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  5. QB 23-128 – Update to QB 16-128 Quota Processing Information

QB 23-128 – Update to QB 16-128 Quota Processing Information

Background:

This QB 23-128 is an update to the July 2016 QB 16-128 to provide clarity on quota PSC and UC messages and quota. Since July 23, 2016, Quota entry summaries must be filed in the Automated Commercial Environment (ACE) via an AE Automated Broker Interface (ABI) transaction. The EI ABI transaction will no longer be accepted in ACS for adding or updating entry summaries.

ACE Filing Instructions:

Filers electronically transmit ACE entries or entry summaries via Automated Broker Interface (ABI) transaction with all required elements to be eligible for First come First serve FCFS). The ACE system will automatically timestamp the entry summary for date and time of presentation. Filer should review the ACE message set for release once quota is accepted. 

Quota Threshold:

When any Quota reaches threshold and is close to filling, filers will receive a potentially filled UC message. Entries are reviewed and released based on the “Date and Time” of presentation. Prorations are automatically provided via ACE. 

ACE Messages:

An Entry acceptance message is distinct from a Quota acceptance message. Quota entries finalize after daily batching at 8:30PM ET. When an entry is prorated, the entry summary is put in reject status, so corrections may be retransmitted to accept the prorated amount. Failure to do so will result in loss of reserved quota. The prorated amounts are noted on the filers UC message received from ACE.

Quota Openings:

Quota entries for opening moment which oversubscribe at opening moment may be transmitted starting 12 a.m. midnight local time (Port local time) until the 12 p.m. Noon Eastern Time same opening day. For entries presented in timely manner, in proper form successfully transmitted will be batched with times stamp of opening moment generally 12 Noon Eastern Time.

Headquarters will have three business days to review submitted entries for opening moment and resolve any issues.
If a problem is discovered, it is extremely important for the trade to contact HQ Quota Branch at HQQUOTA@cbp.dhs.gov

After the 72 Hour (business days) timeframe has elapsed, ACE will generate a message to the Trade filer/importer with proration amount. If a transfer allotment is requested by the importer a request must be submitted within 5 business days of review (19 CFR 132.13) to HQ Quota Branch for approval. Requests must provide all details needed to complete the transfer allotment.
Filers may create a Non-ABI Manual Entry Summary for manual input into ACE, if the following conditions exist:

  • Preliminary Review for opening moment Quota’s which historically oversubscribe (Per 19CFR 132.12)
  • ACE system issues which prevent the filer from transmitting (e.g., Snow Day)

ACE paper copy submissions may be accepted by the Port of Entry with the following documentation\

  • CBP 7501
  • Rated Invoice with sufficient information
  • CBP 3461
  • All required license, certificates visa etc. (If applicable)

Consideration will be provided to filers where a “Good Faith Effort’ is made and documentation is provided showing activity to make timely transmission for FCFS Quota and Opening Moments events. For transmission issues regarding opening moment, contact HQQUOTA@cbp.dhs.gov (copying the Client Representative) as soon as possible prior to the opening moment.  

General Quota entries will be filed as entry type “02” (or 06, 07, 12, 23, 32, 38, or 52) until Quota is filled. Once Quota is filled at the low rate, filers may submit entry or entry summary as entry type “01”.

ACE Information:


ACE will validate the information for Date of Presentation in proper form per 19CFR 132.11(a) based on the following:

  • Date of Entry Summary was transmitted
  • Date goods arrived Note: Quota will be using the same Arrival date as cargo summary
  • Date in which payment is scheduled or paid (including being placed on statement).

The latest of the three dates will be used as the Presentation Date. If one of the dates is not received, the quota will be held in a” pending status” until the condition is met.

For entry summaries that use a Warehouse Withdrawal entry type the “Presentation Date” will be derived using the following criteria:

  • Date the entry summary was transmitted
  • Date in which payment is scheduled or paid (including being placed on statement).

The latest of these two dates will be used as the “Presentation Date”. If one of the dates has not been received, the quota line will hold in a “Pending “status until the condition is met.
The Trade is encouraged to utilize the Document Imaging System (DIS) functionality for ACE document submissions to CBP. 

Additional Guidance:

Post Summary Corrections:

For entries/entry summaries filed in ACE with quota, the electronic PSC procedures will continue to be followed. It is not permissible to change a non-quota entry type to a quota entry type via PSC. The ACE Entry Summary Business Rules and Process Document nor the guidance on CBP’s  https://www.cbp.gov/trade/programs-administration/entry-summary/post-summary-correction permit such change, nor has the PSC test (as established in 76 FR 37136) been amended to encompass this ability.

Cancellations: 

Cancellations of entries with quota is a two-step process.
To cancel the quota lines , an email request must be submitted to HQQUOTA@cbp.dhs.gov to cancel the quota lines and reject the filer's entry summary. The filer then needs to submit an ACE cancellation to cancel the entry summary. Note that quota cannot be added to an entry after the quota period has closed per 19 USC 132.13 (b) Closing of the quota. Except as provided by § 132.12, at the closing of a quota all entries or withdrawals for consumption which have acquired quota status due to priority of presentation shall be entitled to quota benefits. All other entries or withdrawals are without quota status and are not entitled to any quota benefits. All the latter shall be disposed of in accordance with § 132.5.

If you have any questions, or comments concerning this information please contact HQQUOTA@cbp.dhs.gov. Thank you.
 

Last Modified: Jun 29, 2023