CBP's FAQ on Mandatory Advance Electronic Information Requirements for Rail Cargo
U.S. Customs and Border Protection (CBP) has issued a set of four frequently asked questions (FAQ) and responses (dated July 8, 2004) on the "Rail" portion of its final rule on the advance electronic presentation of information pertaining to cargo (ocean, air, rail, and truck) prior to its being brought into, or sent from, the U.S.
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Subscribers should note that the questions and answers in this FAQ appear to relate to inbound rail cargo.
This is Part III, the final part of a multipart series of summaries on this "Rail" FAQ. Part III specifically concerns Automated Manifest System (AMS) acknowledgement of receipt of data transmission, as well as the shipper and consignee data element.
FAQ 3 - AMS Acknowledgement of Receipt of Data Transmission
CBP acceptance message. In response to a question as to whether carriers can expect to receive an acceptance message that confirms receipt of the manifest data, CBP states that after the carrier or authorized transmitting party submits the manifest data, it will return a bill on file message.
Amendments to the train consist. With regard to a question about whether carriers can amend a consist, CBP states that it must receive the complete train consist no later than two hours in advance of the conveyance's arrival to its designated U.S. port of entry/rail crossing. However, CBP understands that operationally, a rail carrier may encounter a need to make amendments to an original train consist. However, CBP notes that the train in question may be delayed for additional targeting or to fulfill any unexpected security need as a result of such an amendment.
FAQ 4 - Data Element - Shipper and Consignee
CBP explains that the Trade Act of 2002 requires that the railroad carrier provide the complete name and address for the shipper and consignee respectively. However, the master bill of lading possessed by the rail carrier contains only the name of a freight forwarder instead of the actual shipper and consignee; if so, the rail carrier would not know the identity of the actual shipper and consignee.
Consolidated shipments.In response to an inquiry as to what is required for Master Bill of Lading shipper and consignee information for consolidated shipments, CBP states that for intermodal traffic where there is a multiple relationship between the ocean and rail carrier and where the ocean carrier is in possession of house bill information, the rail carrier must provide the principal shipper and consignee, at a master bill level.
In the case of intermodal traffic where the ocean carrier does not have any information on the actual shipper and consignee, CBP states that the rail carrier must provide the Freight Forwarder or the non-vessel operating common carrier (NVOCC). CBP will not accept the ocean carrier as the actual shipper and consignee.
House Bill of Lading.In response to a question asking what is required for House Bill of Lading shipper and consignee information, CBP states that when it published the final rule for the Trade Act of 2002, it stated that programming changes must be made to Rail AMS in order to capture House Bill of Lading information.
Presently, CBP is looking at ways to accomplish this. Additional information and CBP's final rule complete response to this particular issue can be found in its December 5, 2003 final rule (FR page 68155). (See ITT's Online Archives or 01/06/04 and 01/08/04 news, 04010615 and 04010815, for BP summaries of CBP's responses to comments about the requirements for rail in the proposed version of this rulemaking.)
Information required for simple bill transaction. In response to a question about what information is required for a simple Bill transaction, CBP replies that for rail traffic where there is a one to one relationship between the shipper and consignee, the rail carrier must provide the actual shipper and consignee information.
(See ITT's Online Archives or 07/15/04 news, 04071505, for Part II of BP's summary of this FAQ.)
CBP FAQ on Rail Cargo (dated 07/08/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/faq_070804.ctt/faq_070804.doc