1. Texas Customs Brokers Conference. Nelson Calzadilla MBA, LCB, CCS
ACS Reconciliation
Texas Customs Brokers Conference.
Nelson Calzadilla MBA, LCB, CCS

2. Reconciliation
Reconciliations are used to adjust information which was not Determined/ available at the time of entry.
Adjustments are limited to the following issues:
Value
HTS 9802
Classification ( on a limited basis)
NAFTA and US-CFTA

3. Reconciliation flag
ACS Reconciliation allows importers to file entry summaries using the best available information and electronically flag the estimate data with the understanding that customs will receive the actual information on or before the due date.
Individual flag: each entry is flagged on the header record at time of filing. Individual flag will override a blanket flag.
Blanket flag: A flag is added to all entries made under the IOR at all ports.
If this option is chosen, then all entries must be closed by a reconciliation even if not change or adjustments are needed.
Liquidated damage penalty: LDP will result for flagged entries for which a timely recon was not filed

4. Reconciliation Eligibility
The following entry types are eligible:
Entry type 01 : free and dutiable formal entries
Entry type 02: Quota/visa
Entry type 06: FTZ entries.
Quota entries are not eligible for HTS recons
FTZ entries with AD/CD not eligible
FTZ with NAFTA-CFTA, product must have qualified for NAFTA-CFTA when it entered the FTZ.

5. Reconcilable issues
Value: this include all value issues such as Assists, royalties, computed value, and indirect payments.
HTS code 9802: this refers to the value aspect of the 9802 provision.
Classification: for pending administrative ruling, protest or pending court action. Other classification issues are not permitted.
NAFTA-CFTA: Claim eligibility

6. Non Reconcilable issues( cont.)
Issues that can be determined at time of entry should not be included in reconciliation.
Freight charges
Quantity

7. Types of reconciliations
Entry by entry: Detailed submittal, revenue adjustment is provided for each entry summary. Must be used if a refund is claimed.
Aggregate: Consolidates all entries involved in the reconciliation period, does not require the adjustment to be broken down by entry, and applies to absolute increases.
Header, association file and summarized line item are required for both types of flags.

8. Time frames
NAFTA/US-CFTA : 12 months but does not require the filing of a reconciliation, no liquidated damages
All others issues : 21 Months, a reconciliation entry is required even if not adjustments are needed.
No extension to the period, even if some issues remain unresolved ., a timely reconciliation with no changes and a request to withhold liquidation.
Requests to withhold liquidation does not apply to NAFTA claims.

9. Liquidated Damages: Late- File/ No-File
Late file: Reconciliation submitted after 21 months
No File: No reconciliation submitted
NAFTA/US-CFTA reconciliations are optional, but no drawback can be claimed until the flag is removed by the ACS system.
Entries must be submitted with all components (header, associated file, line item data sheet ) and payment. In order to be accepted by CBP

10. Liquidated damages amounts
Not-File: value of flagged entries due during the calendar month or value of the bond.
Option-one amount $100 to 500 offered when all entries on the LD claim are properly reconciled
Late-File: Double the duties, fees and taxes + interest or $1,000 whichever is greater
Option-One amount $100 to 500 depending on number of entries on the LD claim

11. Liquidated Damages: Late- File/ No-File
Money not file: ( filed without payment) Double the duties, taxes, fees + interest or $1000 whichever is greater.
Option-one: $100 to 500 offered after all monies owed have been paid
Money late file (Timely recon, money submitted late) Double the duties, fees and taxes or $1000.

12. Refunds/ payments
Refunds + interest will be issued by CBP within 30 days of liquidation.
All monies due CBP must be deposited by check or ACH at time of reconciliation filing.

13. Refunds/ payments
For entry-by-entry all taxes and fees must be adjusted at the entry summary level.
On aggregate entries duties will be adjusted by multiplying any increase in dutiable value by the rate applicable to the corresponding HTS code
HMF must be adjusted based on any increase in dutiable value for products subject to this fee.
MPF can be calculated using the formula ($485 x number of entries minus MPF already paid)
Or it can be calculated on an individual entry basis and prorate the change through the affected lines

14. Interest due
Entry-by-entry: interest must be calculated for each entry summary and reported in the association file.
Interest accrues from the date the duties were due until the reconciliation is filed with payment
Aggregate: Interest will be calculated using the midpoint of the period covered to the filing date.

15. Liquidation of reconciliation entries.
The liquidation will be posted to the bulletin notice of liquidations, and normal protest procedures apply.
Extension of liquidation: liquidation may be extended at the request of the importer with valid substantiated reasons or by initiative by CBP. Extensions will be granted on a case by case basis.
Re-transmission of adjusted reconciliations: CBP must be notified so they reject the recon entry originally filled. Any additional money must be paid by check.

16. Extensions
Unresolved classifications issues. A reconciliation must still be filed and notify CBP that issue remains open.
CBP may extend the liquidation until matter is resolved, or
CBP may liquidate with the contested classification, the filer may file a protest within 90 days . The protest may be suspended against the issue in question.
Extensions do not apply to NAFTA/US-CAFTA entries

17. Rejection of reconciliations
CBP will reject for changes that need to be made. Any additional money owed must be paid by check.
CBP has thirty days to review and reject entries which were transmitted complete
If reconciliation is rejected prior to the 12/21 month deadline, the importer has remainder of the time or 30 days whichever is greater to resubmit.
If the 12/21 month period has expired, then 30 days to resubmit.
A CF 28 can be used by CBP to request additional documents if needed.

18. Reconciliations
Questions ??
Nelson Calzadilla, MBA.