CBP Announces Compliance Dates for the Mandatory Advance Electronic Information Requirements For Inbound Truck Cargo

According to this final rule, CBP must electronically receive certain information regarding truck cargo through a CBP-approved electronic data interchange (EDI) system no later than one hour prior to the carrier's reaching the first port of arrival in the U.S., or no later than 30 minutes prior to the carrier's reaching the first port of arrival in the U.S. for shipments qualified for clearance under the Free and Secure Trade (FAST) program. (See CBP notice for details on exceptions for cargo in transit from point to point in the U.S. and certain informal entries.)

CBP states that it is implementing these mandatory advance electronic information requirements on three staggered compliance dates, with each date for a different group of ports of entry.

PAPS and QP/WP Will be Used to Transmit Advance Truck Cargo Information

In order to effect the advance electronic transmission of the required truck cargo information to CBP, CBP has approved two interim Electronic Data Interchange (EDI) systems, for use until the Automated Commercial Environment (ACE) Truck Manifest (Release 4) becomes fully operational:

1. Pre-Arrival Processing System (PAPS), and
2. QP/WP (an Automated Broker Interface (ABI) in-bond processing system that allows ABI filers to create and process in-bond shipments).

CBP states that truck carriers bringing commercial cargo subject to advance cargo information requirements into the U.S. must use one of these two interim EDI systems, with the following temporary exceptions:

CAFES and BRASS Temporary Exceptions.As a temporary accommodation, CBP states that it will not require either of the CBP-approved EDI systems to be used if the merchandise transported by the truck carrier is currently approved for processing under the Customs Automated Forms Entry System (CAFES) or the Border Release Advanced Screening and Selectivity (BRASS) programs.

CBP states that under the BRASS program, the following conditions must be met:

the importer and shipper involved in the transaction are current BRASS participants (as of August 17, 2004);

the importer and shipper have engaged in a minimum number of BRASS import transactions during the previous calendar year. (The minimum number is currently 50, but CBP retains the right to change this number as a matter of policy.)

the truck carrier carrying the merchandise only utilizes drivers who are registered under the Free and Secure Trade (FAST) program and carrying a FAST Driver Card; and

(CBP notes that this requirement does not apply at the ports of Eastport, ID; International Falls, MN; Grand Portage, MN; and Jackman, ME, where FAST Driver Cards are not available. This requirement will apply at these ports when CBP publishes a Federal Register notice announcing that CBP is ready to register FAST drivers at these geographic locations.)

for processing along the southern border, the truck carrier participates in an approved industry partnership program, such as C-TPAT (Customs-Trade Partnership Against Terrorism).

Three Staggered Compliance Dates, First is Scheduled for November 15, 2004

CBP has issued this notice in order to notify truck carriers that they will be required to present advance electronic cargo information regarding cargo arriving at particular ports of entry in the U.S. through a CBI-approved EDI system according to the following schedule (corresponding port code and field office location appear in parenthesis next to port location):

First implementation stage - November 15, 2004. Effective November 15, 2004, truck carriers must commence the advance electronic transmission to CBP of required cargo information for inbound cargo at the following 40 ports of entry:

Second implementation stage - December 15, 2004. Effective December 15, 2004, truck carriers must commence the advance electronic transmission to CBP of required cargo information for inbound cargo at the following 43 ports of entry:

Third implementation stage - January 14, 2005. Effective January 14, 2005, truck carriers must commence the advance electronic transmission to CBP of required cargo information for inbound cargo at the following 16 ports of entry:

See ITT's Online Archives or 12/15/03 news, 03121525, for BP summary of the inbound truck cargo aspects of CBP's December 5, 2003 final rule.

See ITT's Online Archives or 06/03/04 news, 04060310, for BP summary of CBP's announcement of meetings on the advance electronic cargo information requirements for inbound truck cargo.)

CBP contact - James Swanson (202) 344-2576.

CBP notice (FR Pub 08/17/04) available at

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18818.pdf.