Phase 2 Enforcement of Mandatory e-Manifest:Truck in WA, AZ, and Certain ND Ports for Advance Cargo Information Purposes to Begin April 26, 2007
In January 2007, U.S. Customs and Border Protection issued an electronic notice which announced the phased enforcement of mandatory Automated Commercial Environment electronic manifest: Truck (e-Manifest: Truck) for advance cargo information purposes at all land border ports in Washington and Arizona as well as the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro, North Dakota.
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In March 2007 CBP announced that it was delaying enforcement Phases 2 and 3 for a minimum of 30 days for these ports as ACE was experiencing messaging problems which prevented e-Manifest transmitters from knowing if they have successfully transmitted to CBP.
(According to CBP, Phase 1 enforcement (informed compliance) went into effect on January 25, 2007 when the filing of the e-Manifest became mandatory for advance cargo information purposes, with CBP exercising enforcement discretion in the form of a minimum of 60 days of informed compliance.)
New Phase 2 Enforcement Start Date is April 26, 2007
CBP has now issued a notice announcing that the new Phase 2 enforcement date is April 26, 2007. (Phase 2 was originally scheduled to start no earlier than March 26, 2007.)
Beginning April 26, 2007, CBP will deny a permit to proceed into the U.S. to any carrier, required to submit an e-Manifest for advance cargo information purposes, which arrives without submitting or attempting to submit such an e-Manifest.
CBP officers shall accept the presentation of the ACE trip number as submission of this e-Manifest, which will be verified by presentation of the ACE e-Manifest cover sheet or a CBP Form 7533 with the e-Manifest information. CBP adds that validation of e-Manifest participation should ideally take place in a secondary inspection environment.
(CBP adds that it will monitor system performance and may at any time suspend this enforcement phase based on system developments.)
New Phase 3 Enforcement Date Currently Planned for No Earlier Than May 26
CBP sources state that the new Phase 3 enforcement date is currently planned for no earlier than May 26, 2007 (Phase 3 was previously scheduled to start no earlier than April 26, 2007). Phase 3 will deny a permit to proceed into the U.S. any time a truck arrives without an e-Manifest for advance cargo information purposes that is successfully received by CBP.
(CBP has previously stated that for egregious violations, a monetary penalty ($5,000 for the first offense and $10,000 for subsequent offenses) may be issued to the driver in care of the carrier under 19 USC 1436 (penalties for violations of arrival, reporting, entry, and clearance requirements). CBP explained that egregious violators are defined as those carriers that make no attempt to comply with the requirements.
CBP has also previously stated that the e-Manifest: Truck enforcement actions are based on the implementing regulations of the Trade Act of 2002 for truck carriers found in 19 CFR 123.92 (electronic information for truck cargo required in advance of arrival). This regulation requires that advanced electronic cargo information be provided to CBP one hour, or thirty minutes for Free and Secure Trade (FAST) participants, prior to the arrival of the conveyance in the first U.S. port of arrival. CBP noted that this rule includes goods moving under bond between U.S. ports of entry as well as goods moving in transit through the U.S.
See ITT's Online Archives or 12/15/03 news, 03121525, for BP summary of CBP's final rule on the requirements of advance electronic transmission of truck cargo information.
See ITT's Online Archives or 03/22/07 news, 07032205, for BP summary announcing the delay of enforcement Phases 2 & 3.
See ITT's Online Archives or 01/12/07 news, 07011205, for original BP summary of the phased enforcement for these ports.)
CBP notice available by email by sending request to documents@brokerpower.com