ACE TRAINING AND REFERENCE

GUIDES

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ACE Monthly Trade Messages

CSMS Subscription Form

Search CSMS

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ACE Training and Reference Guides

ACE Reports Training

and User Guides

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ACE Outreach Events and ACEopedia

ACEcopedia current and future

development, details the benefits

and status of all deployed ACE

features

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LACEY ACT

FISH AND WILDLIFE &

CITES

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LACEY ACT & CITES

All plants covered under CITES are also covered by Lacey Act. Lacey

covers additional plants that are not yet endangered but are protected by

other laws:

“As of May 22, 2008,

the Lacey Act makes it unlawful to

import, export, transport, sell, receive,

acquire, or purchase in interstate or

foreign commerce any plant, with some

limited exceptions, taken, possessed,

transported or sold in violation of the

laws of the United States, a State, an

Indian tribe, or any foreign law that

protects plants.”

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APHIS to Begin Enforcing Lacey Act Declaration

Requirements for Phase V Products in August, 2015

APHIS is giving importers

until Aug. 6 before it begins

requiring declarations

APHIS will accept comments

until April 7 on products

covered by Phase V

The current list of products

set for enforcement

beginning on Aug. 6

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USEFUL SITES

U.S. Lacey Act and CITES

http://eia-global.org/campaigns/forests-campaign/u.s.-lacey-act/lacey-and-cites

U.S. Lacey Act

http://www.fws.gov/international/laws-treaties-agreements/us-conservation-

laws/lacey-act.html

Federal Register Notice Lacey Act Implementation Plan

http://www.aphis.usda.gov/plant_health/lacey_act/downloads/FederalRegisterNotic

eLaceyActImplementationPlan.pdf

U.S. Lacey Act Resources

http://eia-global.org/campaigns/forests-campaign/u.s.-lacey-act/u.s.-lacey-act-

resources/

Fish & Wildlife / CITES

http://www.cites.org/

http://www.fws.gov/international/cites/

http://www.speciesplus.net/

http://www.fws.gov/international/permits/

U.S. Fish and Wildlife Import Export

http://www.fws.gov/le/businesses.html

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ADD/CVD Useful Sites

United States International Trade Commission

http://usitc.gov/

Scope Information by Country

http://web.ita.doc.gov/ia/CaseM.nsf/136bb350f9b3efba852570d9004ce78

2?OpenView&Start=1&Count=30&Collapse=21#21

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Frequency of Examination

Excessive Exams

Trusted Trader?

C-TPAT

Importer Self Assessment

Broker Known Importer Program (Future)

Consecutive Exams with no findings: Consider Frequency of Examination Inquiry

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QUESTIONS?

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Thank You!

Sandra Langford-Coty

Vice President

Customs Brokerage Product

OHL International

2255 E. 220th Street

Carson, CA 90810

ph: (310) 642-5001

cl: (562) 884-8195

slcoty@ohl.com

www.ohl.com