Transcript US Customs Proposed Rule Required Advance Electronic

Required Advance Electronic
Presentation of Cargo
Information - Air; Final Rule
US Customs and Border
Protection
JANUARY 2004
CBP Published the Final Rule in
DEC 2003
• The rule is effective 05 JAN 2004
• Implementation date
– Ocean: within 90 days of 05 DEC 2003
– Air: on and after 04 MAR 2004
– Truck/Rail: on and after 90 days from CBP publish a
notice in the Federal Register (CBP has not yet
decided the required system)
– Export control (out of US): will be implemented
concurrent with the completion of the redesign of AES
commodity module. No firm date yet.
It is noted that
• As far as AIR is concerned, there is no
significant variance between the final rule
(DEC 2003) and the draft (JUL 2003)
• Letters and documents are exempted
• Require additional data in case of split
shipments
• CBP do not intend to issue notices when
Air AMS data have been entered and
accepted
Key Points - Import to U.S.
• Air carrier will bear primary responsibility
• Submit information through “Air AMS”
• Departures from Mexico, Canada, Central
America, South American north of the equator,
the Caribbean, and Bermuda - Wheels up
• Other locations - No later than 4 hours prior to
the aircraft’s arrival in the United States
• There will be no pre-departure-screening-and
hold process applied to air cargo
Items Excluded
• Virtually all cargo must be accounted for in
the submission, including company
materials
• Diplomatic/consular pouches are subject
to the rule. Description of shipment as
“diplomatic pouch” will be sufficient detail
for description.
• International mail are excluded
• Letter and document are exempted
Consolidation
• Air carriers submit the master air waybill
• Individual “house air waybills”
– Air carriers
– entity responsible for the master shipment if it
is capable of submitting data to CBP
• If the consolidator does not qualify to file
information electronically, it must provide the
carrier with all data required for the individual
house-waybilled shipments and the carrier must
submit that data to Air AMS
Trucked across the U. S. Border
• Air cargo that will be trucked across the
U.S. border, even if arranged for by an air
carrier, must comply with requirements for
truck shipments
Export from U.S.
• Air carriers will not be directly responsible for
submitting electronic data
• Exporters or their agents will be required to
submit data no later than two hours prior to
scheduled aircraft departure using the
Automated Export System
• Before loading cargo, carriers must receive from
shippers an “electronic filing citation”. This
information must be included on the
corresponding manifest or waybill
Cargo Information from Air
Carrier (1)
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•
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Air waybill number (M)
Trip/flight number (M)
Carrier/ICAO code (M)
Airport of arrival (M)
Airport of origin (M)
Scheduled date of arrival (M)
Cargo Information from Air
Carrier (2)
• total quantity based on the smallest
external packing unit (M)
• Total weight (M)
• Precise cargo description (M)
• Shipper name and address (M)
• Consignee name and address (M)
• Consolidation identifier (C)
Cargo Information from Air
Carrier (3)
• Split shipment indicator (C)
• Permit to proceed information (C)
• Identifier of other party which is to submit
additional air waybill information (C)
• In-bound information (C) & onward carrier
identifier, if applicable (C)
• Local transfer facility (C)
Cargo Information from Carrier
or Other Filer
• Information for all house air waybills under
a single master air waybill consolidation
• Essentially, the fields are the same as
required for master air waybill
• The incoming air carrier must present the
HAWB information unless another party
specified in the rule elects to present the
information direct to CBP
Additional Cargo Information
from Air Carrier, Split Shipment
• Additional data elements for each HAWB
• HAWB number, transportation and arrival
information, manifested and boarded
quantities, and the manifested and
boarded weights
• Accurate loading information by unit at
HAWB level is mandatory, both from cargo
agent (pre-packed) and CTO (in terminal
build up)
Shipper Provide Inaccurate
Information
• CBP will take into consideration how, in
accord with ordinary commercial practices,
the presenting party acquired the
information submitted and whether and
how the party is able to verify such
information. Where the information is not
reasonably verifiable, the party will be
permitted to present such information
based upon a reasonable belief as to its
accuracy
Data Submitted by Other Filer
• The carrier will indicate in the MAWB
record if another party will be transmitting
the HAWB data. If such other party fails to
comply with the advance cargo report
provisions, this party, and not the incoming
carrier, will be held liable.
Corrections to Cargo Information
• Complete and accurate information would
need to be presented to CBP for cargo
laden aboard the aircraft no later than the
applicable time specified
• As for any changes in the cargo
information already transmitted for a flight,
the procedure for amending the cargo
declaration including reporting will be the
subject of a separate rulemaking
• Cargo agent has to submit to the carrier
– Required HAWB data stated in the rules
electronically
– HAWB summary providing the required data
stated in the rules
– Loading information by unit at HAWB level for
pre-packed shipment
• The carrier has to
– Reasonably verify the data submitted
Landing Rights
• The provision to deny landing rights is
generally intended for those air carriers
that fail, repeatedly and egregiously, to
furnish timely and accurate cargo
information in advance
• This provision would not be executed
without careful deliberation and dialogue
with the air carrier as to its lack of
compliance
Systems Failure
• Local CBP decide
• In the event of AMS failure, use manual
submission
• In the event of carrier systems failure,
carrier report to local CBP and local CBP
would advise the required fall back
Diversion/Fuel Stop
• Fuel stops will not be excluded from the advance
reporting requirement
• The airline must notify CBP at the designated
first port of arrival (the diverted port) as soon as
it realizes it is not going to initially reach the
original port of arrival. The carrier would then
need to re-transmit the electronic cargo
information with corrections to reflect the new
(diverted) arrival port
Data Privacy
• Acknowledge agent’s concern
• Corporate data protection policy
• Use the data provided only for the
originally stated purposes
• Store securely
• Protect from unauthorized use
• Purge as soon as practical as dictated by
the operational needs
CLG Action Items
• Confirm the roles and responsibility with
HAFFA and Shippers
• Industry best practice
• Possible charge to cover the additional
cost