import (EP1) (EP3) (EP5) (EP7) - CCBFA

1 To assist filers to prepare for the EPA ACE Mandatory Filing Date the following guidance is being provided: The Harmonized Tariff Schedule (HTS) flagging for all EPA import programs for all filers will be enforced. 1. The EPA tariff flags are set to odd numbers to allow for disclaimers. EPA import Ozone Depleting Substances (ODS) (EP1) EPA Imports Vehicles & Engines (V&E) (EP3) EPA Imports, Pesticides (NOA) (EP5) EPA Imports Toxic Substance Control Act (TSCA) (EP7) The importer is responsible for knowing what to file, regardless of whether a tariff code has been flagged! 2. All Filer Codes will be activated for EPA Programs when the HTS codes are enforced.

2 3. Business Rules that align to the EPA CATAIR supplemental version , published March 22, 2017 will also go into production for Pesticides and V&E on 4/27. One of the main changes is that common errors, such as not providing the test group name/engine family name in the PG14 for V&E declarations, will now be a reject stating the PG14 record is missing rather than an under review. Test Group Name/Engine Family name tip Have the Test Group/Engine Family Name from the label (LPCO Field) -this is the key information that shows an vehicle or engine has been certified and can be imported. Make sure it is correctly formatted include periods or dashes For information on finding the label, please see : 4.

3 You will need to either file PGA message set for each EPA Government Agency Program Code or disclaim as appropriate. Paper filings and disclaims: Submission of paper documents is allowed for filers not using the complete PGA Message Set. However, for a filer proceeding without the PGA Message Set, instead filing via DIS or Paper, the EPA expects a disclaim reason code of C (DIS) or D (Paper). Please note, you need to provide EPAPS1 (registered pesticides) line with the Disclaim C or D in addition to the signed Paper NOA or the DIS image of it, not instead of the signed paper. 5. When uploading documents via DIS for EPA regulated commodities you MUST use the EPA DIS document types or EPA cannot see the documents.

4 Tip: Legible documents consider scanning the Label image in color Environmental Protection Agency (EPA) Agency Code Official Document Name/Description Document Type Document Label Value Use to Submit document via XML to DIS DocCode Use to submit via DIS EPA Importation of Motor Vehicles and Engines (on road) FORM EPA_3520_1_IMPORTER_OF_MOTOR_ V_E_ON_ROAD EPA01 EPA Importation of Motor Vehicles and Engines (off road) FORM EPA_3520_21_IMPORT_OF_MOTOR_V_ E_OFF_ROAD EPA02 EPA NOA (Notice of Arrival of Pesticides and Devices) FORM EPA_3540_1_NOA EPA03 EPA Pesticide Label LABEL EPA_PESTICIDE EPA04 EPA Pre-approved Vehicle/Engine Exemption Letter DOCUMENT EPA_V_E_EXEMPTION EPA05 EPA EPA TSCA Certification CERTIFICATE EPA_TSCA EPA06 EPA Non-objection Notice LETTER EPA_NON_OBJECTION_NOTICE EPA07 EPA (CAA) import of Ozone Depleting Substances (ODS) DOCUMENT EPA_IMPORT OF ODS EPA08 6.

5 ACE Cargo Release messages to expect for a successful filing and an unsuccessful filing of EPA PGA Message sets Ensure you have MAY PROCEED for successful filing not just ACCEPTED TSCA: Successful filing: Accept followed by a May Proceed Unsuccessful filing: Reject (Bucket 1, did not pass CBP edits, full Cargo Release rejection) Pesticides: Successful filing: Accept followed by a May Proceed Unsuccessful filing: Reject (Bucket 1, did not pass CBP edits, full Cargo Release rejection) Unsuccessful filing: Accept followed by a Hold Intact Review (Bucket 2 pass CBP edits but secondary edit failures, CBP may release but LOOK at your results to ensure EPA status is not unsuccessful).

6 While the shipment may have been released, the Hold Intact means the goods should not enter commerce. V&E: Successful filing: Accept followed by a May Proceed Unsuccessful filing: Reject (Bucket 1, did not pass CBP edits, full Cargo Release rejection) Unsuccessful filing: Accept followed by a Data Under PGA Review (Bucket 2 pass CBP edits but secondary edit failures, CBP may release but LOOK at your results to ensure EPA status is not unsuccessful). While the shipment may have been released, the Under Review means the goods should not enter commerce. Tip: Bucket 2 Unsuccessful filings, Accept Hold Intact or Accept Under Review.

7 Look for Obvious errors. Send ACE Cargo Release Replace or PGA Correction as appropriate to fix the data. If no obvious reason for the unsuccessful Accept filing allow 24/48 hours for EPA to review before contacting EPA. Vehicles and Engines (V&E) - Contact to determine if you need to file a V&E Declaration If you are not certain on when to file a V&E declaration (formerly the forms 3520-1 (onroad) and 3520-21 (nonroad)), please check with the V&E hotline. 734-214-4100 Filing V&E PGA Message Set Filer can email EPA the PG message set (can include the EPA forms 3520-1 (onroad) and 3520-21 (nonroad)) for EPA to review and provide filing guidance for new filers or new commodities Email: Disclaiming if you cannot file electronically using the PGA Message Set If you cannot file the PGA message set for the V&E Declaration ( , completing screens in your entry software) you will need to complete a paper declaration that is either scanned as an image uploaded to DIS or provided as paper with the shipment.

8 When you do this you will need to disclaim using one of the following codes: Disclaim Code C = data filed through other agency means (uploading to the document image system (DIS) Disclaim Code D = data filed through paper If you do not need to file V&E Declaration you can disclaim using the disclaim code A= Product not regulated by this Agency Original Equipment Manufacturers (OEMs) who are importing onroad and/or nonroad vehicles and engines with certificates of conformity, are not required to file V&E Declarations, but must file the disclaim reason code "B Data Not Required per Agency Guidance." The V&E webpage has been updated and can be found at: The OEM Guidance can be found at EPA Pesticides Contact to determine if you need to file the Notice of Arrival (NOA), on-product label If you are not certain, please check with the EPA Regional import Coordinator for the port through which the goods are being importer to see if a NOA is required to be filed prior to arrival.)

9 Filing EPA Pesticide Message Set Tip: If you are beginning to file after 4/27 for Notice of Arrival (NOA) and would like assistance from EPA, file paper NOA with the appropriate region, contact EPA for a call to transmit the PGA message set. This will ensure a number of different aspects of the processing are working correctly such as the filing is complete and correct, EPA business rules are firing correctly, appropriate reference data ( , registration numbers) are on file and no issues arise with HTS changes for example. These calls are recommended when you are beginning to transmit or have a new commodity/importer. Filing EPA NOA Message set no longer will need to file Paper NOA, DIS is only used for uploading the Pesticide Label Tip: Scan the Label in COLOR to ensure best quality scan image Disclaiming if you do not need to file If you do not need to file a pesticide Notice of Arrival you can disclaim using the disclaim code A = product is not regulated by this agency PGA Message Set filer is not required to provide a TSCA negative certification when filing for pesticide imports regulated under FIFRA.

10 Filer can disclaim TSCA in this scenario by using disclaim code A= Product not regulated by this Agency Disclaiming if you cannot file electronically using the PGA Message Set If you cannot file the PGA message set for the Notice of Arrival ( , completing screens in your entry software) you will need to file the paper process with the appropriate EPA region for the port of entry for the shipment prior to arrival. You will need to provide CBP the EPA-signed NOA with the entry or shipment. When you do this you will need to disclaim using one of the following codes: Disclaim Code C = data filed through other agency means (uploading to the document image system (DIS)) Disclaim Code D = data filed through paper All of these filing will be check by the CBP port officers and as needed by the EPA Regional import Coordinator Please note, you need to provide EPAPS1 (registered pesticides) line with the Disclaim C or D in addition to the signed Paper NOA or the DIS image of it, not instead of the signed paper.