CBP's Second Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo
U.S. Customs and Border Protection (CBP) has issued its second version (dated July 19, 2004) of Frequently Asked Questions (FAQ) and responses regarding its final rule requiring the advance electronic presentation of information for inbound air cargo.
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This July 19, 2004 version contains a new introductory paragraph and reflects the revision of five questions (2, 4, 7, 24, and 33) and the addition of three new questions (8, 11, and 14).
This is Part III, the finalpart of a multi-part series on this July 19, 2004 FAQ, and focuses on revised FAQ 4 regarding Air Automated Manifest System (AMS) participant procedures, revised FAQ 7 on compliance dates, revised FAQ 24 on the presentation of documents, and revised FAQ 33 concerning carrier codes.
FAQ 4 - Air AMS Participant Procedures
CBP has revised FAQ 4 in order to add that if an air carrier is already an Air AMS participant but chooses to expand its Air AMS participation to additional ports, the air carrier must notify the CBP port and its assigned client representative prior to expanding its Air AMS participation to additional locations. According to CBP, the assigned client representative may establish a user record for the air carrier participant in that port upon receipt of confirmation that the port has acknowledged the commencement date of Air AMS participation.
FAQ 7 - Compliance Dates
In FAQ 7, in the table which lists the three compliance dates for inbound air cargo (depending on the location of the airport where the cargo arrives in the U.S.), CBP has noted that August 13, 2004 applies to the "Eastern U.S.," October 13, 2004 applies to the "Central U.S.," and December 13, 2004 applies to the "Western U.S."
CBP has also added a question on what would be the required compliance date if cargo arrives on an aircraft after August 13, 2004 but before December 13, 2004, and the first port of arrival is in one of the locations that comprise the Western U.S., but the final destination of the cargo is in one of the locations that comprise the Eastern U.S.
CBP responds that the required compliance date is based on the first airport of arrival for the cargo. In the above example, the required compliance date would be December 13, 2004. According to CBP, this is true if the cargo is unladen from the aircraft at the first airport of arrival and transported to the destination airport under the in-bond procedures or if the cargo remains aboard the same aircraft and is transported to the destination airport under a permit to proceed.
FAQ 24 - Presentation of Documents
CBP has revised FAQ 24 (formerly 21 and entitled Presentation of Other Documents) in order to create two separate questions and answers, as follows:
Are paper CBP Form 7509 and air waybill documents required upon arrival? In response to a question asking if a paper copy of the air cargo manifest (CBP Form 7509) and the air waybill documents must be presented to CBP in paper format upon arrival of the aircraft, CBP states that upon enactment of the compliance date, CBP Form 7509 and the air waybill documents will no longer need to filed or retained aboard the aircraft except to report that information which cannot be reported through Air AMS. CBP notes that this includes unaccompanied baggage and accompanied baggage in transit reported pursuant to 19 CFR 122.48 (d) and (e).
Must other documentation be presented upon arrival? In response to a second question on whether the air carrier must present all other documentation upon arrival if the advance electronic cargo information is presented through Air AMS, CBP states that upon arrival, all other documentation, including the General Declaration (CBP Form 7507), must be presented to CBP at the place of entry at once.
(In the April 1, 2004 version, there was one question under this FAQ which was substantially similar to the second question above; however, the answer had pertained to CBP Form 7509, as well as all other documentation.)
FAQ 33 - Carrier Codes
CBP has revised FAQ 33 (formerly 30) in order to add that if an air carrier does not qualify to have an assigned International Civil Aviation Organization (ICAO) code, the CBP client representative will assign a 3-character code to the carrier for the purpose of participating in Air AMS.
(See ITT's Online Archives or 07/27/04 and 07/28/04 news, 04072710 and 04072805, for Parts I and II of this series.)
CBP's 2nd version of air cargo FAQ (dated 07/19/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/air_faq_cargo.ctt/air_faq_cargo.doc