CBP Postpones Indefinitely "Phase 4" Enforcement for Mandatory Advance Electronic Information Requirements for Truck Carriers
(see corrected version of this BP summary in ITT's 03/16/06 news, 06031610)
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U.S. Customs and Border Protection (CBP) has posted to its Web site a notice announcing that it is postponing indefinitely its implementation of "Phase 4" enforcement for mandatory advance electronic information requirements for truck carriers, as required by the Trade Act of 2002.
(Three enforcement phases have been implemented to date: Phase 1 (In-bond - QP/WP and CAFES), Phase 2 (Pre-Arrival Processing System (PAPS)) and Phase 3 (Border Release Advance Screening and Selectivity (BRASS).)
CBP Had Posted Announcement on "Phase 4" in Early February 2006
In early February, CBP had posted to its Web site a notice that it would be implementing Phase 4 effective February 28, 2006, but CBP sources had stated by phone that they anticipated making changes to that posted notice and that it should not be relied upon. As a result, BP did not summarize that CBP notice, nor offer it. (See ITT's Online Archives or 02/06/06 news, 06020605, for previous BP summary on the expected implementation of Phase 4 enforcement.)
(Among other things, CBP's earlier notice had stated that effective February 28, 2006, CBP would deny entry to any non-ACE participating commercial conveyance that has not successfully transmitted advance cargo information (PAPS, QP) to CBP by the time of arrival.
CBP had also stated in the earlier notice that in cases where an ACE participant arrives at the border and had failed to comply with the advance electronic information requirements, the driver would be referred to secondary, where he would wait until the required cargo information was electronically received by CBP. Once the required cargo information was received, the conveyance and cargo would be processed in accordance with existing procedures. No action (penalty or denial of entry) would be taken against an ACE participating driver who failed to comply with the Trade Act.)
(See CBP's April 2005 Frequently Asked Questions regarding the Inbound Truck Mode - Trade Act of 2002 Final Rule for additional details on Phases 1-3. In the April 2005 FAQ, there is no Phase 4 announced. (http://www.cbp.gov/linkhandler/cgov/import/communications_to_trade/advance_info/truck_faqs.ctt/truck_faqs.doc.))
CBP's postponement notice (dated 02/21/06) available at http://www.cbp.gov/xp/cgov/import/communications_to_trade/advance_info/phase4_implement.xml.