CBP's Second Version of its FAQ on Mandatory Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has issued a March 1, 2004 version 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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Although CBP states that its March 1, 2004 version reflects the revision of eight FAQs (1, 2A, 3A, 3B, 5, 7B, 9, 27) and the addition of new FAQs 41 and 42, there is no FAQ 3B.
The March 1, 2004 version also makes clear that this FAQ is for inbound cargo only.
This is Part II, the final part of a two-part series of summaries of the revised and new FAQs in the March 1, 2004 version, and covers revised FAQs 3A, 5, 7B, 9, 27, as well as new FAQs 41 and 42 for the vessel mode.
FAQ 3 - Carrier Automation
CBP has amended its answer to the question of who is required to automate by renumbering FAQ 3 as 3A and replacing a reference to carriers with a more specific reference to "sea carriers."
FAQ 5 - Definition of Carrier
CBP has modified its definition of carriers who need to obtain an Activity Code 3 International Carrier's bond in FAQ 5 in order to specify that once a carrier has obtained a continuous bond it is valid for all conveyances controlled by the bonded entity. (CBP's previous version of FAQ 5 did not include the word "continuous" in this phrase.)
CBP has also added a clarifying sentence to FAQ 5 which states that an Activity Code 3 International Carrier single transaction bond is only valid for one entrance and one clearance for one transaction (e.g., voyage, flight, or trip) at one port.
FAQ 7B - Bonds
CBP has modified its description of who must obtain an international carriers bond by adding a clarifying sentence to FAQ 7B which states that an Activity Code 3 International Carrier single transaction bond is only valid for one entrance and one clearance for one transaction (e.g., voyage, flight, or trip) at one port.
FAQ 9 - Empty Containers
CBP has modified its answer to the question on the procedures for the movement of instruments of international traffic (IITs) in FAQ 9 by distinguishing between empty containers on board vessels and empty containers for truck carriers.
As modified, FAQ 9 now refers the trade community to new FAQ 42 for empty containers on board vessels and indicates that its FAQ 9 answer applies to truck carriers. (CBP's first version of this FAQ indicated only that the answer applied to carriers.)
FAQ 27 - Carriers (Vessel Mode)
CBP has modified its definition of carriers in the vessel mode in order to specify that once a carrier has obtained a continuous [Activity Code 3 International Carriers] bond it is valid for all vessels controlled by the bonded entity. (CBP's previous version of FAQ 27 did not include the word "continuous" in this phrase.)
CBP has also added a clarifying sentence to FAQ 27 which states that an Activity Code 3 International Carrier single transaction bond is only valid for one entrance and one clearance for one transaction (e.g., one voyage) at one port.
FAQ 41 - Vessels Arriving In Ballast or To Take on Bunkers (Vessel Mode)
CBP has added a new FAQ 41 which answers the question of whether vessels arriving in ballast (or to take on bunkers only) are required to electronically transmit a "nil" cargo manifest.
According to CBP, vessels arriving empty (to lade only) are not required to electronically transmit a "nil" cargo manifest. However, if the vessel is carrying empty containers for discharge in the U.S. or foreign remaining on board cargo (FROB), the containers and/or FROB must be manifested (see FAQs 42 and 39F).
CBP further states that pursuant to 19 USC 1441, vessels arriving for the purpose of taking on bunker coal, bunker oil, sea stores, or ship's stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship's stores are exempt from vessel entry and clearance procedures, including AMS reporting requirements.
FAQ 42 - Empty Ocean Containers (Vessel Mode)
CBP has also added a new FAQ 42 regarding empty ocean containers. In response to the question of when cargo declaration (CF 1302) data must be transmitted for empty containers, CBP states that cargo declaration information for bills of lading consisting solely of empty containers must be received by CBP in the Automated Manifest System (AMS) 24 hours prior to the arrival of the vessel for voyages 24 hours in duration or more. For voyages less than 24 hours in duration, the cargo declaration information must be received by CBP in AMS at the time of sailing.
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