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Frequently Asked Questions:
Required Advance Electronic Presentation of Cargo Information for
Truck Carriers, Implementation of Trade Act of 2002
- What advanced electronic cargo information is required by this notice
for trucks entering the U.S.?
This notice requires that current systems for providing information to CBP
be used as the approved electronic data interchanges to meet the requirements
of the regulations. As a result, current providers of information through
the Automated Broker Interface (ABI) and other formats will continue to provide
necessary information. This notice provides mandatory standard electronic
data interchanges and initiates the time frames for submission of the data
as specified in the December 5, 2003 Federal Register Notice.
- How far in advance does the cargo information need to be submitted to
CBP?
Cargo information must be received by CBP in its electronic systems at
least one (1) hour prior to arrival. For shipments that qualify for the Free
and Secure Trade (FAST) program the information must be received at least
30 minutes prior to arrival. Two systems, BRASS and CAFES (discussed in question
3) allow for presentation of the information at the time of arrival.
- What are the approved electronic data interchanges?
CBP has approved the following interchanges for transmission of advance cargo
information in this interim phase:
- Pre-Arrival Processing System (PAPS) - A system that links electronic
entry information supplied by a Customhouse broker through the Automated
Broker Interface (ABI) with a Standard Carrier Alpha Code (SCAC) and unique
identifier number (eg, bill of lading, pro-bill or entry number) provided
by a carrier. The shipment is identified at arrival by a barcode containing
the SCAC code and unique identifier.
- ABI in-bond format (QP/WP) - An ABI based format that allows filers
to submit in-bond information directly to CBP and receive movement authorization
electronically. The shipment is identified at arrival by the CBP 7512
(in-bond document) that may also contain a barcode containing the in-bond
serial number.
In addition to these two interchanges, CBP has made an exception to the advance
cargo information time frames for two additional electronic data interchanges.
These interchanges allow for the electronic transaction to occur at the time
of arrival in the U.S. These exceptions were made because of the enhanced
security features inherent in their use. These interchanges are:
- Border Release Advance Screening and Selectivity (BRASS) - Pre-screened
commercial parties importing pre-approved products are granted release
at the time of arrival. The importer provides a barcode representing the
transaction, a manifest and a commercial invoice that is presented by
the driver. The information is verified and the shipment is released.
There are additional new security measures added to BRASS to make it more
compatible with the regulations.
- Customs Automated Forms Entry System (CAFES) - Allows in-bond transactions
to be input directly into the CBP system by use of a 2-dimensional barcode.
This barcode and the in-bond document is generated by a free software
program made available by CBP on its web site.
Additional information is available on all of these data interchanges by contacting
a CBP ABI client representative or at CBP.gov.
- What changes have been made to BRASS to improve security and allow it
to be used to meet the requirements?
Changes made to allow the continuation of paper based BRASS as an interim
exception to the requirement to provide advance electronic submission of cargo
information include:
- As of August 17, 2004 only current BRASS participants will be allowed
to continue on the system.
- Minimum BRASS transaction standards will be increased and enforced.
- The truck carrier carrying the merchandise must only utilize drivers
who are registered under the Free and Secure Trade (FAST) program and
carrying a FAST Driver Card. This requirement does not currently apply
at the ports of Eastport, Idaho; International Falls, Minnesota; Grand
Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards are not
available but will be required when they become available.
- For processing along the southern border, the truck carrier participates
in an approved industry partnership program, such as C- TPAT (Customs-Trade
Partnership Against Terrorism).
- Are there any exceptions to these requirements for arriving trucks?
The regulatory exceptions to advance electronic submission of information
include:
- Cargo in transit from point to point in the United States. Domestic
cargo transported by truck and arriving at one port from another in the
United States after transiting Canada or Mexico (Sec. 123.21; Sec. 123.41).
- Certain informal entries:
- Merchandise which is informally entered on Customs Form (CF) 368 or
CF 368 A (cash collection or receipt);
- Merchandise unconditionally or conditionally free, not exceeding $2000
in value, eligible for entry on CF 7523.
- Products of the United States being returned, for which entry is prescribed
on CF 3311.
In addition, there are exceptions for this interim phase of the requirements
including:
- Other shipments currently entered and released on paper such as CBP
3299 (Declaration for Free Entry of Unaccompanied Articles), CBP 214 (Application
for Foreign Trade Zone Admission), Instruments of International traffic
(empty racks etc) entered on a CF 7533 and Sec. 321 releases.
- Merchandise in-transit through Canada travelling on a CBP 7512 B (Canada
8 ½) is exempted by regulation. What about merchandise in-transit through
the U.S. on the same form?
Merchandise in-transit through the U.S. is treated as a Transportation and
Exportation in-bond movement. This information should be transmitted to CBP
via either QP/WP (one hour in advance) or CAFES (at the time of arrival).
The CBP 7512 B (Canada 8 ½) may still be used at arrival but the information
must be transmitted electronically.
- Will the paper based Monthly Manifest program be discontinued as a result
of this notice?
CBP intends to continue support for what is known as Monthly Manifest
(which applies to automotive products), until the periodic summary reporting
that Monthly Manifest supports is available electronically.
- Customhouse brokers and importers file entries, why does a rule directed
at carriers require entry processes?
Until an electronic manifest process is available for truck cargo, CBP will
use current reporting systems. The regulation providing for advance electronic
submission for trucks (19 CFR 123.92) allows different commercial parties
to transmit the information that they possess. Customhouse brokers will continue
to provide PAPS information through ABI and carriers will provide the relevant
movement information. In this interim phase movement information is limited
to a couple of items but when a truck manifest system becomes available, more
data elements will be required from the carriers.
- What specific information will the carrier be required to provide in
order to meet these initial requirements?
For security purposes, to identify and link the carrier electronically to
the entry transaction, PAPS, QP/WP and CAFES all require that the carrier
possess a valid Standard Carrier Alpha Code (SCAC) and assign a unique number
in combination with this code. The number can be any combination of numbers
up to 12 characters including in-bond serial number or CBP entry number as
well as a carrier assigned pro-bill number.
- How does a carrier obtain a SCAC code?
A carrier may obtain a SCAC code by contacting the National Motor Freight
Traffic Association, Inc., 2200 Mill Rd., Alexandria, VA 22314-4654 or www.nmfta.org.
Carriers should Fax their NMFTA letter of notification to the CBP SCAC Registration
Office at (703) 921-7173 (Fax number).
- How does the carrier transmit the SCAC and number combination to CBP?
The carrier will provide this information to the Customhouse broker (or other
ABI filer) in sufficient time to allow for electronic transmission to CBP
1 hour (or 30 minutes for FAST shipments) in advance. For PAPS shipments,
this information is required to be placed on the manifest (CBP 7533) and invoice
in a bar coded format for presentation to CBP at the time of arrival.
- What if a carrier does not have a SCAC code or is crossing for the first
(or only) time?
Commercial carriers that infrequently cross the border should still request
a SCAC code and use it for border crossings as described above. On a limited
case by case basis, CBP may allow first time or one time commercial carriers
to arrive and release shipments without using a SCAC code. CBP Officers will
be exercising enforcement discretion in making these case by case determinations.
Examples of this may include but are not limited to:
- One time importers bringing commercial goods for their own use.
- Commercial shipments carried in personal or rental vehicles as sales
samples and warranty replacements.
- Some movements of farm equipment across the border when entry is required.
- If an owner operator or other small carrier is contracted to transport
the merchandise across the border for a larger carrier that provides the pro-bill/bill
of lading, which SCAC code should be provide?
Until the ACE manifest is able to identify the specific truck and driver for
a shipment, the billing carrier should be identified in the transaction.
- What are the new requirements for Customhouse brokers under the regulations?
There are no new requirements for brokers to follow. The process of filing
entry has not changed and the brokers will still submit electronic information
as currently required by law and regulation. The broker shall input the SCAC
and identifier number in the appropriate fields for the various transactions.
It is important to remember that CBP must receive the information in their
system one hour (30 minutes for FAST) in advance of the carrier's arrival.
- If I use remote location filing (RLF), will there be any changes that
affect me?
There are two parts of this implementation that will affect RLF filers:
- All entries submitted for land border RLF shipments must be received
by CBP at least one hour prior to arrival of the truck in the U.S.
- The SCAC code and unique identifier (pro-bill or entry number) must
be identified in the existing specific fields of the ABI transmission
from the filer. No paper invoice will be required for RLF filers if the
electronic invoice is available. The shipment may be released using either
current RLF processes or PAPS. In lieu of the invoice, the carrier must
note on the manifest that the shipment has been filed as an RLF entry
and the invoice has been filed electronically.
- When do these new rules become effective?
These rules went into effect on November 15, 2004 in the first group of 40 ports
of entry; on December 15, 2004 became effective at the next group of 43
ports and on January 14, 2005, the rule became effective at the remaining 16 ports.
- How do these changes impact processing at the permit ports listed on
the Federal Register Notice?
Permit ports will continue to process only entries for which a permit has
been granted for that port. These changes do not open permit ports to all
arriving merchandise. The primary change to permit port processing will involve
the replacement of current BREL processing with electronic entry procedures
through ABI. The requirement for PAPS, BRASS, QP/WP and CAFES applies to permit
ports.
- On November 15, 2004 (December, 14, 2004 and January 15, 2005) what
will happen if a truck with a shipment that does not meet one of the exemptions
arrives at the border without a PAPS, BRASS (with new requirements), QP/WP
or CAFES entry?
On the first day of implementation of the regulations informed compliance
procedures will be used. For a period of time (exact dates to be published
later) all non-compliant trucks will be informed of their non-compliance with
CBP regulations and receive guidance on complying with the new regulations.
After this initial period of informed compliance trucks may be denied entry
or unlading privileges and may be returned to their country of origin. This
enforced compliance phase will continue indefinitely. Carriers and other providers
of information may be subject to penalty action under current regulation governing
information submission to CBP. A compliance guidance document that establishes
enforcement dates and describes actions that may be taken by CBP will be published
at www.CBP.gov prior to November 15, 2004.
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