CBP Issues Fifth Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo
U.S. Customs and Border Protection (CBP) has issued its fifth version (dated November 5, 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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The November 5, 2004 version contains three revised questions (FAQs 13, 18, and 19) and two new questions (FAQs 37 and 38.) (The November 5, 2004 version incorrectly refers to FAQs 37 and 38 as "updated" rather than new.)
New FAQ 37 - Consignee Information
In response to a question as to what the Air Automated Manifest System (AMS) record should reflect as the consignee for each type of air waybill record, CBP states that for consolidated shipments, the identity of the container station, express consignment or other carrier is sufficient for the master air waybill record. For non-consolidated shipments (simple and house air waybill records), CBP states that the name and address of the party to whom the cargo will be delivered is required.
In response to a question regarding the information the Air AMS participant should include in its transmission when the physical air waybill record lists a consignee that is different from a party noted above (e.g., a bank or other similar party), CBP states that it recognizes that for various commercial and financial reasons a physical air waybill document may list a consignee other than the party required to be reported pursuant to regulation. CBP states that while it still requires that the Air AMS record contain "the name and address of the party to whom the cargo will be delivered," the physical air waybill document may list another party. This does not affect the presentation of an air waybill document as evidence of the right to make entry pursuant to 19 CFR 141.11.
New FAQ 38 - Express Consignment Operations
In response to a question on whether CBP has approved multiple parties that constitute a single express consignment carrier facility (ECCF) to participate in Air AMS, CBP states that it may approve each member of an ECCF to participate in Air AMS as its own ECCF.
CBP responds to a question of how, in this case, the carrier should complete the AGT and TRN line of the Air AMS transmission, by stating that the carrier should input the FIRMS code of the unique express consignment carrier in both the AGT and TRN line of its master air waybill record.
CBP also states that the importing carrier is not required to submit the air waybill record as a master express consignment air waybill (standard message identifier FXI/FXC) when the cargo will be transferred to an ECCF or hub. According to CBP, the importing carrier may transmit the master air waybill record with the FRI/FRC standard message identifier. The express consignment carrier/hub may then update the master air waybill record with a standard message identifier of FXC to change the record type to an express master air waybill.
Revised FAQ 13 - Consolidated Shipments
CBP has revised FAQ 13 on consolidated shipments by adding a new question asking how the carrier should report the master air waybill record, when an express consignment carrier is providing house air waybill level information through a CBP-approved proprietary system.
CBP states that only in cases where the house air waybill level information will be received by CBP through an approved proprietary system for express consignment cargo may the carrier eliminate the consolidation identifier and identify the record as a simple air waybill. In this case, the carrier will still use the AGT field of the record to identify the party that will supply the house air waybill level information.
Revised FAQ 18 - Permits to Transfer (Local Transfer)
CBP has revised FAQ 18 on permits to transfer (local transfer) in order to add a new question on whether the house air waybill records need to be on file if the carrier requests a permit to transfer at the master air waybill level. According to CBP, Air AMS edits require that at least one house air waybill record be on file before the transfer request is approved at the master air waybill level.
CBP has also responded to a second new question to state that the carrier should not transmit a house air waybill record solely for the purpose a generating the permit to transfer approval message (1F) when the full house air waybill information is received from another voluntary Air AMS participant.
Revised FAQ 19 - Incomplete House Air Waybills
CBP has revised FAQ 19 on incomplete house air waybills by expanding its response to the question of whether an eligible Air AMS participant that files house air waybill information independently of the incoming air carrier needs to supply the flight transportation information including the scheduled date of arrival, carrier code, flight number and airport routing information.
CBP now states that an eligible Air AMS participant that reports house air waybill information independently of the incoming air carrier should not include the cargo control line (CCL) or the arrival line (ARR) in its FRI/FXI or FRC/FXC message. This may create an error message when the carrier attempts to transmit the master air waybill record.
(See ITT's Online Archives or 11/19/04 news, 04111915, for BP summary of CBP's fourth version of this FAQ.)
CBP's fifth version of its air FAQ (dated 11/05/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/air_faq_cargo.ctt/air_faq_cargo.doc.