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CBP Issues Third Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo

U.S. Customs and Border Protection (CBP) has issued its third version (dated August 13, 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 August 13, 2004 version contains one new question (FAQ 35) on code-share flights. (The August 13, 2004 version incorrectly refers to "updated" FAQ 35, rather than new FAQ 35.)

FAQ 35 - Code-Share Flights

In response to a new question on how two or more carriers that are participating in a code-share arrangement can each participate in Air Automated Manifest System (AMS) for a code-share flight, CBP states that each air carrier participating in an officially approved Department of Transportation (DOT) code-share arrangement may assume responsibility for submitting information related to its own cargo as an "incoming air carrier" under 19 CFR 122.48a.

According to CBP, when an aircraft submits its advance notice of arrival or its flight schedule pursuant to 19 CFR 122.31, such notice or schedule must contain the identities of the carriers that will participate in a code-share arrangement for cargo manifest purposes. The carrier code and flight number of each airline must be listed on such advance notice or schedule. In addition, the DOT docket number(s) regarding the code-share application for the carriers involved must be provided.

CBP states that for purposes of transmitting the air waybill information in Air AMS, each air carrier will transmit air waybill records referencing its own carrier code and flight number. The party that supplies the information will be responsible for the accuracy and completeness of the information so provided.

In addition, CBP states that the general declaration, CBP Form 7507, which is generally required for all aircraft required to enter under 19 CFR 122.41, must also contain the carrier code and flight number of each carrier participating in a cargo code-share arrangement for that flight. Such information may be noted on the document in the box labeled "For official use only." The regulations note that aircraft arriving directly from Canada on a flight beginning in Canada and ending in the U.S. need not file a general declaration. In this case, the various carriers involved in the code-share may be noted on the CBP Form 7509 in box 15.

Implementation of Inbound Air Cargo Requirements in Eastern U.S. Began August 13, 2004

CBP's FAQ continues to note that the effective dates of implementation of the advance electronic manifest information requirements for inbound air cargo are August 13, 2004 for the Eastern U.S.; October 13, 2004 for the Central U.S.; and December 13, 2004 for the Western U.S.

(See ITT's Online Archives or 08/11/04 news, 04081105, for most recent BP summary on CBP's August 13, 2004 implementation of advance manifest information requirements for inbound air cargo.

See ITT's Online Archives or 03/04/04 news, 04030405, for BP summary of CBP's notice announcing its inbound air cargo implementation schedule.)

CBP's 3rd version of air cargo FAQ (dated 08/13/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/air_faq_cargo.ctt/air_faq_cargo.doc