CBP's Sixth Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo

According to CBP, this December 2, 2004 version reflects updates to FAQs 2, 18, 32, and 37.

This is Part II of a two-part series of summaries on this December 2, 2004 FAQ, and covers updated FAQs 2, 18, and 37. Throughout this summary, plusses indicate new text, carrots < > indicate deleted text.

Updated FAQ 2 - Required and Voluntary Participation

In FAQ 2, CBP has revised part of the answer to the question on whether parties that are eligible to voluntarily participate in the Air Automated Manifest System (AMS) are required to do so, as follows:

<No.> Under these rules, participation for these parties is voluntary.

Updated FAQ 18 - Permits to Transfer (Local Transfer)

Revised Q&A. In FAQ 18, CBP has revised a sentence in the answer to the question on whether an Air AMS carrier is required to request a permit to transfer electronically through Air AMS for consolidated cargo, as follows:

The final rule requires that the carrier transmit the local transfer destination facility information <must be provided electronically> through Air AMS for the master air waybill record.

New Q&A. CBP has added a new question to FAQ 18 on whether the carrier may request a permit to transfer electronically at the house air waybill level if only one house air waybill in a consolidation is to be transferred to another facility within the limits of the port. (For example, may the carrier request a 1F to transfer cargo under a single house air waybill record to a Foreign Trade Zone (FTZ) under the direct delivery procedures of 19 CFR 146.39?)

CBP responds that no, Air AMS edits do not allow a carrier or any other Air AMS participant to request an electronic permit to transfer at the house air waybill level. In this case, any party requesting a permit to transfer at the house air waybill level must prepare a paper copy of the permit to transfer document and present it to CBP to post the transaction to the air waybill record.

Updated FAQ 37 - Shipper/ Consignee Information

New Q&A. CBP has added new question to FAQ 37 on what the Air AMS record should reflect as the shipper for each type of air waybill record.

CBP responds that as noted in the final rule, for consolidated shipments, the identity of the consolidator, express consignment or other carrier is sufficient for the master air waybill record. For non-consolidated shipments, the name of the foreign vendor, supplier, manufacturer, or other similar party is acceptable (and the address of the foreign vendor, etc., must be a foreign address); by contrast, the identity of a carrier, freight forwarder or consolidator is not acceptable.

Revised Q&A. In FAQ 37, CBP has revised the following question and answer, as follows:

Sometimes, the physical air waybill record may list a shipper or consignee that is different from the party that is required to be reported. For example, a bank or other similar party may be listed as the consignee on the air waybill. In this case, what should the Air AMS participant include in its transmission?

CBP responds that it recognizes that for various commercial and financial reasons a physical air waybill document may list a shipper or consignee other than the party required to be reported pursuant to this regulation. In this case of consignee data, CBP still requires that the Air AMS record contain "the name and address of the party to whom the cargo will be delivered." However, 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.

(See ITT's Online Archives or 12/09/04 news, 04120905, for Part I covering updated FAQ 32.)

CBP's sixth version of its air FAQ (dated 12/02/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/air_faq_cargo.ctt/air_faq_cargo.doc