CBP's Updated "All Modes" FAQ on the Inbound Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has issued an updated version of its frequently asked questions (FAQ) and responses on its final rule requiring, among other things, the advance electronic presentation of information for all modes of inbound transportation.
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CBP's updated version of its All Modes FAQ contains revisions to FAQ 2A (Enforcement Date), FAQ 7 (Bonds), FAQ 11A (Public Lists - AMS Participants), and FAQ 13 (Paper Cargo Declaration on Board).
(See ITT's Online Archives or 08/10/04 and 08/11/04 news, 04081015 and 04081110, for Parts I and II of BP's summary of CBP's updated Vessel Mode FAQ. See ITT's Online Archives or 08/06/04 news, 04080605, for BP summary of CBP's issuance of the revised Vessel and All Modes FAQs.)
FAQ 2A - Enforcement Date
CBP has revised its response to this question, which asks what enforcement dates should be used for the final rule, by adding a new paragraph concerning vessels.
This paragraph states that effective July 6, 2004, vessels required to make entry in accordance with Customs regulations 19 CFR Part 4 and scheduled to arrive at anchor or at a dock in any harbor within the Customs territory of the U.S. must comply with the Trade Act of 2002 (Act) Regulations. CBP states that there are no exceptions or waivers to the automation requirement for electronic transmission of cargo declaration data mandated by the Act.
CBP further states that the port director will deny permission to unlade cargo to vessel carriers that continue to arrive and present paper Inward Cargo Declarations (CBP Form 1302) to CBP in violation of the Act's regulations. However, CBP does note that passenger vessels will be allowed to disembark passengers.
In this updated FAQ, CBP has also removed three paragraphs which contain instructions for the following: (1) container vessels that commenced their entire voyage on or after March 4, 2004, (2) bulk and break bulk vessels that commenced their entire voyage on or after April 2, 2004, and (3) passenger vessels that began a voyage on or after April 2, 2004.
FAQ 7 - Bonds
In the introductory paragraph to FAQ 7, CBP has revised the phone number for the CBP Branch Chief, Entry and Drawback Management to whom concerns about bond amounts and other questions should be raised. CBP now states that this phone number is (202) 344-1320 (rather than (202) 927-0300).
FAQ 11A - Public Lists - AMS Participants
With regard to FAQ 11A, a question asking if CBP will make a list of those who are approved for AMS manifesting and have obtained an International Carrier Bond, CBP has revised its response.
CBP now states that it is posting a list of participants and their associated ports in the Automated Manifest Systems for air and rail at http://www.cbp.gov/xp/cgov/import/carriers/ams_ports/. CBP notes that this document is continuously changing and cannot be used as 100% accurate. CBP states that all sea participants are required to be automated and therefore a detailed listing is no longer necessary. CBP had previously stated in response to the question that it had posted a list of AMS carriers to its Web site.
FAQ 13 - Paper Cargo Declaration on Board
In FAQ 13, CBP is asked to clarify which carriers participating in AMS will be required to retain a paper copy of the cargo declaration on board the conveyance (in contrast to being required to be able to provide one upon request). CBP has added the following guidance to its existing answer:
CBP now states that it will require one copy of the cargo declaration and that copy will be transmitted electronically. All CBP Officers who are performing functions inherited from the three legacy inspectional agencies, the U.S. Customs Service, the Animal and Plant Health Inspection Service, and the U.S. Immigration and Naturalization Service will utilize the electronic cargo declaration.
CBP continues to state that it will not enforce the paper cargo declaration if a carrier or authorized transmitting party has successfully automated. However, CBP states that where the cargo declaration has been filed in advance electronically, and a paper copy is not on board, the carrier will be afforded a reasonable time within which to generate a paper cargo declaration, should a paper copy be requested by CBP. CBP states that it will periodically assess this policy to ensure that it is not having an adverse effect on carrier operations.
"All Modes" FAQ (revised 08/03/04) available athttp://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/tpa_faqs.ctt/tpa_faqs080304.doc.