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Up until Monday, February 8th, it was understood that on February 28th, CBP entries, and those filed with the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and the Animal and Plant Health Inspection Service (APHIS) (Lacey Act) would all have to be filed through ACE. Thirteen more PGAs were scheduled to come on-line in July 2016, full implementation for all remaining electronic portions of the CBP cargo process was scheduled for October 2016 and ACE for all agencies and all purposes would be operational by December 2016. Then, on Monday February 8, CBP responded to the multitude of concerns expressed by the trade community and other stakeholders and conceded it is better to be safe than sorry, meaning there will be further delays in the deadlines for certain phases to be implemented with the Automated Commercial Environment (“ACE”). Beyond certain elements to be in place at later dates, the most striking change is the complete removal of Food and Drug entries from the timeline. It is expected FDA will be operational in ACE by November 2016, but that is just an estimate and is really cutting it close! The February 28, 2016 deadline remains in place but on a much more limited basis. Specifically on that date, CBP will begin to narrow the services available through the legacy Automated Commercial System (“ACS”) to consist of the Client Representative and Technology Service Desk; performing ACS maintenance during peak business hours; and providing processing priority to ACE entries where corresponding ACS entries are still available. Read the full MSK article here

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