CBP's Final Rule on the Advance Electronic Presentation of Cargo Information (Part XIII - CBP Responds to Comments)

This is Part XIII of a multi-part series of summaries of this final rule, and highlights some of CBP's responses to comments on the proposed rule, as follows:

Split air shipments. CBP states that when an incoming air carrier elects to split a master air waybill into multiple arrivals, the carrier will be required to transmit to CBP a number of additional data elements for each house air waybill covered by the master air waybill record. Specifically, the carrier will be required to transmit the house air waybill number, certain transportation and arrival information, the manifested and boarded quantities, and the manifested and boarded weights, as indicated in 19 CFR 122.48a(d)(3) (Additional cargo information from air carrier; split shipment).

(CBP notes that proposed 19 CFR 122.48a(d)(3) dealing with the summary manifesting of letters and documents was deleted from this final rule and will be the subject of a separate Federal Register publication).

CBP also states that further technical specifications regarding the issue of split shipments will be provided in the Air Automated Manifest System (AMS) technical guidelines.

Code/identifier for incoming air cargo handled at local transfer facility. According to CBP, a question arose as to whether the deconsolidator's Facilities and Information Resources Management System (FIRMS) code or the carrier's identifier would be needed for incoming air cargo that would be handled through a local transfer facility, and whether such information could be transmitted after arrival of the air cargo.

CBP responds that a FIRMS code is the necessary data element for cargo that would be transferred to a deconsolidator or a Container Freight Station (CFS) within the limits of the port. Should the cargo be intended for transfer to another carrier's station within the port, the code of that carrier is required. CBP states that 19 CFR 122.48a(d)(1)(xvii) includes this additional explanation.

Inaccurate air cargo data may be corrected from any location. In response to a question asking whether an electronic transmission to correct inaccurate data could be initiated from the port of destination when the initial electronic transmission occurred at the point of departure for the U.S., CBP states that any party supplying information will be able to correct such information, regardless of the station from which its transmission electronically originated.

Changes to air cargo information already submitted. In response to comments seeking clarification as to the procedure for making any changes to the cargo information already transmitted for a flight, CBP states that complete and accurate information would need to be presented to CBP for cargo laden aboard the aircraft no later than the applicable time specified in 19 CFR 122.48a(b) (Time frame for presenting data). CBP adds that the procedures for amending the cargo declaration, including discrepancy reporting, will be the subject of a separate rulemaking.

Air cargo transiting the U.S. In accordance with 19 CFR 122.48a(a)(1) (Cargo remaining aboard aircraft, etc.), CBP states that cargo that transits the U.S., whether or not it is unladen from the aircraft, is subject to the advance reporting requirements of the regulation. Technical requirements to report such information electronically will be specified in the Air AMS technical manual.

Air cargo information may be sent from any location. Since a filer could be a party with a CFS location or a FIRMS code, commenters inquired as to whether this implied that the advance cargo transmission would have to be made from a particular U.S. location. CBP responds that the electronic air cargo information may be sent from any location, provided that the electronic filer is one of the parties specified in 19 CFR 122.48a(c)(1) (Other filer).

Air AMS specifications & testing protocol to be posted on CBP Web site. In response to a comment asking when the Air AMS specifications and testing protocol would be made available to the trade, CBP states that it will post the Air AMS specifications and testing protocols on its Web site as soon as possible. According to CBP, such specifications and testing protocols will set forth the programming and operational details of the system.

(See ITT's Online Archives or 12/31/03 news, 03123120, for Part XII. See ITT's Online Archives or 12/09/03 news, 03120915, for Part II, which includes CBP contacts.)

CBP final rule (CBP Dec. 03-32), FR Pub 12/05/03, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-29798.pdf