Phase 2 of Mandatory e-Manifest: Truck to be Enforced for Mixed-Loads Containing Section 321 Exemptions
U.S. Customs and Border Protection has issued a notice on e-Manifest: Truck for advance cargo information purposes, which states that there has been confusion over the applicability of the Section 321 exemption when shipments eligible for the exemption are loaded on the same truck as other shipments that require an e-Manifest.
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(19 CFR 148.51 explains that a Section 321 exemption is available for certain personal or household use articles that do not exceed $200 in value. (See 19 USC 1321.))
Trips with such mixed-loads - consisting of Section 321 eligible shipments and shipments requiring an entry or in-bond move - will require e-Manifests for advance cargo information purposes as scheduled below, unless exempt by regulation or otherwise not required by CBP.
(See CBP notice for these exemptions and exceptions. Note that trips consisting solely of Section 321 eligible merchandise remain exempt from this e-Manifest: Truck requirement.)
Enforcement for Mixed-Loads at Ports that Have Implemented Phase 2
Effective September 1, 2007, CBP states that a permit to proceed into the U.S. will be denied to a truck entering ports in Washington, Arizona, eastern North Dakota, Texas, New Mexico, California, New York and Michigan - where Phase 2 of e-Manifest: Truck for advance cargo information purposes has already been implemented - when no attempt is made to transmit all applicable shipments via the e-Manifest.
Enforcement for Mixed-Loads at Ports Pending Phase 2 Implementation
In the remaining ports, enforcement for mixed-loads will begin on the effective dates previously published for Phase 2.
(See ITT's Online Archives or 01/12/07 news, 07011205, for BP summary announcing phased enforcement for all land border ports in WA and AZ, as well as the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro, ND. See ITT's Online Archives or 04/25/07 news, 07042505, for BP summary announcing that Phases 2 and 3 for these ports were delayed.
See ITT's Online Archives or 06/14/07 news, 07061405, for BP reminder on Phase 2 reminder for CA, NM, and TX.
See ITT's Online Archives or 07/20/07 news, 07072010, for BP reminder on Phase 2 for MI and NY.
See ITT's Online Archives or 07/11/07 news, 07071105, for BP summary announcing phased enforcement for NH, VT, and the rest of the ND ports.
See ITT's Online Archives or 08/03/07 news, 07080315, for BP reminder on phased enforcement for ID and MT.
See ITT's Online Archives or 07/19/07 news, 07071905, for BP summary announcing that mandatory e-Manifest: Truck for advance cargo information purposes would be implemented in ME and MN.)
CBP e-Manifest enforcement clarification notice (posted 08/14/07) available at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/carrier_info/e-manifests_info/trade_act_enforce/emanifest_enf_clar.ctt/emanifest_enf_clar.doc