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 VIII of a multi-part series of summaries on this FAQ, and highlights FAQs 21-24. See future issues of ITT for additional summaries.

FAQ 21 - Presentation of Other Documents

CBP states that upon the implementation of the advance electronic cargo information requirement compliance date for a port, the carrier will no longer need to file or retain aboard the aircraft the air cargo manifest (CBP Form 7509), except to report that information which cannot be reported through the Air Automated Manifest System (AMS). This includes unaccompanied baggage and accompanied baggage in transit reported pursuant to 19 CFR 122.48 (d) and (e). Upon arrival, all other documentation including the General Declaration (CBP Form 7507) must be presented to CBP at the place of entry at once.

FAQ 22 - Manifest Discrepancy Reporting

According to CBP, Air AMS participants are required to report changes to air waybill information through Air AMS. Changes to air waybill information may be reported to Air AMS through the Freight Report Change (FRC) message, and air waybill records may be deleted using the Freight Report Cancellation (FRX) message. All Manifest Discrepancy Reports (MDRs) must be made in the time frames required by the Customs Regulations, which is currently no later than 30 days after aircraft entry. CBP notes that each time that information is changed for an air waybill record, the cargo is subject to additional targeting and possible examination.

For further information on the use of FRC and FRX messages, CBP states that the Customs Automated Manifest Interface Requirements - Air (CAMIR-Air) should be reviewed.

FAQ 23 - Freight Report Inbound and Freight Report Change

CBP states that Air AMS will accept air waybill records reported with the Freight Report Inbound (FRI) standard message identifier until four hours after the recorded arrival time of the aircraft in Air AMS. After such time, any additional air waybill records must be reported using the Freight Report Change (FRC) standard message identifier.

Although Air AMS will accept FRI and FRC messages to report air waybill records after the required regulatory time frames for receipt of the information, CBP indicates that such transmission may be considered non-compliant and the Air AMS participant may receive a penalty or claim for liquidated damages.

FAQ 24 - Carrier Nomination/Agent Field

In response to a question asking if the importing air carrier will need to nominate another party before that party may input house air waybill records, CBP states that with the implementation of changes to Air AMS, the inbound air carrier will no longer need to nominate another party for that party to file house air waybill information.

CBP further states that although the Agent field will no longer be used by the inbound air carrier to nominate an alternate transmitting party, the inbound air carrier will be required by regulation (19 CFR 122.48a(d)(1)(xv)) to use the Agent field for the purpose of identifying the party which is to submit the house air waybill information, when it does not submit such information on its own.

(See ITT's Online Archives or 04/08/04, 04/16/04, 04/19/04, 04/20/04, 04/21/04, 04/22/04, and 04/23/04 news, 04040805, 04041605, 04041915, 04042010, 04042115, 04042230, and 04042325, for Parts I-VII 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