CBP to Implement "Phase 4" Enforcement of Mandatory Advance Cargo Information for Truck Carriers at ACE Border Ports on May 15, 2006, Etc.

(Three enforcement phases have been implemented to date: Phase 1 (In-bond - QP/WP and CAFES), Phase 2 (Pre-Arrival Processing System (PAPS)) and Phase 3 (Border Release Advance Screening and Selectivity (BRASS).)

Enforcement Begins May 15th for ACE-Implemented Border Ports

Beginning May 15, 2006, CBP states that any conveyance arriving at an ACE implemented border port without having transmitted advance cargo information (PAPS, QP) to CBP by the time of arrival will neither receive a permit to unlade nor a permit to proceed (see exceptions below for "ACE participants" and quota class merchandise).

Exception for quota class merchandise. In the case of quota class merchandise (live entries), CBP states that the manifest must clearly identify quota merchandise. These shipments shall be referred to secondary for processing in accordance with QBT-04-023. At this time, the advance manifesting requirements for quota class merchandise (PAPS, QP) will not be enforced, since the entry/entry summary will be prepared after the carrier arrives in secondary.

Exception for "ACE participants". According to the notice and CBP sources, in cases where an ACE participant (one who either (1) transmits advance cargo information as an ACE account or (2) uses third parties to transmit its advance cargo information via EDI) arrives at the border and has failed to comply with the Truck Trade Act requirements, the driver will be referred to secondary, where he will wait until the required cargo information is electronically received by CBP. Once the required cargo information is received, the conveyance and cargo will be processed in accordance with existing procedures. At this time, no action (penalty or denial of entry) will be taken against an ACE participating driver who fails to comply with the Truck Trade Act. (See ITT's Online Archives or 03/30/06 news, 06033005 for BP summary of CBP notice allowing truck carriers without ACE accounts to use third parties to submit manifest information.)

(According to CBP sources, BRASS and CAFES are temporary alternatives to providing advance cargo information. Sources state these two systems are not listed with PAPS and QP above, as CAFES and BRASS provide this information upon arrival. See ITT's Online Archives or 08/18/04 news, 04081805 for BP summary.)

Effective Date for Border Ports That Do Not Yet Have ACE

For border ports that do not currently have ACE, CBP states that the provisions of this policy shall be implemented 30 days after the date ACE was fully deployed and operational at the port.

(Currently, when a truck arrives at a border port and the required cargo information has not been transmitted to CBP, CBP states that no enforcement action is taken if the driver is able to present proof that the required electronic cargo information was sent to an ABI filer prior to the arrival at the port. This procedure was implemented due to the fact that the truck carrier did not have the ability to transmit cargo information to CBP and had to depend upon a third party (the ABI filer) to transmit the required cargo information to CBP on the carrier's behalf.

Now, with the implementation of the Automated Commercial Environment (ACE) at various Northern and Southern Border Ports, the carrier no longer has to depend upon the ABI filer to transmit the required cargo information to CBP. Instead, the carrier may transmit its advance electronic cargo information to CBP directly via the ACE Truck Manifest system either through the carrier's own ACE portal or through its Electronic Data Interface (EDI) system. In addition, the carrier may have its information transmitted to CBP with the assistance of a service provider or other party that has direct transmission capabilities. CBP states that It is the carrier's business decision to send the required electronic cargo information to CBP via an ABI filer, or directly to CBP via ACE by becoming an "ACE participant.")

(See ITT's Online Archives or 03/16/06 news, 06031610, for earlier BP summary on the postponement of Phase 4.)

Send questions via email to Manifest.Branch@dhs.gov.

CBP notice (dated 04/18/06) available at http://www.cbp.gov/xp/cgov/import/communications_to_trade/advance_info/phase4_implement.xml

BP Notes

CBP has previously stated that advance electronic cargo information for inbound truck cargo must be received at least one hour prior to the carrier's reaching the first port of arrival in the U.S., or no later than 30 minutes prior to the carrier's reaching the first port of arrival in the U.S. for shipments qualified for clearance under the Free and Secure Trade (FAST) program (with exceptions for cargo in transit from point to point in the U.S. and certain informal entries). See ITT's Online Archives or 08/18/04 news, 04081805 for BP summary.

Advance electronic cargo information is also referred to as advance electronic manifests or e-Manifests.

CBP has recently stated that it expects to begin making e-Manifest usage mandatory at the border on a port-by-port basis later in 2006. (See ITT's Online Archives or 04/03/06 news, 06040305 for BP summary.)