CBP Expands and Revises FAQ on Mandatory Advance Electronic Information Requirements for Truck Cargo
U.S. Customs and Border Protection (CBP) has issued a November 10, 2004 version of its September 13, 2004 Frequently Asked Questions (FAQ) and responses regarding the mandatory advance electronic cargo information requirements for trucks.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
(Subscribers should note that although it is not explicitly stated, the questions and answers in the FAQ appear to relate to inbound trucks.)
The November 10, 2004 truck FAQ completely replaces the initial FAQ posted on September 13, 2004. The new version modifies certain of the initial FAQs 1-18, as well as adds FAQs 19-21.
(See ITT's Online Archives or 09/16/04, 09/17/04, and 09/20/04 news, 04091605, 04091715, and 04092015, for Parts I-III of BP's summary on CBP's initial September 13, 2004 FAQ.)
This is Part I of a multi-part series of summaries on this expanded and revised FAQ, and covers new FAQ 20 on CBP's enforced compliance guidelines and procedures for noncompliant trucks. See future issues of ITT for additional summaries.
FAQ 20 - Enforced Compliance Guidelines
New FAQ 20 states that mandatory advance electronic cargo information requirements for trucks will be implemented on one of three dates, depending on the port (See FAQ 16, which lists the ports in each group):
| Group 1 | Group 1 | Group 1 |
| Part 1: 11/15/04 - 11/29/04 | Part 1: 12/01/04 - 12/14/04 | Part 1: 12/16/04 - 01/30/05 |
| Part 2: 11/30/04 - 01/30/05 | Part 2: 12/15/04 - 01/30/05 | Part 2: 01/31/05 |
| Part 3: 01/31/05 | Part 3: 01/31/05 | |
| Group 2 | Group 2 | Group 2 |
| Part 1: 12/15/04 - 01/02/05 | Part 1: 01/04/05 - 01/18/05 | Part 1: 01/20/04 - 02/27/05 |
| Part 2: 01/03/05 - 02/27/05 | Part 2: 01/19/05 - 02/27/05 | Part 2: 02/28/05 |
| Part 3: 02/28/05 | Part 3: 02/28/05 | |
| Group 3 | Group 3 | Group 3 |
| Part 1: 01/14/05 - 01/31/05 | Part 1: 02/02/05 - 02/15/05 | Part 1: 02/17/05 - 03/29/05 |
| Part 2: 02/01/05 - 03/29/05 | Part 2: 02/16/05 - 03/29/05 | Part 2: 03/30/05 |
| Part 3: 03/30/05 | Part 3: 03/30/05 |
To ensure uniformity, CBP states that it will adopt the following enforcement procedures for noncompliant trucks at subject ports, beginning on the dates established in the above schedule:
(CBP notes that each subsequent phase will continue to enforce the elements of the preceding phases(s).)
Phase 1 (In-Bond, including CAFES and QP/WQ). For any truck arriving with in-bond shipments (QP/WP and CAFES) that have not been transmitted electronically to CBP, the following guidelines will be implemented:
Part 1: Ports will issue a Notice of Noncompliance, which will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes.
Part 2: (1) The carrier will be liable under 19 USC 1436. Carriers will be assessed $5,000 for a first time violation, and $10,000 for subsequent violations against the same driver. (2) CBP may also assess liquidated damages against the importer and broker pursuant to 19 CFR 113.62(j)(2), as the electronic filer, in the amount of $5,000 for each violation.
Part 3: According to the above dates reflected in Phase 1 (in-bond), entry will be denied for any truck arriving at the border that is non-compliant. A penalty/liquidated damage will also be issued as appropriate.
Phase 2 (PAPS). For any truck arriving with a PAPS entry that was not electronically received by CBP, the following guidelines will be implemented:
Part 1: Ports will issue a Notice of Noncompliance, which will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes.
Part 2: (1) The carrier will be liable under 19 USC 1436. Carriers will be assessed $5,000 for a first time violation, and $10,000 for subsequent violations against the same driver. (2) CBP may also assess liquidated damages against the importer and broker pursuant to 19 CFR 113.62(j)(2), as the electronic filer, in the amount of $5,000 for each violation.
Part 3: According to the above dates reflected in Phase 2 (PAPS), entry will be denied for any truck arriving at the border that is non-compliant. A penalty/liquidated damage will also be issued as appropriate.
Phase 3 (BRASS). For BRASS entries where the driver does not present a valid Free and Secure Trade (FAST) card, the following guidelines will be implemented:
Part 1: CBP states that it recognizes that a backlog exists for FAST card applications. Therefore, CBP is allowing enough time to elapse prior to initiating enforcement actions. Ports will issue a Notice of Noncompliance (Attachment 2 for BRASS), which will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes.
Part 2: According to the above dates reflected in Phase 3 (BRASS), entry will be denied for any truck arriving at the border that is non-compliant.
(See ITT's Online Archives or 08/18/04 news, 04081805, for BP summary of CBP's notice announcing the three compliance dates for mandatory advance electronic information requirements for inbound truck cargo, including lists of the subject ports for each of the three compliance dates.)
CBP's Revised Truck FAQ (posted 11/10/04) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/truck_faqs.ctt/truck_faqs.doc