CBP Issues Fourth Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo
U.S. Customs and Border Protection (CBP) has issued its fourth version (dated October 7, 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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Among other things, the October 7, 2004 version contains one revised question (FAQ 8) regarding enforced compliance for air carriers required to participate in Air AMS that fail to do so, and one new question (FAQ 9) regarding enforced compliance for those parties that fail to transmit air waybill records in the time and manner required.
Revised FAQ 8 - Enforced Compliance Procedures - Phase 1
FAQ 8, which outlines CBP's enforced compliance procedures for carriers that are required to participate in Air Automated Manifest System (AMS) but fail to do so, has been revised to reflect the addition of the phrase "Phase 1" to its title.
This newly titled FAQ continues to be subdivided into Phases 1-4, with Phase 4 beginning after September 7, 2004 for the Eastern U.S., after November 9, 2004 for the Central U.S. and after January 4, 2005 for the Western U.S.
(See ITT's Online Archives or 07/27/04 news, 04072710, for previous BP summary of FAQ 8. With the exception of its name change, revised FAQ 8 appears to be substantially similar to that summarized in ITT's 07/27/04 news.)
New FAQ 9 - Enforced Compliance Procedures - Phase 2
In response to a question of what enforced compliance actions CBP will initiate against those parties that fail to transmit air waybill records in the time and manner as specified by the regulations, CBP states that beginning on the dates established in the schedule below, CBP will begin the next phase of its enforced compliance procedures to ensure that the information is presented in the time frames required by the regulation.
(These time frames begin on approximately the same date as Phase 4 in FAQ 8.)
Liquidated damages. CBP states that it will initiate a penalty or claim for liquidated damages when the air waybill record has not been received by CBP in the time frame established by the regulation.
Holds on air waybill records. CBP states that it will also begin to place holds on air waybill records when the cargo description, shipper or consignee information is not provided or the information provided is not acceptable. CBP will also place holds on master air waybill records if the required house air waybill information has not been received by CBP.
Finally, CBP states that it will place a hold on split master air waybill records when the carrier fails to submit the required information for the affected house air waybills pursuant to 19 CFR 122.48a(d)(3). According to CBP, these holds will be placed in addition to any other holds placed on air waybill records when the cargo has been selected for physical inspection.
| Date |
| Eastern U.S.September 7, 2004 |
| Central U.S.November 9, 2004 |
| Western U.S.January 4, 2005 |
(The succeeding FAQs have also been renumbered to reflect the addition of new FAQ 9. The October 7, 2004 version also incorrectly characterizes FAQ 9 as "updated" rather than "new.")
CBP has more recently posted a November 5, 2004 version of this FAQ to its Web site. See future issues of ITT for BP summaries of CBP's November 11,2004 FAQ.
(See ITT's Online Archives or 08/20/04 news, 04082005, for BP summary of CBP's third version (dated 08/13/04) of its air cargo FAQ.)
CBP's fourth version of air cargo FAQ (dated 10/07/04) available at