Details of CBP's FAQ on Mandatory Advance Electronic Information Requirements for Inbound Cargo (Vessel Mode)
U.S. Customs and Border Protection (CBP) has issued a set of frequently asked questions (FAQ) and responses (dated May 21, 2004) labeled as pertaining to the "Vessel Mode" of transportation, for the inbound ocean portion of its final rule on the advance electronic presentation of information pertaining to cargo (ocean, air, rail, and truck) prior to its being brought into, or sent from, the U.S.
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This "Vessel Mode" of transportation FAQ, along with another FAQ entitled "All Modes," were previously sections of CBP's earlier FAQ on the inbound requirements of this final rule. Together, the "Vessel Mode" FAQ and the "All Modes" FAQ replace CBP's earlier FAQ.
(See ITT's Online Archives or 06/07/04 news, 04060705, for BP summary of the "All Modes" 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 21, 2004 "Vessel Mode" FAQ Also Reflects Revision of 6 FAQ and 1 New FAQ
This May 21, 2004 "Vessel Mode" FAQ also contains revisions to six FAQ: 2B, 6, 13F, 15, 16, and 17, as well as one new FAQ 19.
This is Part I of a multi-part series of summaries on this revised "Vessel Mode" FAQ and covers time frame requirements for data transmissions, Foreign Remaining on Board cargo (FROB), vessel agents, and vessels arriving in ballast or to take on bunkers. See future issues of ITT for additional summaries on the "Vessel Mode" FAQ.
FAQ 2B - Clarification of Time Frame Requirements for Data Transmissions
CBP has revised its answer to FAQ 2B, a question regarding the time frame requirements for bulk and break-bulk carriers to submit their cargo declaration to CBP in Sea Automated Manifest System (AMS).
CBP's amended answer states that bulk and CBP approved break-bulk carriers will be required to transmit their cargo declaration data (including FROB) to CBP via Sea AMS prior to vessel arrival in the U.S.
In addition, the title of CBP's Cargo Declaration Data (CF 1302) Table (type of cargo, qualifier, and time of receipt by CBP in AMS) has been revised to "Cargo Declaration Data (CF 1302) Including FROB."
(CBP's answer continues to state, unchanged, that carriers that have vessel voyages that are less than 24 hours in sailing time from the foreign port of loading to the U.S. are required to file in AMS at the time of vessel departure to the U.S. and carriers with vessel voyages that exceed 24 hours in sailing time are required to file in AMS 24 hours prior to vessel arrival.)
FAQ 6 - Foreign Remaining on Board Cargo (FROB)
CBP has revised its answer to FAQ 6, regarding whether a manifest correction can be used to handle a situation where a shipper changes the cargo destination from FROB to a U.S. port after the vessel has sailed.
CBP's amended answer states that manifest corrections will be handled as a manifest discrepancy. Since the cargo was FROB (and if the cargo falls under the 24-hour requirement), information would have already been received 24 hours before lading.
(CBP's answer continues to state, unchanged, that the shipment would be subject to screening and examination due to the change in the information.)
CBP has further amended its answer to refer the trade community to FAQ 2B (see above) for the time frame requirements for cargo declaration transmissions that include FROB.
FAQ 13F - Vessel Agents
CBP has revised its answer to FAQ 13F in order to refer the trade community to FAQ 2B (see above) for the time frame requirements for cargo declaration transmissions that include FROB. With the exception of this, FAQ 13F remains unchanged.
FAQ 15 - Vessels Arriving in Ballast or to Take on Bunkers
CBP has revised its response to FAQ 15 regarding whether vessels arriving in ballast (or to take on bunkers only) are required to electronically transmit a "nil" cargo manifest.
While CBP's answer continues to state, unchanged, that vessels arriving empty (to lade only) are not required to electronically transmit a "nil" cargo manifest, CBP has added a sentence to its answer which states that the master, owner, or agent of such vessel shall report under oath to the appropriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship's stores taken on board.
CBP's revised "Vessel Mode" FAQ (revised 05/21/04) available at