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Industry Circular: 15-01

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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Industry Circular

Number: 2015-01
Date: May 15, 2014

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Automated Commercial Environment Pilot Program; Alternate Method for Participants to Fulfill TTB Requirements for Importation

To: All Importers of Distilled Spirits, Wine, Beer, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes, and U.S. Government and Industrial Alcohol Users, Who Are Participating in the Automated Commercial Environment Pilot Program.

1. Purpose.

In a Federal Register notice published on August 7, 2015 (80 FR 47558), the Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a pilot program to test the collection and transfer of certain import data through the Automated Commercial Environment (ACE), which is maintained by U.S. Customs and Border Protection (CBP) This pilot is part of TTB's effort to implement the International Trade Data System (ITDS). The pilot program is open to importers of distilled spirits, wine, beer, tobacco products, processed tobacco, and cigarette papers and tubes, and U.S. government and industrial alcohol users (referred to in this document, collectively, as "importers").

This industry circular describes how importers participating in the pilot program will submit specific information through ACE, either as an approved alternative to procedures prescribed in the TTB regulations or as a means to fulfill or demonstrate compliance with regulatory requirements. Importers must apply to participate in the pilot program; approval of an application will constitute approval to satisfy regulatory requirements through the method described here.

2. Background on the International Trade Data System, the Automated Commercial Environment, and the Pilot Program.

ITDS is an interagency program to establish a single electronic access point (or "single window") through which importers and exporters may submit the data required by government agencies for international trade transactions. The Security and Accountability for Every Port Act of 2006 (SAFE Port Act, Pub L. 109-347) mandated participation in ITDS for all agencies that require documentation for clearing or licensing the importation and exportation of cargo. On February 19, 2014, the President issued Executive Order 13659, "Streamlining the Export/Import Process for America's Businesses," which mandated that CBP complete ITDS, and partner agencies begin using it, by December 31, 2016.

TTB is working with CBP as a Partner Government Agency (PGA) to implement ITDS for the importation and exportation of alcohol and tobacco products subject to TTB's regulatory authority. TTB has worked with CBP to develop a PGA Message Set in ACE for the collection of TTB-specific import data. Each PGA Message Set defines the agency-specific information that importers will submit directly through the Automated Broker Interface (ABI), which transfers data into ACE as part of the CBP entry process. TTB has prepared a document, the ACE Filing Instructions for TTB-Regulated Commodities (Filing Instructions), which sets forth TTB's PGA Message Set (the TTB Message Set) and describes how to input the TTB-specific data elements into ACE through the ABI.

Along with other agencies, TTB will participate in a CBP pilot test for collecting information using the TTB Message Set in ACE. The goal of the pilot program is to allow TTB, CBP, and importers to prepare for an efficient transition to ACE.

Industry participation in the pilot program is entirely voluntary, but importers must apply for, and obtain from TTB, permission to participate in the pilot as outlined below. In addition, only industry members who have permits from TTB to import distilled spirits, wine, beer, tobacco products, and processed tobacco; U.S. government and industrial alcohol users who have permits from TTB; and importers of cigarette papers and tubes are eligible to participate. Import brokers or other third parties are not eligible to participate in the pilot. However, an import broker may file data in ACE on behalf of an importer who is approved to participate.

To be eligible to apply for this pilot, importers must have the ability to file ACE entry summaries and ACE cargo releases, and must file entries for the TTB-regulated commodities listed earlier in this document. All pilot program participants are required to use a software program that has completed ACE certification testing for the PGA Message Set.

The pilot program will continue until TTB notifies participants of its termination, after which approval to participate and use the alternate method described below will also be terminated.

To apply to participate in the pilot program, please contact John Kyranos, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; telephone (202) 453-1039, extension 001; or e-mail ITDS@ttb.gov. Applications must be submitted on letterhead and signed by a person authorized to request to use an alternate method on behalf of the TTB-regulated importer.

Questions. If you have any questions concerning this circular, please contact the Regulations and Rulings Division, by phone at (202) 453-2265 or by e-mail at ITDS@ttb.gov.

John Manfreda

John J. Manfreda
Administrator
Alcohol and Tobacco Tax and Trade Bureau

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