ACE PEAs to be End on Sept 22, also AD/CV Change for ACS PEAs
U.S. Customs and Border Protection sources state that the agency is still planning to discontinue the use of Post-Entry Amendments (PEAs) for entry summaries filed in the Automated Commercial Environment (ACE), effective September 22, 2011. For entry summaries filed after that date, only Post Summary Corrections (PSCs) will be allowed in ACE.
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PEAs to Continue in ACS, New Requirement for AD/CVD Duties
Sources confirm that PEAs1 will still be used in the Automated Commercial System; however, effective September 22, any PEA that results in an antidumping or countervailing duty (AD/CVD) cash deposit (or bond) being due would have to submit such deposit or bond with the PEA.
CBP has stated that there is no de minimis amount for this requirement and failure to submit the appropriate AD/CVD cash deposit (or bond) could result in liquidated damages.
PEAs Should Not be Used as Means of Submitting a Prior Disclosure
In addition, CBP requests that PEAs not be used to submit a prior disclosure under 19 USC 1592; instead the rules and procedures in 19 CFR 162.74 (available here) should be followed.
1The PEA procedure allows importers to amend entry summaries (not informal entries) prior to liquidation by filing with CBP either an individual amendment letter upon discovery of certain kinds of errors or a quarterly tracking report covering certain other errors that occurred during the quarter.
(See ITT's Online Archives or 06/24/11 news, 11062403, for original ITT summary.)