CBP Issues 6 th Version of FAQ on Mandatory Advance Electronic Information Requirements for Truck Carriers
U.S. Customs and Border Protection (CBP) has issued a February 17, 2005 (6th) version of its Frequently Asked Questions (FAQ) and responses regarding the mandatory advance electronic cargo information requirements for truck carriers.
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CBP Implements New Penalties for Noncompliant In-Bond and PAPS Truck Arrivals
In this sixth version of its FAQ, CBP states that it has modified FAQs 19 and 21.
The most important modifications to FAQ 19 (Enforced Compliance Guidelines) are the addition of Part 3 penalties and Part 4 penalties for noncompliant In-bond and PAPS truck arrivals.
(Part 2 penalties are imposed for egregious violations; Part 3 penalties are imposed for failure to provide the required information, etc.; and Part 4 penalties consist of denial of the carrier's permit to unlade and proceed.)
Revised FAQ 19 - Enforced Compliance Guidelines
CBP has modified the table in FAQ 19 illustrating the enforced compliance implementation schedule in order to:
revise Part 2 time periods for In-Bond and PAPS,
add Parts 3 and 4 for In-Bond and PAPS,
revise the Part 1 time period for BRASS, and
add Part 2 for BRASS.
As modified, the implementation schedule table now reads 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 - 04/30/054 |
| Part 2: 01/03/05 - 02/21/051 | Part 2: 12/15/04 - 02/21/051 | Part 2: 05/01/05 |
| Part 3: 02/22/05 - 03/08/05 | Part 3: 02/22/05 - 03/08/05 | |
| Part 4: 03/09/05 | Part 4: 03/09/05 | |
| Group 2 | Group 2 | Group 2 |
| Part 1: 12/15/04 - 01/02/05 | Part 1: 01/04/05 - 01/18/05 | Part 1: 01/20/05 - 04/30/054 |
| Part 2: 01/03/05 - 02/21/052 | Part 2: 01/19/05 - 02/21/052 | Part 2: 05/01/05 |
| Part 3: 02/22/05 - 03/08/05 | Part 3: 02/22/05 - 03/08/05 | |
| Part 4: 03/09/05 | Part 4: 03/09/05 | |
| 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 - 04/30/054 |
| Part 2: 02/01/05 - 02/20/053 | Part 2: 02/16/05 - 03/06/053 | Part 2: 05/01/05 |
| Part 3: 02/21/05 - 03/22/05 | Part 3: 03/07/05 - 04/10/05 | |
| Part 4: 03/22/05 | Part 4: 04/11/05 |
1 Formerly 01/30/05
2 Formerly 02/27/05
3 Formerly 03/29/05
4 Formerly 05/01/05
In addition to the table being revised in FAQ 19, CBP has revised the text of FAQ 19 so that it reflects the following (partial list):
In-Bond & PAPS (Part 1). Part 1 for both In-Bond and PAPS has been shortened and revised so that it now states that ports will issue a Notice of Noncompliance.
In-Bond & PAPS (Part 2). Part 2 for both In-Bond and PAPS has been shortened and revised so that it now states that a penalty will be issued for egregious violations, with the following guidelines: The driver (in care of the carrier) will be liable under 19 USC 1436.
In-Bond & PAPS (Part 3). CBP has added a Part 3 for both In-Bond and PAPS which states the following:
A penalty under 19 USC 1436 will be issued to the driver (in care of the carrier) who fails to provide CBP with electronic cargo information prior to arrival and do not have a QP barcode (or in-bond number) or PAPS barcode (or entry number). For carriers that can provide proof that the information was timely provided to the broker prior to arrival, a noncompliance letter will be issued to the broker and carrier. No penalty will be issued to the carrier.
For In-Bond, CBP further states that a penalty under 19 USC 1436 will be assessed to the driver (in care of the carrier) who does not have a valid CAFES barcode that transmits the required electronic cargo information.
In-Bond & PAPS (Part 4). CBP has added a Part 4 for both In-Bond and PAPS which states the following:
For trucks that arrive at the border and have failed to comply with the transmission requirement outlined in Parts 2 and 3, CBP will deny the carrier's permit to unlade and permit to proceed.
BRASS (Part 1). Part 1 for BRASS has been shortened and revised so that it now states that for BRASS entries where the driver does not present a valid Free and Secure Trade (FAST) card, ports will issue a Notice of Noncompliance.
Instructions for future BRASS enforcement phases to be issued. CBP states that CBP HQ will issue instructions for future enforcement phases for BRASS at a later date.
Revised FAQ 21 - Modified Enforced Compliance Guidelines
CBP has revised FAQ 21 in order to indicate that for In-Bond shipments at ports with November 15, 2004 as their implementation date (Group 1), the "penalties only" period is now 01/03/05 - 03/08/05 (rather than 01/03/05 - 01/30/05), and the "denial of entry and/or penalty" period is now 03/09/05 (rather than 01/31/05).
(Although it is not explicitly stated, this FAQ appears to relate to inbound trucks.)
(See ITT's Online Archives or 02/07/05 news, 05020705, for BP summary of CBP's 5th version of this FAQ (dated 01/28/05).)
CBP's Revised Truck FAQ (dated 02/17/05) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/truck_faqs.ctt/truck_faqs.doc