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CBP's Third Version of its FAQ on Mandatory Advance Electronic Cargo Information Requirements

On April 2, 2004, U.S. Customs and Border Protection (CBP) issued its third version of Frequently Asked Questions (FAQ) and responses regarding the inbound portion of 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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(As in earlier versions of the FAQ, some of the questions listed in the "all modes" section of the third version might be more appropriately placed in its "vessel mode" section, as they appear to pertain only to ocean cargo.)

This is Part IV, the final partof a multi-part series of summaries on this April 2, 2004 FAQ and focuses on revised FAQ 41 (vessels arriving in ballast or to take on bunkers) and new FAQs 43 (vessel International Maritime Organization (IMO) number) and 44 (lightering vessels).

FAQ 41 - Vessels Arriving in Ballast or to Take on Bunkers (Vessel Mode)

CBP has deleted a sentence from the first paragraph of its response to the question of whether vessels arriving in ballast (or to take on bunkers only) are required to electronically transmit a "nil" cargo manifest.

Now the first paragraph of CBP's response only states that vessels arriving empty (to lade only) are not required to electronically transmit a "nil" cargo manifest.

(The sentence deleted from the first paragraph had stated that if the vessel is carrying empty containers for discharge in the U.S. or foreign remaining on board (FROB), the containers and/or FROB must be manifested.)

In the second paragraph of its response, CBP continues to state 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 43 - Vessel IMO Number (Vessel Mode)

In new FAQ 43, CBP responds to questions regarding Sea AMS reject messages for cargo declaration data due to a problem involving the International Maritime Organization (IMO) number.

According to CBP, the carrier/authorized transmitting party needs to submit a Lloyds request to CBP.

Until the Lloyds request is processed, CBP states that the carrier/authorized transmitting party may transmit cargo declaration data to CBP via Sea AMS without the IMO number.

(Lloyds requests are needed when a vessel is not on file with CBP or if any of the following information changes: Name, Owner, Flag of Registry, Draft, Tonnage (Gross/Net). Lloyds updates are not needed in situations where the vessel is on file with CBP and the intent of the request is to change the SCAC code associated to the vessel. To simplify the process, CBP requests that a specific format (outlined in the FAQ) be used when requesting additions or updates. CBP states that email attachments are acceptable as long as the information is in the format provided in this FAQ. See FAQ for acceptable format and list of persons to whom email messages should be addressed.)

FAQ 44 - Lightering Vessels (Vessel Mode)

In new FAQ 44, CBP responds to a question as to how lightering operations are affected by CBP's final rule on the advance electronic presentation of cargo information and whether cargo declaration data needs to be transmitted for the mother vessel that may not ever discharge in a U.S. port or only for the service vessel.

According to CBP, cargo declaration data must be transmitted for the vessel that enters the U.S. territorial waters. If the mother vessel remains outside the U.S. territorial waters, then the data must be entered by the carrier/authorized transmitting party for the service vessel(s). This should not affect the shipper/consignee information.

(See ITT's Online Archives or 04/08/04, 04/13/04, and 04/14/04 news, 04040810, 04041325, and 04041415, for Parts I, II, and III of this multi-part series of summaries on CBP's third version of this FAQ.)

CBP's 3rd version of its FAQ (dated 04/02/04) available at

http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/tpa_5ffaqs_5fapr2_2edoc/v1/tpa_5ffaqs_5fapr2.doc.