CBP's FAQ on Mandatory Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has issued its first version (dated February 12, 2004) of Frequently Asked Questions (FAQ) on its final rule requiring 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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(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 in this first version only pertain to inbound cargo.)
This is Part IX of a multi-part series of summaries of the February 12, 2004 FAQ, and covers FAQs from the "vessel mode" section of the FAQ regarding carriers, clarification of time of transmission of cargo declarations, posting vessel arrival in the Automated Manifest System (AMS), diversion to a foreign port, passenger vessels, and foreign remaining on board cargo (FROB). See future issues of ITT for additional summaries.
FAQ 27 - Carriers (Vessel Mode)
In response to a question regarding the definition of carrier, CBP states that for purposes of carriers who need to obtain an Activity Code 3 International Carrier's Bond, it views the carrier as the entity that controls the vessel. Once a carrier has obtained a bond it is valid for all vessels controlled by the bonded entity.
FAQ 28 - Clarification Of Time Of Transmission Of Cargo Declarations (Vessel Mode)
Regarding the time of transmission for vessel carriers that are not bulk or approved break-bulk and for automated NVOCCs, CBP states that the 24-hour period prior to loading begins from CBP receipt of the information. The information is transmitted to CBP and must pass system edits and validations with a receipt message back to the transmitter to be considered received. CBP notes that this was clarified in a technical clarification to the 24-hour rule published in the Federal Register on January 14, 2003. (See ITT's Online Archives or 01/15/03 news, 03011510, for BP summary of this technical clarification.)
In response to a question regarding the time frame requirements for bulk and break-bulk (exempt) carriers to submit their cargo declaration information to CBP in Sea AMS, CBP states that bulk and CBP approved break-bulk (exempt) carriers will be required to file their cargo declaration in AMS prior to vessel arrival in the U.S. Carriers that have vessel voyages that are less than 24-hours in sailing time from the foreign port of loading to the U.S. are required to file in AMS at the time of vessel departure to the U.S. Carriers with vessel voyages that exceed 24-hours in sailing time are required to file in AMS 24-hours prior to vessel arrival.
FAQ 29 - Posting Vessel Arrival In AMS (Vessel Mode)
In response to the question of whether the carrier is responsible for posting the vessel arrival in AMS, CBP states that carriers are responsible for the vessel auto arrival function in AMS.
(CBP had previously stated in its FAQ 50 in CBP's FAQ on the 24-hour rule for inbound vessel cargo that non-vessel operating common carriers (NVOCCs) are responsible for the vessel arrival function in AMS and that carriers and NVOCCs must develop lines of communication in order to coordinate timely posting of vessel arrivals in AMS. See ITT's Online Archives or 04/21/03 news, 03042120, for most recent BP summary on FAQ 50.)
FAQ 30 - Diversion to a Foreign Port (Vessel Mode)
CBP provides guidance on the diversion of cargo to a foreign port.
(FAQ 30 appears to be substantially similar to FAQ 18 in CBP's FAQ on the 24-hour rule for inbound vessel cargo. See ITT's Online Archives or 12/06/02 news, 02120605, for BP summary of FAQ 18 for the 24-hour rule.)
FAQ 31 - Passenger Vessels (Vessel Mode)
In response to a question regarding whether passenger vessels are subject to the final rule requiring the advance electronic presentation of information pertaining to cargo (sea, air, rail, or truck) prior to being brought into, or sent from, the U.S., CBP states that all vessels that filed cargo declarations (CF 1302) manually must electronically transmit the cargo declarations effective March 4, 2004.
FAQ 32 - Foreign Remaining on Board Cargo (FROB) (Vessel Mode)
CBP provides guidance for foreign remaining on board cargo (FROB).
(FAQ 32 appears to be substantially similar to FAQ 19 in CBP's FAQ on the 24-hour rule for inbound vessel cargo. See ITT's Online Archives or 12/06/02 news, 02120605, for BP summary of FAQ 19 for the 24-hour rule.)
(See ITT's Online Archives or 02/19/04, 02/20/04, 02/24/04, 02/25/04, 02/26/04, 02/27/04, 03/02/04 news, and 03/03/04 news, 04021905, 04022010, 04022410, 04022510, 04022620, 04022715, 04030220, and 04030315, for Parts I-VIII of this multi-part series of summaries. 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