CBP's Updated "Vessel Mode" FAQ on the Inbound Advance Electronic Cargo Information Requirements
U.S. Customs and Border Protection (CBP) has issued an updated version of its frequently asked questions (FAQ) and responses on its final rule requiring, among other things, the advance electronic presentation of information for inbound vessel cargo.
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This is Part I of a multipart series of summaries on this August 3, 2004 revised FAQ, and covers new FAQ 20 (Manifesting Ship Spares), new FAQ 21 (Fishing Vessels), new FAQ 22 (Research Vessels), and new FAQ 23 (Government Vessels).
(See ITT's 08/06/04 news, 04080605 for BP summary announcing the availability of CBP's updated versions of the "Vessel Mode" and "All Modes" FAQs on the advance electronic presentation of cargo information. See future issues of ITT for additional summaries on these FAQs.)
FAQ 20 - Manifesting Ship Spares
In response to a question asking if carriers are required to manifest ship spares, CBP states that 19 CFR 4.39 allows equipment of a vessel arriving either directly or indirectly from a foreign port or place, in need of repair in the U.S., to be unladen from and reladen upon the same vessel to be controlled (under the procedures set forth in 19 CFR 4.30) on CBP Form 3171. CBP notes that this is the only situation where cargo declaration data for ship spares is not required to be transmitted electronically to CBP via Sea AMS.
According to CBP, vessel/ship spares that are unladen from one vessel intended for export, consumption, repair outside the U.S., or transfer to another vessel must be manifested in accordance with 19 CFR 4.7a(c). CBP adds that the cargo declaration data must be transmitted electronically to CBP via Sea AMS as soon as the determination is made to unload the vessel/ship spare(s).
FAQ 21 - Fishing Vessels
In response to an inquiry as to whether fishing vessels are subject to the Trade Act of 2002 (Act), CBP states that fishing vessels are subject to the Act and there are no exceptions or waivers to the automation requirement for electronic transmission of cargo declaration data mandated by the Act. CBP adds that the provision relating to the landing of fish or fish products in the U.S. in the Nicholson Act, as amended (46 USC App. section 251(a)) has not been changed since its enactment in 1950.
CBP states that the country of origin of fish caught on the high seas is that of the catching vessel. Thus, the country of origin of the fish caught by U.S. vessels is the U.S. and such fish are not subject to the requirements of the Act or the 24-hour regulations.
However, U.S. fishing vessels returning with fish from a foreign port or place, including fish from foreign territorial waters, are subject to the requirements of the Act, the 24-hour rule, and the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act). CBP states that information on the Bioterrorism Act is posted on the Food and Drug Administration's Web site (www.fda.gov) and the CBP Web site (www.cbp.gov/xp/cgov/import/commercial_enforcement/bioterrorism/bioterrorism_act.xml).
(CBP further explains that the "Halibut Fishing Vessel Convention between the U.S. and Canada" signed on March 24, 1950 (Treasury Decision (T.D.) 52862) only permits Canadian fishing vessels engaged in the North Pacific halibut fishery to land their catches of halibut and sablefish in U.S. ports. The other, "The Treaty Between the Government of the U.S. and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges" signed on July 29, 1981 (T.D. 81-227), originally permitted Canadian fishing vessels to land their catches of albacore tuna only in the ports of Astoria, OR; Bellingham, WA; Coos Bay, OR; and Crescent City, CA.
On October 10, 1997, the Governments of the U.S. and Canada amended this treaty by adding the following U.S. ports to this list: Westport; WA, Newport, OR; and Eureka, CA, the latter of which replaced Crescent City, CA.
CBP states that the Canadian fishing vessels may apply for a waiver to the 24-hour requirement; however, they must obtain a Type 3 CBP international carrier bond and transmit cargo declaration data electronically via Sea AMS in order to comply with CBP's final rule.)
CBP's final rule providing for advance manifest regulations for all modes of transportation both in and out of the U.S. was established as a result of certain requirements contained in the Trade Act of 2002.
FAQ 22 - Research Vessels
In response to a question asking if research vessels are subject to the Act, CBP states that they are. Again, CBP states that there are no exceptions or waivers to the automation requirement for electronic transmission of cargo declaration date mandated by the Act.
CBP adds that the United Nations Convention on the Law of the Sea (UNCLOS) provides that States have jurisdiction over marine scientific research (MSR) within the 200 nautical-mile area known as the Exclusive Economic Zone (EEZ) and the territorial sea.
According to CBP, the State Department facilitates the transmission of MSR applications to the appropriate authorities as required by UNCLOS articles 248 -250. In addition, the State Department assists both the U.S. research community seeking access to foreign territorial seas an EEZs and the foreign research community seeking access to U.S. waters. CBP states that requirements for MSR may be viewed at the State Department Web site at www.state.gov/g/oes/ocns/rvc/.
FAQ 23 -Government Vessels
In response to a question asking whether government vessels are subject to the Act, CBP states that in accordance with 19 CFR 4.5, vessels under the complete control of the U.S. Government or a foreign government are exempt from entry requirements but not clearance requirements.
CBP states that in order to obtain CBP port courtesies for a foreign government vessel to make port calls in the territories of the U.S., the embassy of the foreign nation is required to notify the State Department, by diplomatic note, at least 30 days before the vessel's arrival.
CBP adds that it will extend courtesies to vessels controlled and managed by foreign nations only upon notification from the State Department to CBP's Office of Field Operations that the certification process is complete.
(See ITT's Online Archives or 08/06/04 news, 04080605, for BP summary announcing CBP's updates to its "All Modes" and "Vessel Mode" FAQs.)
"Vessel Mode" FAQ (revised 08/03/04) available at