CBP's FAQ on Mandatory Advance Electronic Cargo Information Requirements
On February 12, 2004, U.S. Customs and Border Protection (CBP) issued its first version 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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CBP has subsequently issued a March 1, 2004 version of this FAQ.
This is Part XI 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 the CF 3171 and the second notify party. See future issues of ITT for additional summaries.
(The two FAQs (37 and 38) addressed in this notice are identical to the FAQs (37 and 38) in the March 1, 2004 version.)
FAQ 37 - CF 3171
In response to a question regarding whether carriers, with the implementation of the special bill types in Sea Automated Manifest System (AMS), will still be responsible for placing the automated non-vessel operating common carriers (NVOCCs) Standard Carriers Alpha Code (SCAC) on the CBP Form (CF) 3171, CBP states that for vessels that arrive in the U.S., CBP only receives one CF3171 per port that includes reporting all SCAC codes for that vessel.
According to CBP, the arriving vessel carrier is responsible for supplying this information to CBP, which will still include the SCAC of the automated NVOCCs.
| Type of Cargo | Qualifier | Time of Filing CF 3171 |
|---|---|---|
| Containerized | NONE | 48 hrs prior to arrival |
| Break Bulk (non-exempt) | NONE | 48 hrs prior to arrival |
| Bulk Cargo | Voyage more than 24 hrs | 24 hours prior to arrival |
| Bulk Cargo | Voyage less than 24 hrs | Time of sailing |
| Break Bulk Cargo (exempt) | Voyage more than 24 hrs | 24 hours prior to arrival |
| Break Bulk Cargo (exempt) | Voyage less than 24 hrs | Time of sailing |
FAQ 38 - Second Notify Party
FAQ 38 contains five separate questions and CBP responses (A-E) regarding the Second Notify Party (SNP).
The only questions and CBP responses that were revised in any notable way from FAQ 36 in CBP's previously issued FAQ on the 24-hour rule for inbound vessel cargo are A and B, which are discussed below.
In FAQ 38A, CBP answers the question of whether an automated NVOCC would be required to list the vessel carrier with whom it has contracted and whether it would also list the vessel operator if the vessel carrier is a slot charterer. According to CBP, the automated NVOCC would be required to list the vessel carrier as the SNP. According to CBP, if the cargo is denied lading at the foreign port, CBP will place the "Do Not Load" on the NVOCC bill type as well as send notification to the carrier that has been placed in the SNP field.
In FAQ 38B, CBP answers the question of whether the SNP field must "be completed" by the NVOCC to include the vessel carrier transporting the box, by stating that the SNP is a required field for the NVOCC bill type and AMS will reject the bill transmission if there is not at least one SCAC in the SNP field.
The remaining questions and CBP responses in FAQ 38 are substantially similar to those in FAQ 36 of CBP's FAQ on the 24-hour rule for inbound vessel cargo, except that CBP's statement that "it is currently evaluating the programming it would take to limit the information that is sent to SNPs" has been removed from CBP's response to question C. See ITT's Online Archives or 12/06/02 news, 02120605, for BP summary on FAQ 36 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, 03/04/04, and 03/10/04 news, 04021905, 04022010, 04022410, 04022510, 04022620, 04022715, 04030220, 04030315, 04030415, and 04031010, for Parts I-X 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.
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