CBP Still Scheduled to Implement "Phase 4" Enforcement of Mandatory Advance Cargo Information for Truck Carriers at ACE Border Ports on June 15, 2006
On June 7, 2006 U.S. Customs and Border Protection (CBP) sources confirmed that the implementation of its Phase Four Enforcement policy is still scheduled for June 15, 2006. CBP has previously stated that it is implementing "Phase Four" enforcement guidelines for the 2002 Trade Act's mandatory advance cargo (manifest) information requirements for truck carriers.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
(Three other 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 Expected to Begin June 15th for ACE-Implemented Border Ports
CBP has previously indicated that effective June 15, 2006, 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, with the following exceptions:
Exception for quota class merchandise. In the case of quota class merchandise (live entries), the manifest must clearly identify quota merchandise. These shipments shall be referred to secondary for processing in accordance with QBT-04-023. The advance manifesting requirements for quota class merchandise will not be enforced, since the entry/entry summary will be prepared after the carrier arrives in secondary.
Exception for "ACE Participants."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 advance manifest 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 advance cargo information requirements of the 2002 Trade Act.
(BRASS and CAFES, which are currently temporary alternatives to providing advance cargo information, may also be used to provide cargo information. Sources have previously stated that these two systems are not listed with PAPS and QP above, as BRASS and CAFES 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 has stated that the provisions of this policy shall be implemented 30 days after the date ACE was fully deployed and operational at the port.
CBP Expects All Land Border Ports to Have e-Manifest in 2006, Etc.
In May 2006, CBP issued what it termed "important" guidelines for carriers participating in the ACE truck e-manifest program. Among other things, CBP noted:
All land border ports to have e-Manifest in 2006. e-Manifest functionality is being deployed to all land border ports during calendar year 2006.
Notice on mandatory e-Manifest for 2002 Trade Act purposes expected in early summer 2006, etc. CBP is working to make the use of the e-Manifest mandatory for 2002 Trade Act purposes, and has repeatedly informed the trade of this effort. The Federal Register notice mandating this use has an anticipated publication date in early summer 2006.
(See ITT's Online Archives or 05/22/06 news, 06052205, for BP summary of CBP "important" ACE e-Manifest Guidelines for truck carriers, etc.
See ITT's Online Archives or 05/17/06 news, 06051700, for BP summary of CBP's decision to delay implementation of Phase 4 until June 15, 2006 (from May 15, 2006). See ITT's Online Archives or 04/21/06 news, 06042105, for BP summary of CBP's original notice detailing implementation of Phase 4 enforcement.
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 cargo information.)