CBP's Final Rule on the Advance Electronic Presentation of Cargo Information (Part XVI - CBP Responds to Comments)
U.S. Customs and Border Protection (CBP) has published a final rule which amends the Customs Regulations effective January 5, 2004 regarding the advance electronic presentation of information pertaining to cargo (sea, air, rail, or truck) prior to its being brought into, or sent from, the U.S. (See final rule for compliance dates for each transportation mode.)
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This is Part XVI of a multi-part series of summaries of this final rule, and highlights some of CBP's responses to comments on the proposed rule, as follows:
Inbound rail cargo transferred in Canada or Mexico. According to CBP, a commenter suggested that it might be difficult or impossible for the rail carrier to obtain the necessary cargo information when the rail cargo had initially arrived in Canada or Mexico by vessel or air carrier from another foreign country. In such a case, unless the ocean or air carrier had first required the complete disclosure of all information at the port of loading in the other foreign country, and thereafter passed this information along to the rail carrier, there would be no way that the required information would be available to the railroad.
CBP responds that for cargo that is transferred in Canada or Mexico to a rail carrier for shipment to the U.S., whether such cargo originated in Canada or Mexico or was first brought there by a vessel or air carrier from another foreign country, the rail carrier will be required to provide the requisite data elements for such cargo to CBP.
Line Release for Rail AMS. In response to a comment suggesting that CBP should retain Line Release not only for the present as stated in the proposed rule, but for the long term, as it was declared to be critical for cross-border rail traffic, CBP states that it fully recognizes the importance of Line Release for Rail Automated Manifest System (AMS). In fact, CBP states that it has recently made Line Release available, for rail shipments only, to ports that ordinarily would not have access to it, as part of CBP's Rail AMS port automation efforts.
CBP further states that Automated Line Release in rail is what is known as the Border Release Advanced Screening and Selectivity program (BRASS) in the truck environment. The difference is that the information (for Automated Line Release) is all electronic and supplied in advance of arrival.
Emergency imports by truck. In response to a suggestion that CBP implement separate rules for emergency importations by truck, CBP states that emergency situations will be handled on a case-by-case basis, depending on the facts, in CBP's enforcement discretion.
Notification of received data for inbound truck cargo. In response to commenters requesting that CBP initiate an electronic confirmation/receipt system that would notify the broker/carrier that information for inbound truck cargo was received, thus starting the 30-minute/1-hour clock, CBP responds that it already has a system in place that notifies the Automated Broker Interface (ABI) transmitter that the data was received. This information is only available to the ABI transmitter. At this time, CBP states that any notification to the carrier of successful data transmission must come via the ABI filer. Additionally, CBP states that it should be pointed out that this program has already been successfully used without the need for direct electronic confirmation from CBP.
PAPS for inbound truck cargo (rather than pre-file system). In response to a suggestion that CBP utilize the pre-file system for inbound truck cargo, as was being done along the Southern Border, CBP states that it contemplates mandating the implementation of the Pre-Arrival Processing System (PAPS) for all land border sites.
CBP explains that the PAPS system, which uses ABI, provides CBP with advance arrival information and includes carrier and importer information that is not included in the Southern Border Pre-file system. According to CBP, the PAPS system will basically also mesh with the advance truck manifest module when it is developed in the Automated Commercial Environment (ACE), while the Pre-file system would not.
PAPS inbound truck shipments where CVPCs are not present. According to CBP, a comment stated that CBP should not deny the entry of PAPS truck shipments for failure to meet the required advance notification time, which could occur where Commercial Vehicle Processing Centers (CVPCs) were not present.
CBP responds that in instances where CVPCs are not present, it is still the responsibility of the carrier or the importer/broker, as applicable, to ensure that the ABI transmitter receives the appropriate entry information via fax or by other means.
Should cargo information not be received within the allotted time frame, CBP states that it may pursue any of the following options: (1) denying a permit to unlade; (2) delaying the release of the cargo until security screening is complete; and/or (3) assessing a penalty/liquidated damages.
(See ITT's Online Archives or 01/06/04 news, 04010615, for Part XV of this series. See ITT's Online Archives or 12/09/03 news, 03120915, for Part II, which includes a list of CBP contacts.)
CBP final rule (CBP Dec. 03-32), FR Pub 12/05/03, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-29798.pdf