CBP's FAQ on Mandatory Advance Electronic Information Requirements for Truck Carriers
U.S. Customs and Border Protection (CBP) has posted to its Web site a set of Frequently Asked Questions (FAQs) and responses regarding the mandatory advance electronic information requirements for truck carriers.
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(Subscribers should note that although it is not explicitly stated, the questions and answers in this FAQ appear to relate to inbound truck carriers.)
This is Part II of a three-part series of summaries on this FAQ, and highlights FAQs 3-5. See future issue of ITT for Part III, which will highlight FAQs 6-8, 14, and 15. (See ITT's Online Archives or 09/16/04 news, 04091605, for Part I.)
FAQ 3 - Approved Electronic Data Interchanges
Among other things, CBP states that additional information on Pre-Arrival Processing System (PAPS), ABI in-bond format (QP/WP), Border Release Advance Screening and Selectivity (BRASS), and Customs Automated Forms Entry System (CAFES) is available by contacting a CBP ABI client representative or on CBP's Web site, www.cbp.gov.
FAQ 4 - Changes Made to BRASS
In response to a question on what changes have been made to BRASS to improve security and allow it to be used to meet the final rule's requirements, CBP states that changes made to allow the continuation of paper based BRASS as an interim exception to the requirement to provide advance electronic submission of cargo information include:
As of August 17, 2004, only current BRASS participants will be allowed to continue on the system.
Minimum BRASS transaction standards will be increased and enforced.
The truck carrier carrying the merchandise must only utilize drivers who are registered under the Free and Secure Trade (FAST) program and carrying a FAST Driver Card. CBP notes that this requirement does not currently apply at the ports of Eastport, ID; International Falls, MN; Grand Portage, MN; and Jackman, ME, where FAST Driver Cards are not available but will be required when they become available.
For processing along the southern border, the truck carrier participates in an approved industry partnership program, such as the Customs-Trade Partnership Against Terrorism (C-TPAT).
FAQ 5 - Exceptions to Advance Electronic Information Requirement
According to CBP, the regulatory exceptions to advance electronic submission of information for arriving trucks include:
Cargo in transit from point to point in the U.S., and domestic cargo transported by truck and arriving at one port from another in the U.S. after transiting Canada or Mexico (See 19 CFR 123.21 and 123.41).
Certain informal entries:
- Merchandise which is informally entered on Customs Form (CF) 368 or CF 368 A (cash collection or receipt);
- Merchandise unconditionally or conditionally free, not exceeding $2000 in value, eligible for entry on CF 7523.
- Products of the U.S. being returned, for which entry is prescribed on CF 3311.
In addition, there are exceptions for this interim phase of the requirements, including:
Other shipments currently entered and released on paper such as CBP 3299 (Declaration for Free Entry of Unaccompanied Articles), CBP 214 (Application for Foreign Trade Zone Admission), Instruments of International traffic (empty racks, etc.) entered on a CF 7533, and Section 321 releases.
CBP's truck carrier FAQ (posted 09/13/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/truck_faqs.ctt/truck_faqs.doc