CBP Issues Second Version of its FAQ on Mandatory Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has issued its second version (dated March 1, 2004) of Frequently Asked Questions (FAQ) and responses regarding 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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CBP states that its March 1, 2004 version reflects the revision of eight questions (1, 2A, 3A, 3B, 5, 7B, 9, 27) and the addition of new questions 41 and 42. The March 1, 2004 version also makes clear that this set of FAQs is for inbound cargo only.
This is Part I of a multi-part series of summaries of the revised and new questions in the March 1, 2004 FAQ, and covers revised FAQ 1 on the required transmission times for inbound conveyances and revised FAQ 2A on the enforcement dates.
FAQ 1 - Required Transmission Times for Inbound Conveyances
The title of FAQ 1 now indicates that it is for inbound conveyances only. In addition, the table in this FAQ is modified by deleting all reference to outbound. For the inbound transmission times, the table is also modified to indicate the timeframes are for having the transmission received by CBP in AMS. The modified table appears below:
Vessel |
| Air |
|---|
| Rail |
| Truck |
FAQ 2A -Enforcement Date
FAQ 2A is significantly modified by the addition of new text to explain how the March 4, 2004 enforcement date for inbound vessel compliance will be implemented, and newly provides a 30-day period of informed compliance, rather than enforcement, for bulk and break bulk vessels (including passenger vessels). The new text and revised table are transcribed below:
Vessels loading on/after March 4, vessels between foreign ports on March 4. Carriers and/or automated NVOCCs will be required to submit an electronic cargo declaration to CBP for all vessels loading on or after March 4, 2004.
Any vessel that is beginning the entire voyage on or after March 4, 2004 must comply with the specified advanced timeframes. Those vessels that are between foreign ports of call on March 4, 2004 are not required to comply with the electronic requirement for that voyage.
CBP has also revised the "vessel" line in the table listing the implementation dates by inbound mode, as follows:
| INBOUND | IMPLEMENTATION DATE |
|---|---|
| Vessel | Voyages Commencing March 4, 2004 or later |
| Air | Delayed from its March 4, 2004 start date 1 |
| Rail | 90-days after FR notice |
| Truck | 90-days after FR notice |
| CAFES | 90-days after FR notice |
Container vessels. Any container vessel that is beginning a voyage on or after March 4, 2004 must transmit cargo declaration electronically utilizing Sea AMS. The CBP will commence enforcement actions on March 4, 2004 for container vessel carriers failing to comply with CBP's December 5, 2003 final rule on the advance electronic presentation of cargo information. The enforcement actions include denial of preliminary entry, issuance of penalties at each port of arrival and denial of unlading.
Bulk and Break Bulk Vessels (Including Passenger Vessels). CBP states that several bulk and break bulk carriers who because they are foreign entities, have been unable to secure an Activity Code 3 International Carriers bond by the automation deadline of March 4, 2004. Therefore, CBP states it will allow a period of informed compliance for 30 days from March 4, 2004. On April 2, 2004, CBP will commence enforcement actions against carriers operating bulk and break bulk vessels that fail to comply with CBP's December 5, 2003 final rule on the advance electronic presentation of cargo information. The enforcement actions include denial of preliminary entry, issuance of penalties at each port of arrival and denial of unlading.
( 1 See ITT's Online Archives or 03/04/04 news, 04030405 for BP summary of the revised enforcement dates for inbound air.)
CBP 2nd version of FAQ Document (dated 03/01/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/tpa_5ffaqs_2edoc/v2/tpa_5ffaqs.doc