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

This is Part XV 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:

Accuracy of arrival date & time for rail cargo. According to CBP, some commenters wanted it made clear that a railroad was only required to provide the scheduled date and time of arrival "to the best of its knowledge," and that a railroad should not be penalized or held responsible should that date and time prove inaccurate within some reasonable time frame.

CBP responds that the railroad carrier must provide the scheduled date and time of arrival to the best of its information, knowledge and belief at the time that this information is filed. However, carriers will be held responsible for failure to keep CBP informed of any changes in this information as it becomes available.

Accuracy of rail cargo information obtained from other party. CBP states that a comment suggested that if the rail carrier electronically presenting the cargo information receives any of this information from another party, the rail carrier should not be held responsible for the inaccuracy of any information supplied by that other party.

In response, CBP disagrees and states that it is bound by the statutory standard repeated in 19 CFR 123.91(c)(2) against which the potential liability of a rail carrier would effectively be gauged in presenting inaccurate cargo data to CBP that had been acquired from another party.

(19 CFR 123.91(c)(2) states that where the rail carrier electronically presenting the cargo information required in 19 CFR 123.91(d) receives any of this information from another party, CBP will take into consideration how, in accordance with ordinary commercial practices, the rail carrier acquired such information, and whether and how the carrier is able to verify this information. Where the rail carrier is not reasonably able to verify such information, CBP will permit the carrier to electronically present the information on the basis of what the carrier reasonably believes to be true.)

Data transmission via Rail AMS for multiple shipments. According to CBP, a comment stated that it was important that Rail Automated Manifest System (AMS) be able to manage multiple shipment data. CBP would need to coordinate implementation of this aspect of the process with all elements of the supply chain and with U.S. trading partners.

Specifically, the comment stated that the requirement that the rail carrier supply information from the house bill of lading was problematic because in most cases, railroads would only have the capability of receiving one bill of lading, which would generally be a master bill of lading. Also, if the railroad had a container holding several consolidated shipments with individual house bills associated with each shipment, even if the railroad had the capability of receiving the individual house bills, information from such bills could not be transmitted to CBP inasmuch as Rail AMS could only handle the transmission of one bill of lading in association with the cargo manifest data for that one shipment.

CBP responds that it is currently reviewing Rail AMS programming requirements to release the edit that only allows one bill of lading per shipment, which will enable house bills of lading to be utilized in the rail environment. In addition to possible programming changes, CBP states that it is reviewing the prospect of authorizing other parties to transmit information via Rail AMS, which would further facilitate the submission of the house bill of lading information that is required on all shipments.

CBP states that should it decide to allow another electronic filer to voluntarily present house bill information for a shipment through Rail AMS, a test program notice to this effect would first be published in the Federal Register, pursuant to 19 CFR 101.9(b) and (b)(1), inviting public comments on any aspect of the proposed test and informing interested members of the public of the basis for selecting participants, the eligibility criteria for participation in the test, and the effect of such participation on the responsibilities of incoming rail carriers for the transmission of required advance cargo data to CBP.

(See ITT's Online Archives or 01/05/04 news, 04010510, for Part XIV of this series. See ITT's Online Archives or 12/09/03 news, 03120915, for Part II, which includes a list of 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