In preparation for filing PGA message sets in the CBP ACE system, the NAFTZ developed a working group specifically to address the filing requirements for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). The NAFTZ Board of Directors, staff, and the working group members submitted several letters requesting clarification of filing requirements to both the ATF and TTB Agencies, as well as coordinated and participated on conference calls with key staff members of these Agencies to ensure all areas of concern were addressed and clarified.
The following key points are takeaways from the communications and discussions:
1.ATF Form 6 must be approved by ATF prior to moving defense articles from the port of arrival to an FTZ for admission.
2.The fillable ATF Form 6 may be downloaded from the ATF website at www.atf.gov and filed via paper to the ATF Imports Branch located at 244 Needy Road, Martinsburg, WV 25405 OR via the ATF eForms system at www.atfonline.gov.
3. The ATF Form 6A data must be filed electronically via ACE message set at the time of Type 06 entry/cargo release whether utilizing individual entry or weekly entry procedures. This electronic process will replace the former method of presenting a paper copy of the ATF Form 6A to CBP in order to secure cargo release.
4. Additionally, a completed paper copy of the Form 6A (Sections I and III) must be provided to ATF by the importer within 15 days of release from CBP custody.
5. ATF will not perform reconciliation between the ATF Form 6 and admission filings.
6. Merchandise subject to ATF Regulation must be tracked in FTZ inventory by specific identification. Merchandise may not be tracked and reported for ATF purposes based on the UIN/FIFO reporting methodology.
1.The TTB PGA message set must be reported in ACE at the time of filing the Type 06 entry/cargo release/3461, whether utilizing individual entry or weekly entry procedures.
2.Merchandise subject to TTB Regulation must be tracked in FTZ inventory by specific identification. Merchandise may not be tracked and reported for TTB purposes based on the UIN/FIFO reporting methodology.
The TTB published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 21, 2016, and the final rule on 12/22/16. NAFTZ recommends that all FTZ filers in this industry become familiar with TTB’s final rule. TTB recently published a CSMS message confirming the dates that HTS flagging will be enforced and regarding filing the Disclaim Code “C” to indicate the filer is opting to meet the TTB data requirements through means other than filing the TTB message set through ACE. TTB will begin enforcing the requirements through the HTS flags effective May 18, 2017, in the CBP ACE CERT environment, and June 22, 2017, in the CBP ACE PROD environment.
If you have questions, please contact Erik Autor.