CBP Issues Memo on Interim "Paper" Immediate Delivery Election Procedures For PAPS Entries (until ABI Programming is Completed)
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message regarding the election of Immediate Delivery (ID) for Pre-Arrival Processing System (PAPS) entries.
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CBP states that recent changes in paperwork requirements for PAPS at land borders have had an unintended effect. According to CBP, the decision was made to no longer require a paper CBP 3461 or 3461 ALT at the time of release in favor of the electronic transaction. CBP notes that while this facilitates the release of cargo and begins the transition to an automated truck manifest, a problem has been identified with the election of ID privileges for these shipments.
CBP states that the Customs regulations in 19 CFR 142.22(a) state that "an application for a special permit for immediate delivery will be made on Customs Form 3461, Form 3461 ALT, or its electronic equivalent, supported by the documentation provided for in section 142.3." According to CBP, the regulations and law are clear that an application be made for the use of ID procedures, and that the default release procedure is the entry/entry summary procedure.
In the absence of the paper forms, CBP states that the only alternative method of election is the electronic equivalent through the Automated Broker Interface (ABI). However, CBP notes that current programming does not support an election of ID indicator. CBP states that although programming is currently being developed, it will take some time to be implemented.
Interim procedures for ID election. In the interim, CBP states that the following procedures will be used at all affected ports for ID election:
Customhouse brokers and importers will provide notice on company letterhead to Port Directors that they are electing to use the ID privilege on all or part of their entries. They may choose to identify all shipments or specific commodities, importers and/or time frames. CBP and the filer will retain this notice on file. According to CBP, if no such notice is provided, the default procedure will be entry/entry summary.
CBP states that for any entry where the filer wishes to specifically elect ID or entry/entry summary, the filer will be required to provide a CBP 3461 or 3461 ALT for that entry with the appropriate choice indicated. According to CBP, the CBP 3461 or 3461 ALT should be presented to CBP on or before the date of release and should be date stamped by CBP upon receipt. According to CBP, this form is not needed for release of the shipment using PAPS.
Use of paper notice to elect ID will be replaced by automated ACS process. CBP states that the use of paper notice to elect ID is temporary; this process will be automated in Automated Commercial System (ACS) at a date to be determined. When the automated process is developed, the paper process will be eliminated.
Ports will be developing local procedures for presentation of paper ID elections. CBP states that ports will be developing local procedures for the presentation of these paper elections. CBP notes that all questions regarding local issues should be directed to the appropriate port of entry.
Adm: 05-0651, dated 06/10/05, available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2005/2005-0651.ADM.
BP Note
BP is checking with CBP on certain aspects of this ABI administrative message, and will update subscribers with additional information if appropriate.