CBP's Seventh Version of its FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo (Part III - Final)
U.S. Customs and Border Protection (CBP) has issued its seventh version (dated January 12, 2005) 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 is Part III, the final part of a multi-part series of summaries on this January 12, 2005 FAQ, and covers updated FAQs 18, 32, 6, and 8 as well as FAQs 2, 3, 5, 7, 9, 14, 19, 21, 28 and 34.
(See ITT's Online Archives or 01/24/05 and 01/25/05 news, 05012410 and 05012510, for Parts I and II.)
FAQ 18 - Permits to Transfer (Local Transfer)
In FAQ 18, CBP has deleted a question and answer that had just been added in the sixth version of this FAQ.
The deleted question was 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 had responded that no, Air Automated Manifest System (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.
(See ITT's Online Archives or 12/10/04 news, 04121025, for BP summary of this question and answer's addition to the sixth version of this FAQ.)
FAQ 32 - Quantity to Be Reported
CBP has revised the table in FAQ 32 in order to indicate that 1 Unit Load Device (ULD) may contain boxes, cartons, packages or other similar units.
(See ITT's Online Archives or 12/09/04 news, 04120905, for BP summary of this table's addition to the sixth version of this FAQ.)
FAQ 6 - Air AMS Documentation
CBP has updated FAQ 6 in order to revise its answer to the question asking how changes are distributed when they are made to the Customs Automated Manifest Interface Requirements - Air (CAMIR-Air).
CBP continues to respond that when a change is made to the CAMIR-Air, the version of the document on CBP's Web site is updated. However, CBP has deleted the sentence stating that Air AMS client representatives also distribute copies of the changes to their assigned clients.
FAQ 8 - Enforced Compliance Procedures - Phase 1
In updated FAQ 8, CBP states that although the time period for the initial phase of enforced compliance has been completed, a number of its provisions remain in effect for any inbound aircraft that is required to enter under 19 CFR 122.41 that has commercial cargo aboard but has not established Air AMS communications with CBP in that port.
CBP lists six provisions of the initial phase of enforced compliance that will remain in effect.
For example, one provision states that CBP will not recognize any permit or special license to unlade that may already be on file with CBP if the carrier is not an Air AMS participant when required. The cargo may not be unladen at the first U.S. port of arrival or at any subsequent U.S. port. CBP states that it will still require that the carrier present a paper copy of the CBP Form 7509 (Air Cargo Manifest) in the required timeframes. The cargo will remain aboard the aircraft while CBP conducts a review of the manifest.
See FAQ for the list of the other five provisions of the initial phase of enforced compliance that will remain in effect.
(See ITT's Online Archives or 11/19/04 news, 04111915, for BP summary of the revisions made to FAQ 8 in the fourth version of this FAQ.)
Clarifying and Editorial Changes
CBP has also made clarifying and editorial changes to FAQs 18, 32, 6, and 8 as well as to FAQs 2, 3, 5, 7, 9, 14, 19, 21, 28 and 34.
Such changes include: reordering/reworking sentences for improved readability or clarity; uniform use of abbreviations; deletion of certain sentences/paragraphs that discuss compliance dates that have passed; etc.
CBP's seventh version of its Air FAQ (dated 01/12/05) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/air_faq_cargo.ctt/air_faq_cargo.doc