CBP's Third Version of its FAQ on Mandatory Advance Electronic Cargo Information Requirements
On April 2, 2004, U.S. Customs and Border Protection (CBP) issued its third version of Frequently Asked Questions (FAQ) and responses regarding the inbound portion of its final rule requiring 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.
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(As in earlier versions of the FAQ, some of the questions listed in the "all modes" section of the third version might be more appropriately placed in its "vessel mode" section, as they appear to pertain only to ocean cargo.)
This is Part III of a multi-part series of summaries on this April 2, 2004 FAQ and focuses on revised FAQs 28 (clarification of time frame requirements for data transmissions) and 39 (vessel agents). See future issues of ITT for additional summaries.
FAQ 28C - Time Frame for Transmitting Date and Time of Sailing (Vessel Mode)Date and time of sailing. CBP has amended FAQ 28 by adding a new FAQ 28C which responds to the question of time frame requirements for transmitting the date and time of sailing. CBP states that 19 CFR 4.7a(c)(4)(xv) and (xvi) require transmission of the date and time of sailing by the following time frames:
- No later than 24 hours after departure from the foreign port of lading for those vessels that will arrive in the U.S. more than 24 hours after sailing from that foreign port; or
- No later than the time of presentation of a permit to unlade (CF3171) for those vessels that will arrive less than 24 hours after sailing from the foreign port of lading.
CBP instructions to AMS filers on reporting vessel departure. CBP states that on March 3, 2004, it issued instructions to Automated Manifest System (AMS) filers on reporting vessel departure in Sea AMS. Sea AMS filers have been given 60 days to begin transmitting the vessel departure information.
CBP states that it is important that Sea AMS filers first transmit the cargo declaration data to CBP then once the acceptance message has been received by the filer, the date and time of sailing must be transmitted. The sequence of events is as follows:
- The carrier/authorized transmitting party transmits cargo declaration data to CBP via Sea AMS.
- CBP transmits an acceptance message to the carrier/authorized transmitting party indicating that the number of bills of lading that have been accepted and rejected.
- The carrier/authorized transmitting party resolves any issues with rejected bills and receives an acceptance message from CBP for all bills of lading on the vessel.
- The carrier/authorized transmitting party transmits the date and time of sailing.
| Table of transmission timeframes.FAQ 28C also contains the following table: | ||
| Type of Cargo | Qualifier | Time of Receipt By CBP In AMS |
| Containerized | Voyage more than 24 hrs | 24 hours after departure |
| Containerized | Voyage less than 24 hrsMust have acceptance msg | Time of sailing |
| Break Bulk (non-exempt) | Voyage more than 24 hrs | 24 hours after departure |
| Break Bulk (non-exempt) | Voyage less than 24 hrsMust have acceptance msg | Time of sailing |
| Bulk Cargo | Voyage more than 24 hrsMust have acceptance msg | 24 hours prior to arrival |
| Bulk Cargo | Voyage less than 24 hrsMust have acceptance msg | Time of sailing |
| Break Bulk Cargo (exempt) | Voyage more than 24 hrsMust have acceptance msg | 24 hours prior to arrival |
| Break Bulk Cargo (exempt) | Voyage less than 24 hrsMust have acceptance msg | Time of sailing |
CBP has also amended its response to the question in 39C of whether a vessel agent can submit cargo declaration information utilizing the carrier's standard carrier alpha code (SCAC) and bond.
CBP's amended answer states that the carrier may designate a vessel agent to enter data on behalf of the carrier. The carrier/authorized transmitting party (in the case of a non-vessel operating common carrier (NVOCC)) is responsible for the content and timeliness of the data. The carrier/authorized transmitting party is also responsible for filing Manifest Discrepancy Reports (MDRs).
(This answer is different than the answer given by CBP in its previous versions of the FAQ as it now includes references to an authorized transmitting party (in the case of an NVOCC) and responsibility for filing MDRs. See ITT's Online Archives or 03/17/04 news, 04031715, for BP summary of CBP's previous response in its February 12, 2004 FAQ, which was unchanged by CBP's March 1, 2004 version of the FAQ.)
(See ITT's Online Archives or 04/08/04 and 04/13/04 news, 04040810 and 04041325, for Parts I and II of this multi-part series of summaries on CBP's third version of this FAQ.)
CBP's 3rd version of its FAQ (dated 04/02/04) available at