CBP Issues 8th Version of FAQ on Mandatory Advance Electronic Information Requirements for Truck Carriers

CBP states that it has modified FAQ 10 (Enforced Compliance Dates) and has deleted FAQ 13 (Denial of Entry for a Conveyance).

CBP Modifies FAQ 10 on Enforced Compliance Dates

Significant modifications to FAQ 10 (Enforced Compliance Dates) include:

BRASS/FAST - Penalty phase begins May 1, Denial phase begins May 16 - the addition of a new penalty phase (beginning May 1, 2005) and a new denial of entry phase (beginning May 16, 2005) for Border Release Advance Screening & Selectivity (BRASS) shipment drivers that are not compliant with the Free and Secure Trade (FAST) Card requirement (BRASS Parts 2 and 3);

In-Bond - Penalty phase extended, Denial phase delayed - for In-Bond, an approximately two-month extension of the penalty phase for failure to provide required information, etc. and an approximately two-month delay in the commencement of the denial of entry phase (In-Bond Parts 3 and 4); and

PAPS - Penalty phase extended, Denial phase delayed - for Pre-Arrival Processing System (PAPS), an approximately one- or two-month extension of the penalty phase for failure to provide required information, etc. and an approximately one-month delay in the commencement of the denial of entry phase (PAPS Parts 3 and 4).

As modified, the implementation schedule table now reads as follows:

¹ Formerly 03/08/05

² Formerly 03/09/05

³ Formerly 03/22/05

⁴ Formerly 04/10/05

⁵ Formerly 04/11/05

In addition to the table being revised in FAQ 10, CBP has revised certain of the subsequent text of FAQ 10 as follows:

In-Bond (Denial of Entry - Begins May 16, 2005). Part 4 for In-Bond has been completely revised as follows:

"Denial of Entry of the conveyance (turning the truck around) will be issued to the driver who fails to provide CBP with electronic cargo information prior to arrival and does not have a QP barcode (or in-bond number). For carriers that can provide proof that the information was timely provided to the broker prior to arrival, a noncompliance letter will continue to be issued to the broker and carrier. No denial of entry will be issued to the carrier.

Denial of entry of the conveyance will be issued to a driver who does not have a valid CAFES barcode that transmits the required electronic cargo information."

PAPS (Denial of Entry - Begins May 16, 2005). Part 4 for PAPS has been completely revised as follows:

"Denial of Entry of the conveyance (turning the truck around) will be issued to the driver who fails to provide CBP with electronic cargo information prior to arrival and does not have a 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 continue to be issued to the broker and carrier. No denial of entry will be issued to the carrier."

BRASS (Penalties - Begins May 1, 2005). A new Part 2 for BRASS has been added as follows:

"If a driver arrives at the border with a BRASS shipment but does not present a FAST ID card, the driver (in care of the carrier) will be liable to a penalty under 19 USC 1436. Having applied for a FAST ID card will not excuse the driver from the violation.

This requirement does not currently apply at the ports of Eastport, Idaho; International Falls, Minnesota; Grand Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards are not available but will be required by a separate Federal Register notice when they become available."

BRASS (Denial of Entry - Begins May 16, 2005): A new Part 3 for BRASS has been added as follows:

"If a driver arrives at the border with a BRASS shipment but does not present a FAST ID card, the conveyance will be denied entry into the U.S. (turned around). Having applied for a FAST ID card will not excuse the driver from the violation.

This requirement does not currently apply at the ports of Eastport, Idaho; International Falls, Minnesota; Grand Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards are not available but will be required by a separate Federal Register notice when they become available.

Note: CBP recognizes that there are restrictions on how many hours a driver is allowed to drive before having to meet mandatory rest requirements. Subsequently, in trucks arriving with a BRASS shipment where there are two drivers, CBP only requires that the driver with the FAST ID card be the one who signs the BRASS manifest. CBP does not require that the driver with the FAST ID card be physically driving at the time of entry. However, he must be in the truck and present his FAST ID card at the time of entry."

CBP Deletes FAQ 13 on Denial of Entry for a Conveyance

In the April 22, 2005 version of its FAQ, CBP has eliminated FAQ 13 that had addressed the issue of whether CBP would deny entry for a conveyance, and if so, under what circumstances. FAQ 13 had stated that denial of entry for the conveyance was to be reserved for documented repeat violators, for example, drivers who had been issued at least five penalties for failure to comply with the Trade Act, etc.

(FAQ 13 was newly added by CBP in its March 23, 2005 (7th) version of the FAQ.)

(See ITT's Online Archives or 04/05/05 news, 05040505, for BP summary of CBP's 7th version of this FAQ (dated 03/23/05). (See ITT's Online Archives or today's 04/26/05 issue, 05042600 for BP summary of CBP press release on BRASS/FAST enforcement beginning May 1.)

CBP's Revised Truck FAQ (dated 04/22/05) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/advance_info/truck_faqs.ctt/truck_faqs.doc