CBP Reminder on Need for RLF/Electronic Invoices to be Completely Electronic and Use of 'INVREQ
U.S. Customs and Border Protection has issued an ABI administrative message stating that some filers are erroneously submitting paper documents in support of Remote Location Filing and Electronic Invoice Processing entries, instead of transmitting and processing these entries in a completely electronic environment.
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Remote Location Filing (RLF) allows the electronic filing of formal or informal consumption entries (Types 01 and 11) to CBP from a remote location within the U.S. Customs territory other than at the port of entry.
Electronic Invoice Processing (EIP) is a system that allows a filer to submit the invoice and entry electronically within their local district.
CBP's notice also covers the use of Invoice by Request in the electronic environment.
RLF/EIP Invoices and Documentation Must be Electronic to Avoid Rejection
If documentation such as licenses, permits, certificates, etc. are required at release or summary, they must be transmitted electronically to CBP. CBP states that its personnel should review and process RLF/EIP entries relying only on the electronic information transmitted by the filer. Incomplete electronic invoices or lack of related electronic documentation will result in these entries being rejected back to the filer.
(CBP notes that entries that require original paper documentation as a condition of release of the cargo (license, permit, certificate, etc.) do not qualify for RLF/EIP and should not be transmitted electronically to CBP. In addition, CBP personnel should not accept faxed copies of required original paper documents, or overnighted original documents.)
Instructions on Use of INVREQ in the Electronic Environment (Except Truck)
CBP's notice also reminds filers about an electronic feature which is available for use within the electronic environment called Invoice by Request (INVREQ). This feature allows filers to transmit "INVREQ" to declare the intent to provide an electronic invoice upon CBP's request. However, this feature cannot be used for entries in the land border environment where cargo crosses the border by truck.
INVREQ at time of cargo processing. If at release an entry receives a "paperless" provisional cargo selectivity status, no electronic invoice is required at that time. However, if an entry is selected for document review or examination, or a paperless release is overridden-to-intensive, the system will generate the "electronic invoice required" message at time of cargo processing.
All associated invoices must then be electronically transmitted by the filer within two days.
(If a filer transmits an electronic entry that requires an original paper document (license, permit, certificate, etc.), a CBP officer will contact the filer who transmitted the entry stating that the entry cannot be released due to the paper requirement. The filer will then have to file the entry in paper (provided they have a local permit within that district, or hire a subagent to file the entry on their behalf.)
INVREQ at time of summary processing. If at time of entry summary processing an entry receives a "by-passed" status, ABI will generate a "paperless-filer retain records" message and no invoice is required at that time. However, if the entry is designated "team review" at time of summary, the system will automatically generate an "accepted-records required" or another non-paperless message to the filer. Such a message is CBP's request for all of the associated invoices to be transmitted electronically.
Filers then have two days from receipt of the "accepted-records required" (or similar) message to electronically transmit the invoices to CBP. Failure to timely and electronically transmit the requested documentation may result in a liquidated damages case for a no-file or late-filed entry.
INVREQ subsequent to release or summary acceptance, etc. If prior to liquidation, an import specialist, entry specialist, or other CBP staff review an entry in which the filer used "INVREQ," a request for the associated invoices may be made subsequent to release or summary acceptance.
The request for electronic invoices will be made through ABI via the "US" message. Filers have up to thirty days from receipt of the electronic request to transmit all of the associated electronic invoices. This same process will be followed if the electronic invoice is required to process a reconciliation entry and/or a protest or drawback claim.
CBP contact - Marla Bianchetta (202) 344-2693
CBP administrative message 07-0132, dated 05/22/07, available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2007/2007-0132.ADM