CBP Issues 4th Version of FAQ on Mandatory Advance Electronic Information Requirements for Truck Carriers
U.S. Customs and Border Protection (CBP) has issued a December 14, 2004 version of its Frequently Asked Questions (FAQ) and responses regarding the mandatory advance electronic cargo information requirements for truck carriers.
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(Subscribers should note that although it is not explicitly stated, the questions and answers in the FAQ appear to relate to inbound trucks.
See ITT's Online Archives or 12/03/04 news, 04120305, for BP summary of CBP's 3rd version of this FAQ.)
Part 2 Enforcement to Initially Focus on Egregious Failure to Automate, Etc.
CBP's December 14, 2004 FAQ revises FAQ 19 (Enforced Compliance Guidelines). According to a CBP Memo and the FAQ, revised FAQ 19 newly indicates that for at least the first two weeks of Part 2 Enforcement for In-Bond (ABI in-bond format QP/WQ and Customs Automated Forms Entry System (CAFES)) and the Pre-Arrival Processing System (PAPS), penalties will only be issued against egregious violators for failing to comply with automation.
In addition, CBP has revised FAQ 19's Table (see below) by deleting Part 3 Enforcement for In-Bond and PAPS, and by deleting Part 2 Enforcement for Border Release Advance Screening and Selectivity (BRASS).
(Part 3 for In-Bond and PAPS is the denial of entry and/or penalty/liquidated damages and Part 2 for BRASS is the denial of entry.)
Other changes to FAQ 19 have also been made, as indicated below.
FAQ 19 - Enforced Compliance Guidelines
According to CBP, there will be three compliance phases, with each phase focusing on one of the following three areas: (Phase 1) In-Bond, (Phase 2) PAPS; and (Phase 3) BRASS.
In revised FAQ 19, CBP has modified its enforced compliance guideline table for truck shipments as follows:
| Group 1 | Group 1 | Group 1 |
| Part 1: 11/15/04 - 01/02/05 | Part 1: 12/01/04 - 12/14/04 | Part 1: 12/16/04 - 01/30/05 |
| Part 2: 01/03/05 - 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> |
In the above table, carrots < > indicate deleted text
In addition to revising the above table, CBP revises its guidelines for noncompliant trucks at subject ports as follows:
PAPS and In-Bond. CBP has revised the Part 2 Enforced Compliance Guidelines for both PAPS and In-Bond to read as follows:
"The penalties assessed in this initial phase of enforcement will focus on the egregious violation for failing to comply with automation. Penalties issued for violations of the Truck Trade Act requirements under these guidelines will be issued to the driver (in care of the carrier) under 19 USC 1436. The amount of the penalty will be assessed at $5,000 first time violation, $10,000 for subsequent violations against same driver."
(These provisions no longer contain the statement that CBP may 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 per violation.)
CBP has also deleted the Part 3 Enforced Compliance Guidelines for In-Bond and PAPS (denial of entry and/or penalty/liquidated damages). Instead, the guidelines state that CBP HQ will issue guidelines for future penalty phases.
BRASS. CBP sources have stated by phone that although the December 14, 2004 FAQ does not yet reflect it (due to a drafting error), CBP is deleting Part 2 for BRASS (denial of entry). Instead, the guidelines will state that CBP HQ will issue guidelines for future penalty phases.
According to CBP sources, this deletion was inadvertently omitted from the December 14, 2004 FAQ and will soon be corrected.
CBP's Revised Truck FAQ (posted 12/14/04) available at