CBP's FAQ on Mandatory Advance Electronic Cargo Information Requirements

CBP subsequently issued a March 1, 2004 version of this FAQ.

This is Part X 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 co-loading, permits to transfer, the port data element, and vessel sharing carriers. See future issues of ITT for additional summaries.

(The four FAQs (33-36) addressed in this notice are identical to the FAQs (33-36) in the March 1, 2004 version.)

FAQ 33 - Co-Loading

CBP provides guidance on co-loading, including whether the master non-vessel operating common carrier (NVOCC) is the responsible filing party for all bills of lading in a co-loaded container and whether, if all the NVOCCs in a co-loaded container are automated, each NVOCC can file the information needed from its own bills of lading in the Automated Manifest System (AMS).

(FAQ 33 appears to be substantially similar to FAQ 37 in CBP's FAQ on the 24-hour rule for inbound vessel cargo. See ITT's Online Archives or 04/24/03 news, 03042420, for most recent BP summary of FAQ 37 for the 24-hour rule.)

FAQ 34 - Permits to Transfer (PTT)

In response to the question of how permits to transfer (PTT) are issued, CBP states that in the vessel environment the automated AMS participate may request the PTT. The information provided must include the master bill of lading, firms code and the bonded carriers I.D. number. The automated PTT in AMS will only be allowed on the carriers master bill for full container loads. PTTs for less than container loads must be done via a paper process.

CBP also responds to the question of whether the system can handle multiple PTT requests from different NVOCCs against the same Master bill number, by stating that, at this time, the PTT request must be made by either the master vessel operating carrier (MVOC) or the automated Master NVO. If a PTT is authorized against the MVOC bill, all associated containers will move. Authorization to move will only be issued once. If a PTT is authorized against the MVOC bill and the container number is provided, only that container will move. Only one authorization will be given per container.

In addition, CBP provides the following guidance regarding automated master NVOCCs and non-automated master NVOCCs:

Automated Master NVOCC. CBP states that it is defining the term "co-loading" as two or more NVOCCs loading cargo in the same container. An automated master NVOCC co-loading with non-automated NVOCCs is responsible for the AMS transmission of the entire container. In this instance the master NVOCC can file a PTT in AMS on the carrier's master bill of lading.

Non-Automated Master NVOCC. CBP states that if the master NVOCC is not automated the carrier will be the party transmitting the non-automated NVOCC(s) cargo declarations to CBP in AMS. The carrier will be responsible for the PTT authorization.

(FAQ 34 represents a substantial revision to FAQ 47 in CBP's FAQ on the 24-hour rule for inbound vessel cargo. See ITT's Online Archives or 05/08/03 news, 03050805, for most recent BP summary of FAQ 47 for the 24-hour rule.)

FAQ 35 - Data Element - Port

CBP addresses the issue of the port data element and provides explanations of the first foreign port where the carrier takes possession of the cargo destined to the U.S., the last foreign port before the vessel departs for the U.S., and the foreign port where the cargo is laden on board.

(FAQ 35 appears to be substantially similar to FAQ 29 in CBP's FAQ on the 24-hour rule for inbound vessel cargo except the references to 19 CFR 4.7a are omitted. See ITT's Online Archives or 12/06/02 news, 02120605, for BP summary of FAQ 29 for the 24-hour rule.)

FAQ 36 - Vessel Sharing Carriers

In response to questions on the communication of "do not load" messages, CBP states that it issues "do not load" messages in AMS to automated NVOCCs. The NVOCC/carrier who receives a "do not load" message will be responsible for ensuring that the cargo is not loaded on board the vessel.

(This FAQ revised FAQ 28 in CBP's FAQ on the 24-hour rule for inbound vessel cargo in that the text is updated (e.g., no longer contains: text on the telephone/fax/email of "do not load" messages, a 30-day implementation period, etc.). See ITT's Online Archives or 12/06/02 news, 02120605, for BP summary of FAQ 28 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, 03/03/04, and 03/04/04 news, 04021905, 04022010, 04022410, 04022510, 04022620, 04022715, 04030220, 04030315, and 04030415, for Parts I-IX of this multi-part series of summaries.

See ITT's Online Archives or 03/05/04 and 03/08/04 news, 04030510 and 04030805, for BP's two-part series of summaries of CBP's March 1, 2004 FAQ.

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