19 USC 1411 - National Customs Automation Program

U.S Code last checked for updates: Apr 26, 2024

§ 1411.

National Customs Automation Program

(a)

Establishment

The Secretary shall establish the National Customs Automation Program (hereinafter in this subpart referred to as the “Program”) which shall be an automated and electronic system for processing commercial importations and shall include the following existing and planned components:

(1)

Existing components:

(A)

The electronic entry of merchandise.

(B)

The electronic entry summary of required information.

(C)

The electronic transmission of invoice information.

(D)

The electronic transmission of manifest information.

(E)

Electronic payments of duties, fees, and taxes.

(F)

The electronic status of liquidation and reliquidation.

(G)

The electronic selection of high risk entries for examination (cargo selectivity and entry summary selectivity).

(2)

Planned components:

(A)

The electronic filing and status of protests.

(B)

The electronic filing (including remote filing under section 1414 of this title) of entry information with the Customs Service at any location.

(C)

The electronic filing of import activity summary statements and reconciliation.

(D)

The electronic filing of bonds.

(E)

The electronic penalty process.

(F)

The electronic filing of drawback claims, records, or entries.

(G)

Any other component initiated by the Customs Service to carry out the goals of this subpart.

(b)

Participation in Program

(c)

Foreign-trade zones

(d)

International Trade Data System

(1)

Establishment

(A)

In general

(B)

Purpose

(C)

Participation

(i)

In general

(ii)

Waiver

(D)

Consultation

(E)

Coordination

(2)

Data elements

(A)

In general

(B)

Commitments and obligations

(3)

Interagency Steering Committee

(4)

Information technology infrastructure

(A)

In general

The Secretary shall work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that each agency—

(i)

develops and maintains the necessary information technology infrastructure to support the operation of the ITDS and to submit all data to the ITDS electronically;

(ii)

enters into a memorandum of understanding, or takes such other action as is necessary, to provide for the information sharing between the agency and U.S. Customs and Border Protection necessary for the operation and maintenance of the ITDS;

(iii)

not later than June 30, 2016, identifies and transmits to the Commissioner of U.S. Customs and Border Protection the admissibility criteria and data elements required by the agency to authorize the release of cargo by U.S. Customs and Border Protection for incorporation into the operational functionality of the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title; and

(iv)

not later than December 31, 2016, utilizes the ITDS as the primary means of receiving from users the standard set of data and other relevant documentation, exclusive of applications for permits, licenses, or certifications required for the release of imported cargo and clearance of cargo for export.

(B)

Rule of construction

(5)

Report

The President shall submit a report before the end of each fiscal year to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Each report shall include information on—

(A)

the status of the ITDS implementation;

(B)

the extent of participation in the ITDS by Federal agencies;

(C)

the remaining barriers to any agency’s participation;

(D)

the consistency of the ITDS with applicable standards established by the World Customs Organization and the World Trade Organization;

(E)

recommendations for technological and other improvements to the ITDS; and

(F)

the status of the development, implementation, and management of the Automated Commercial Environment within the United States Customs and Border Protection.

(6)

Sense of Congress

(7)

Construction

(8)

Definition

(June 17, 1930, ch. 497, title IV, § 411, as added Pub. L. 103–182, title VI, § 631(2), Dec. 8, 1993, 107 Stat. 2188; amended Pub. L. 106–36, title II, § 2405, June 25, 1999, 113 Stat. 169; Pub. L. 107–210, div. A, title III, § 338, Aug. 6, 2002, 116 Stat. 980; Pub. L. 109–347, title IV, § 405, Oct. 13, 2006, 120 Stat. 1929; Pub. L. 114–125, title I, § 107, Feb. 24, 2016, 130 Stat. 135.)

cite as: 19 USC 1411