CBP Issues FAQ on ACE E-Manifest (Includes Information on Mandatory E-Manifest and Entry/Release)

CBP states that the use of e-Manifests is currently voluntary, however, CBP has issued a notice in the Federal Register announcing that it will begin implementation of a mandatory e-Manifest policy at certain ports on January 25, 2007. (See ITT's Online Archives or 10/30/06 news, 06103005, for BP summary of this Federal Register notice.)

FAQ Provides Information on ACE Mandatory E-Manifest and Entry/Release, Etc.

Among other things, this document provides questions and answers regarding the ACE mandatory e-Manifest and entry/release, as follows (partial list):

Will carriers be able to continue using other entry/release systems to submit entries and obtain cargo releases? According to CBP, the Pre-Arrival Processing System (PAPS) and other entry/release processes will continue to be in use at all ACE and non-ACE ports throughout and after the transition to ACE and implementation of the mandatory e-Manifest policy.

CBP states that ACE supports existing entry/release processes, including PAPS, the Border Release Advanced Selectivity System (BRASS), In-bond processing, and Section 321 processing, as well as the Free and Secure Trade (FAST) program. ACE integrates existing entry and release processes and adds some new automated methods to obtain release of cargo and request the in-bond movement of cargo.

CBP notes that all existing entry and release methods will continue to be used for the purpose of entry submission and obtaining release of cargo. Once mandatory filing of e-Manifests has been implemented, PAPS and electronic in-bond (QP/WP) messages will continue to be used for the purpose of obtaining the release or authorized movement of cargo, but these entry methods will not be considered sufficient notification to CBP of the anticipated arrival of cargo.

Will carriers be able to continue using other entry/release systems to comply with the Trade Act of 2002 advance cargo rule? CBP states that, except for certain temporary exceptions, carriers will not be able to continue using other entry/release systems to comply with the Trade Act of 2002 advance cargo rule.

CBP states that, at ports where the mandatory e-Manifest policy is in effect, only an e-Manifest or FAST National Customs Automation Program (NCAP) electronic message will satisfy requirements for the advance cargo rule. During the transition period at ports where ACE is not available and/or e-Manifest use is not yet mandatory, current processes will continue to be used to comply with the rule until the mandatory policy is implemented.

How does use of e-Manifests impact PAPS? According to CBP, it will continue to use PAPS as a mechanism for the submission of entry data in conjunction with a carrier's ACE e-Manifest. It is recommended PAPS continue to be used in all cases where it is currently being used for filing entries, even when filing an e-Manifest.

CBP states that the use of PAPS means the entry is filed via the Automated Broker Interface (ABI) prior to the arrival of the truck. ACE e-Manifest only eliminates the need for a carrier to present a PAPS barcode to the CBP officer. The earlier an entry is filed, the better for everyone. Advance submissions give both the carrier and the broker time to confirm that the entry data filed by the broker (through PAPS) matches the manifest data filed by the carrier (through an e-Manifest). The e-Manifest data will need to be associated with the corresponding entry data.

CBP notes that the lack of an e-Manifest will ultimately result in a denial to proceed, which means the truck could be turned around at the border, unable to cross until compliance with the policy is achieved.

Does the phasing in of the mandatory e-Manifest policy mean carriers will have to use two systems until ACE deployment is complete if they are crossing at ACE and non-ACE ports? CBP states that it depends on the situation. CBP presents the three types of scenarios possible during the transition period:

1. At a port that has mandated the use of e-Manifests: a carrier must transmit, at least one hour prior to the arrival of the truck (30 minutes if FAST qualified), an e-Manifest to comply with the advance cargo rule. In addition, arrangements must be made, as before, for the release of the cargo being carried.

CBP states that these releases can be obtained by previously used methods such as a pre filed entry through PAPS. Authorized movement of cargo under bond can be obtained either by the pre-filing of electronic in-bond requests (QP/WP messages) or in-bond requests can be made via the e-Manifest. Carrier declarations supported by special provisions of the regulations, such as Section 321, General Headnote 1 or Goods Astray rules, can be declared by the carrier via e-Manifest. E-Manifests will be required for cargo that is released via paper processes, such as Customs Form (CF)-3299 Unaccompanied Articles, CF-3311 Free U.S. Goods Returned or CF-7523 Free of Duty. These paper processes can be identified in the e-Manifest declaration as the designated release type. These CBP forms and appropriate supporting documentation will be required to be available upon request.

1. At a port that has deployed ACE but has not mandated the filing of e-Manifests: it will be the carrier's option to comply with the advance cargo rule by either filing an e-Manifest or following the previously prescribed methods, namely PAPS or QP/WP. Previously documented exceptions will continue to exist, such as cargo moving in-transit from point to point in the U.S., and certain informal entries.
2. At ports where ACE is not yet deployed: carriers will continue to use the same systems and paper manifests they are using now until the transition to ACE is made.

CBP FAQ (dated 10/06) available in English at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/ace/emanifest_faq.ctt/emanifest_faq.doc; available in Spanish at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/carrier_info/electronic_truck_manifest_info/emanifest_faq_span.ctt/emanifest_faq_span.doc