CBP Issues FAQ on Mandatory Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has posted to its Web site a set of 40 Frequently Asked Questions (FAQ), dated February 12, 2004, concerning its final rule which amended the Customs regulations to require the advance electronic presentation of information pertaining to cargo (sea, air, rail, or truck) prior to its being brought into, or sent from, the U.S.
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CBP sources state that this is the first version of this FAQ, and that it will be updated periodically.
(Although this FAQ states that it covers all modes of cargo transportation, both inbound and outbound, CBP sources note that most of the questions and answers only pertain to inbound cargo.
CBP sources additionally note that the final rule's requirements for all modes of outbound cargo are still expected be implemented concurrent with the completion of the redesign of the Automated Export System (AES) commodity module and the effective date of the Census Bureau's upcoming rulemaking to make AES filing mandatory for all exports.)
This is Part I of a multi-part series of summaries of the February 12, 2004 FAQ, and covers FAQs 1 and 2, as well as transcribes the list of FAQ titles (1-40). See future issues of ITT for additional summaries.
Required Transmission Times and Enforcement Dates
FAQ 1 - Required Transmission Times. CBP states that the required transmission times for each mode transport are as follows:
| Mode | Inbound (Prior to arrival) | Outbound |
|---|---|---|
| Vessel: | 24 hours (before lading) | 24 hours prior to departure from the U.S. port where the cargo is loaded |
| Air: | 4 hours or wheels up for NAFTA and Central and South America above the equator | 2 hours prior to the scheduled departure time of the aircraft from the last U.S. port |
| Rail: | 2 hours | 2 hours prior to arrival of the train at the border |
| Truck: | 1 hour non-Free and Secure Trade (FAST) or 30 minutes for FAST | 1 hour prior to arrival of the truck at the border |
FAQ 2 - Enforcement Dates. CBP states that while the official date for the implementation of the final rule itself is January 5, 2004, within the final rule there are various implementation dates for each mode of transportation (some are not yet specified), as follows:
| Inbound |
|---|
| Vessel |
| Air |
| Rail |
| Truck |
| Customs Automated Forms Entry System (CAFES) |
| Outbound |
Although CBP's FAQ states that the implementation date for inbound vessel is "before March 4, 2004," CBP's final rule states that the implementation date is "on and after March 4, 2004."
*According to the final rule, the compliance date for inbound air shipments is March 4, 2004 unless CBP delays the effective date due to certain system, port-specific training, or participant certification testing delays. In the FAQ, CBP states that the implementation of inbound air is delayed and that interested parties should monitor the Federal Register for the public notice to this effect.
FAQ Titles for All Modes of Transportation
The list of FAQs covered in this section are titled:
Required transmission times
Enforcement date
Automation
Automation - non-vessel operating common carrier (NVOCC)
Carriers
Authorized transmitting party
Bonds
Automation outline
Empty containers
Paperless master in-bond
Public lists - AMS participants
Liability
Paper cargo declaration on board
Equipment change
AMS acknowledgement of receipt of data transmission
Manifest discrepancy
CBP operations
Data element - cargo description
Data element - shipper's name and address
Data element - consignee and to order bills
Data element - seals
Status notifications for cargo examinations
Geographic reach
Recordkeeping
AMS releases
General order
FAQs Titles for Vessel Transport Mode
CBP has included in its FAQ the following list of titles specifically related to the vessel mode of transport:
Carriers
Clarification of time of transmission of cargo declarations
Posting vessel arrival in AMS
Diversion to a foreign port
Passenger vessels
Foreign remaining on board cargo (FROB)
Co-loading
Permits to transfer (PTT)
Data element - Port
Vessel sharing carriers
CF 3171
Second notify party
Vessel agents
Bulk and break bulk cargo
(CBP sources add that for inbound vessel cargo, CBP's FAQ on the 24-Hour rule, which is much more detailed, should also be consulted. For CBP's most recent 24-Hour FAQ, see http://www.cbp.gov/xp/cgov/import/carriers/24hour_rule/ .)
(See ITT's Online Archives or 01/20/04 news, 04012035, for final installment of BP's summary of CBP's response to comments received on the proposed version of this final rule, with links to earlier installments. See ITT's Online Archives or 12/16/03 news, 03121610, for final installment of BP's summary of the final rule's regulations, with links to earlier installments.)
CBP states that interested parties with additional questions that are not included in this FAQ document should write to Manifest.Branch@dhs.gov
CBP FAQ Document (dated 02/12/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/tpa_5ffaqs_2edoc/v1/tpa_5ffaqs.doc
BP Notes
- Subscribers should note that this document inadvertently states that it was revised on February 12, 2004. CBP sources have confirmed that this document was firstissued on that date.
- Although BP has suggested that CBP post this document under the "What's New" section of its Web site (www.cbp.gov), CBP sources state that technology associated with the Web site prevents them for doing so.