CBP's FAQ on Mandatory Advance Electronic Information Requirements for Inbound Air Cargo

(Although the actual title of this FAQ is "Air Automated Manifest System Frequently Asked Questions," it is listed on CBP's Web site as "Air FAQs on the Trade Act of 2002 - Mandatory Advanced Electronic Cargo Information.")

This is Part II of a multi-part series of summaries on this FAQ, and highlights FAQs 1-4. See future issues of ITT for additional summaries.

FAQ 1 - Systems to be Used

CBP states that for imported cargo arriving aboard an aircraft, CBP will collect advance electronic information through the Air Automated Manifest System (Air AMS).

FAQ 2 - Required and Voluntary Participation

According to CBP, the incoming air carrier is required to participate in Air AMS when the aircraft is required to enter and there is commercial cargo aboard. In addition, the following four parties may participate in Air AMS in order to voluntarily supplement the incoming carrier's information with additional information:

an Automated Broker Interface (ABI) filer (importer or customs broker);

a Container Freight Station (CFS);

an Express Consignment Carrier Facility (ECCF); or

an air carrier that arranged to have the incoming air carrier transport the cargo to the U.S.

Voluntary participation in Air AMS allows these parties to provide house air waybill level information directly to CBP without having to provide it to the carrier. If such parties do not voluntarily present the full house air waybill information directly to CBP, CBP states that this house information must be provided by the incoming air carrier.

CBP states that voluntary participants would also be able to request in-bond authorization at the house air waybill level through Air AMS. In addition, a CFS or ECCF that voluntarily participates in Air AMS would receive electronic Freight Status Notification (FSN) messages related to CBP processing of entries for cargo located at its facility.

Freight forwarding companies. CBP indicates that if a freight forwarding company does not fall into one of the above-described categories, it must fully present the required information to the incoming air carrier or to another eligible party, which would then be responsible for providing the information to CBP.

ABI filer of house air waybill information is not obligated to file entry. CBP states that if an ABI filer elects to voluntarily provide house air waybill information to Air AMS, that same ABI filer (customs broker or importer) is not obligated to file an entry for the related merchandise.

FAQ 3 - When Air AMS Filing is Required

Aircraft required to enter. Air AMS filing is required for aircraft that is required to enter. CBP indicates that all aircraft coming into the U.S. from a foreign area must make entry except: public aircraft, private aircraft (i.e., an aircraft engaged in a trip that does not involve carrying passengers or cargo for commercial purposes), and aircraft chartered by and transporting cargo that is the property of the U.S. Department of Defense.

Insular possessions. CBP states that Air AMS filing is not required for flights from other foreign areas to U.S. insular possessions (e.g., U.S. Virgin Islands, Guam, American Samoa, Wake Island, Midway Islands, Johnston Atoll and the Northern Mariana Islands), as insular possessions do not fall within the customs territory of the U.S. However, Air AMS filing is required for flights from insular possessions to ports within the customs territory of the U.S.

FAQ 4 - Participant Procedures

Three options to transmit information through Air AMS. CBP states that a potential Air AMS participant has three options to transmit information through Air AMS:

develop its own software interface based on the technical specifications as provided in the Customs Automated Manifest Interface Requirements - Air (CAMIR-Air);

provide the data through an Air AMS service center; or

purchase a commercially available software and communications package.

Air AMS service centers/software vendors. According to CBP, it maintains a list of Air AMS service centers and software vendors on its Web site (see below).

Once a software and communications package has been selected, a potential Air AMS participant may complete the Air AMS Respondent Checklist and then mail or fax the document to:

Customs and Border Protection

Client Representative Branch

1. 1 Boston Blvd. Rm. 211

Springfield, VA 22153

FAX: (703) 921-7563

According to CBP, the list of Air AMS service centers and software vendors, as well as the attached Air AMS Respondent Checklist, is currently available at http://www.cbp.gov/ImageCache/cgov/content/import/operations_5fsupport/ams/vendor_5fair_2edoc/v1/vendor_5fair.doc. (See ITT's Online Archives or 03/25/04 news, 04032515, for BP summary of the most recent update of this list and respondent checklist.)

(See ITT's Online Archives or 04/08/04 news, 04040805, for Part I of this series of summaries on this FAQ.)

CBP's air cargo FAQ (dated 04/01/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/communications_5fto_5ftrade/mandatory_5fadvanced_5felectronics/air_5ffaq_5fcargo_2edoc/v1/air_5ffaq_5fcargo.doc.