Details of CBP's FAQ on Mandatory Advance Electronic Information Requirements for Inbound Cargo (All Modes)
U.S. Customs and Border Protection (CBP) has issued a set of frequently asked questions (FAQ) and responses (dated May 25, 2004), labeled as pertaining to "All Modes" of transportation, for the inbound portion of its final rule on the advance electronic presentation of information pertaining to cargo (sea, air, rail, and truck) prior to its being brought into, or sent from, the U.S.
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This "All Modes" of transportation FAQ, along with another FAQ entitled "Vessel Mode," were previously sections of CBP's earlier FAQ on the inbound requirements of this final rule. Together, the "All Modes" FAQ and the "Vessel Mode" FAQ replace CBP's earlier FAQ. (See future issues of ITT for BP summaries of "Vessel Mode" FAQ. See ITT's Online Archives or 06/04/04 news, 04060405, for BP summary on the splitting of CBP's FAQ on Mandatory Advance Electronic Information Requirements for Inbound Cargo into an "All Modes" FAQ and a "Vessel Mode" FAQ.)
May 25, 2004 "All Modes" FAQ also Reflects Revision of Three FAQ
This May 25, 2004 "All Modes" FAQ also contains revisions to three FAQ: 2A, 9, and 24, as detailed below.
FAQ 2A - Enforcement Date
CBP has revised FAQ 2A, regarding the enforcement dates for the mandatory advance electronic cargo information requirements in order to:
Implementation dates for inbound rail cargo - provide information on the implementation dates for inbound rail cargo, including a list of the ports subject to each of the three inbound rail cargo implementation dates - July 12, 2004, August 10, 2004, and September 9, 2004.
(See ITT's Online Archives or 04/12/04 news, 04041205, for BP summary of CBP notice announcing the inbound rail cargo compliance dates.)
Inbound vessel cargo - remove a sentence that previously stated that vessels that are between foreign ports of call on March 4, 2004 are not required to comply with the electronic requirement for that voyage.
Container vessels - revise the implementation information for container vessels so that it (1) states that any container vessel that commenced the entire voyage on or after March 4, 2004 must transmit cargo declaration electronically utilizing Sea Automated Manifest System (AMS) and (2) reflects the fact that CBP commenced enforcement actions on March 4, 2004 for container vessel carriers that failed to comply with the advance electronic presentation of cargo information requirements.
Bulk and break bulk vessels - revise the implementation information for bulk and break bulk vessels so that it (1) states that any bulk/break bulk vessel that commenced the entire voyage on or after April 2, 2004 must comply with the advance electronic cargo information requirements; (2) reflects the fact that CBP had allowed a period of informed compliance for 30 days from March 4, 2004; and (3) reflects the fact that CBP commenced enforcement actions against carriers operating bulk and break bulk vessels that failed to comply with the advance electronic presentation of cargo information requirements.
Passenger vessels - revise the implementation information for passenger vessels so that it reflects the fact that CBP commenced enforcement actions for passenger vessel carriers that failed to comply with the advance electronic presentation of cargo information requirements.
FAQ 9 - Empty Containers
CBP has amended FAQ 9, which provides the procedures for the movement of instruments of international traffic, including the movement of empty containers on board a conveyance, in order to refer readers to FAQ 16 of its "Vessel Mode" FAQ for questions regarding empty containers on board vessels.
FAQ 24 - Recordkeeping
CBP has revised FAQ 24 on recordkeeping, which outlines the recordkeeping requirements for carriers and non-vessel operating common carriers (NVOCCs), in order to inform the trade community that it has posted to its Web site a number of Informed Compliance Publications (ICPs), and to make special note of its ICP on "Records and Recordkeeping Requirements."
CBP's revised "All Modes" FAQ (dated 05/25/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/tpa_5ffaqs_2edoc/v3/tpa_5ffaqs.doc.