CBP's Final Rule on the Advance Electronic Presentation of Cargo Information (Part XXII - Final)

This is Part XXII, the final part of a multi-part series of summaries of this final rule. Similar to Part I, this part sets out the various compliance dates for the inbound and outbound transportation modes, as provided for in the regulations, as follows:

Inbound vessel by March 4, 2004. By March 4, 2004, all ocean carriers and non-vessel operating common carriers (NVOCCs) electing to participate, must be automated on the Vessel Automated Manifest System (AMS) system at all ports of entry in the U.S.

Inbound air on & after March 4, 2004, unless CBP delays. Compliance with the advance electronic cargo information requirements of 19 CFR Part 122 is required on and after March 4, 2004, for all affected air carriers and other specified parties that elect to participate in advance automated cargo information filing (e.g. ABI filer (importer or broker), CFS/Deconsolidator, express consignment carrier facility, etc.), unless CBP delays the effective date due to certain system, port-specific training, or new participant certification testing delays.

Inbound rail on & after 90 days from future FR notice publication date. Compliance with the advance electronic cargo information requirements of 19 CFR Part 123 that are specific to rail carriers is required on and after 90 days from the date that CBP publishes notice in the Federal Register informing affected carriers that the approved electronic data interchange system is in place and operational at the port of entry where the train will first arrive in the U.S.

Inbound truck carrier on & after 90 days from future FR notice publication date. Compliance with the advance electronic cargo information requirements of 19 CFR Part 123 that are specific to truck carriers is required on and after 90 days from the date that CBP has published a notice in the Federal Register regarding the particular port of entry (that the applicable data interchange is in place and fully operational at that port, etc.).

After this notice is published, the incoming truck carrier and, if electing to do so, the U.S. importer, or its Customs broker, must present the necessary cargo data to CBP at the particular port of entry where the truck will arrive in the U.S.

Outbound all modes, to be announced & to be concurrent with redesign of AES commodity module. The requirements for outbound, including the pre-departure time frames for reporting export cargo information for required shipments, and the requirement of the Internal Transaction Number (ITN), will be implemented concurrent with the completion of the redesign of the AES commodity module and the effective date of mandatory filing regulations that will be issued by the Department of Commerce pursuant to the Security Assistance Act (Public Law 107-228). This date will be announced in the Federal Register.

(CBP's matrix of the final rule's effective dates by mode of transportation adds that for outbound all modes, current AES exporter reporting requirements will be employed on an interim basis until the AES Commodity Redesign Project is developed pursuant to Bureau of Census regulations, due to be issued in 2004.)

(See ITT's Online Archives or 01/16/04 news, 04011615, for Part XXI.)

CBP matrix of final rule by mode of transportation available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/transport_5fmatrix_2exls/v1/transport_5fmatrix.xls

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

BP Note

Although in Part I of this series March 5, 2004 is used as a relevant compliance date for inbound vessel and inbound air, the relevant compliance date is now believed by BP to be March 4, 2004. The Federal Register's "Table of Effective Dates and Time Periods - December 2003," which BP used to determine the March 5, 2004 date, appears to not have taken into account that 2004 is a leap year (i.e., there is an extra day in February).