CBP Issues FAQ on Mandatory Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) issued its first version, dated February 12, 2004, of Frequently Asked Questions (FAQ) concerning its final rule which amended the Customs regulations to require 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.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
(Although this FAQ states that it covers all modes of cargo transportation, both inbound and outbound, CBP sources note that most of the questions and answers only pertain to inbound cargo. The final rule's requirements for all modes of outbound cargo are still expected be implemented concurrent with the completion of the redesign of the Automated Export System (AES) commodity module and the effective date of the Census Bureau's upcoming rulemaking to make AES filing mandatory for all exports.)
This is Part II of a multi-part series of summaries of the February 12, 2004 FAQ, and covers FAQs 3-6. See future issues of ITT for additional summaries.
FAQ 3 - Carrier Automation
CBP states that all inbound sea, air, and rail carriers are required to be Automated Manifest System (AMS) participants. According to FAQ 3, the automation of inbound truck carriers will be addressed at a later date.
FAQ 4 - NVOCC Automation
CBP states that non-vessel operating common carriers (NVOCCs) may choose to automate. However, NVOCCs that choose not to automate must give bill-level information to the carrier for transmission to CBP. If a question arises as to whether or not an NVOCC is automated, the vessel carrier may contact its CBP client representative for verification.
FAQ 5 - Definition of Carrier
CBP states that for purposes of carriers who need to obtain an Activity Code 3 International Carrier's bond, CBP views the carrier as the entity that controls the conveyance. According to CBP, once a carrier has obtained a bond it is valid for all conveyances controlled by the bonded entity.
FAQ 6 - Authorized Transmitting Party
CBP states that an authorized transmitting party is generally an entity approved by CBP to transmit cargo declaration data via the AMS. However, CBP states that authorized transmitting parties vary depending on the mode of transport:
- CFR 4.7(b)(3)(i) - an NVOCC approved by CBP to transmit cargo declaration data via the Vessel AMS
- CFR 122.48a(c)(1) - an Automated Broker Interface (ABI) filer (importer or Customs Broker as identified by its ABI filer code); a Container Freight Station/deconsolidator as identified by its FIRMS code; an Express Consignment Carrier Facility as identified by its FIRMS code
- CFR 123.92(c) - the importer or broker
(See ITT's Online Archives or 02/19/04 news, 04021905, for Part I of this multi-part series of summaries.
See ITT's Online Archives or 01/20/04 news, 04012035, for final installment of BP's summary of CBP's response to comments received on the proposed version of this final rule, with links to earlier installments. See ITT's Online Archives or 12/16/03 news, 03121610, for final installment of BP's summary of the final rule's regulations, with links to earlier installments.)
CBP states that interested parties with additional questions that are not included in this FAQ document should write to Manifest.Branch@dhs.gov.
CBP FAQ Document (dated 02/12/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/tpa_5ffaqs_2edoc/v1/tpa_5ffaqs.doc.