CBP's FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo

(Although the actual title of this FAQ is "Air Automated Manifest System Frequently Asked Questions," it is listed on CBP's Web site as "Air FAQs on the Trade Act of 2002 - Mandatory Advanced Electronic Cargo Information.")

This is Part III of a multi-part series of summaries on this FAQ, and highlights FAQs 5-8. See future issues of ITT for additional summaries.

FAQ 5 - Bond Requirements

CBP states that in order for an air carrier to participate in the Air Automated Manifest System (AMS), it must have an international carrier's bond (activity code type 3).

In order for a container freight station operator or an express consignment carrier facility to voluntarily participate in Air AMS, it must have an international carrier's bond (activity code type 3). An ABI filer must have an importer's bond (activity code type 1) to voluntarily participate in Air AMS.

Bond amount. According to CBP, the bond amount is set by the port director of the port where the bond has been filed. The minimum bond amount has been set at $50,000 but the port director may require a higher amount.

Bond types. CBP states that a continuous bond filed at one port is valid for Air AMS purposes at all ports where the party participates in Air AMS.

In-bond movements by voluntary Air AMS participants. A voluntary Air AMS participant requesting an in-bond movement may obligate its bond by specifying its own bonded carrier identification number if it has the required activity code type 2 bond. If the voluntary Air AMS participant does not have the required activity code type 2 bond, it may specify the onward carrier identification of another bonded party, with authorization from the party whose bond is so obligated.

FAQ 6 - Air AMS Documentation

According to CBP, the Customs Automated Manifest Interface Requirements-Air (CAMIR-AIR) is the source document for electronic data interchange between CBP and Air AMS participants, and is available at http://www.cbp.gov/xp/cgov/import/operations_support/automated_systems/ams/camir_air/.

FAQ 7 - Compliance Dates

In its FAQ, CBP lists by state the three compliance dates for inbound air cargo, depending on the location of the airport where the cargo arrives in the U.S. The dates are August 13, 2004 (Eastern states and Puerto Rico), October 13, 2004 (Central states), and December 13, 2004 (Western states). (See FAQ for lists of states assigned to each compliance date.)

FAQ 8 - Delivery Authorization

In response to a question on what is considered the electronic equivalent of delivery authorization for Air AMS participants, CBP states that delivery authorization in the electronic environment requires that the following four conditions must be met:

the cargo has arrived in the port;

an entry has been filed;

examinations, if required, have been completed; and

all holds placed on the air waybill have been removed.

Ground handling agents. In response to a question asking if a ground handling agent needs to be an Air AMS participant if a carrier utilizes the services of that ground handling agent to handle its cargo, CBP states that all participants in Air AMS are required to honor the electronic freight status notifications. A carrier is required to maintain control of the cargo pending CBP disposition whether its staff handles the cargo or if such services are provided by a ground handling agent. According to CBP, how the carrier communicates such information to its ground handling agent is a business decision for the carrier and its agent.

(See ITT's Online Archives or 04/08/04 and 04/16/04 news, 04040805 and 04041605, for Parts I and II of this series of summaries on this FAQ.)

CBP's air cargo FAQ (dated 04/01/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/air_5ffaq_5fcargo_2edoc/v1/air_5ffaq_5fcargo.doc