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Mandatory e-Manifest: Truck for Advance Cargo Information to be Implemented in Washington, Arizona, and Certain North Dakota Ports Effective January 25, 2007

U.S. Customs and Border Protection (CBP) has issued a notice designating the Automated Commercial Environment (ACE) Truck Manifest System (e-Manifest: Truck1) as the approved Electronic Data Interchange (EDI) for the transmission of the data required by the Trade Act of 2002.

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CBP's notice states that the requirement that advance electronic truck cargo information be transmitted through ACE will be implemented by groups of ports of entry as identified below.

(CBP sources have previously stated that ACE participants that file the e-Manifest: Truck still need to make entry as required.)

Once Mandatory e-Manifest: Truck is Implemented at a Port, No Other System Will Satisfy Advance Cargo Information Requirement

CBP notes that although other systems that have been deemed acceptable by CBP for transmitting advance truck manifest data will continue to operate and may still be used in the normal course of business for purposes other than transmitting advance truck manifest data, use of systems other than ACE will no longer satisfy advance electronic cargo information requirements at a particular port of entry once the 90-day notice for that port has been published and the 90-day period has elapsed.

January 25, 2007 Implementation for Washington, Arizona, Part of North Dakota

CBP states that trucks entering the U.S. through all ports of entry in the states of Washington and Arizona and through the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro in North Dakota will be required to transmit the advance information through the ACE Truck Manifest system effective January 25, 2007.

CBP Plans to Implement Mandatory ACE e-Manifest: Truck in 5 Additional Groups

According to CBP, ACE e-Manifest: Truck will be implemented as the mandatory EDI system for advance manifest purposes at other ports as identified below. CBP will provide 90 days' notice through publication in the Federal Register prior to requiring use of ACE e-Manifest: Truck for the transmission of advance electronic truck cargo information at a particular group of ports.

The remaining ports of entry at which the mandatory use of ACE will be implemented are divided into five groups, listed in sequential order, as follows:

  1. all ports of entry in the states of Michigan, Texas, California, New Mexico, and New York
  2. all ports of entry in the states of Vermont and Alaska
  3. all ports in the states of Maine, Idaho, and Montana
  4. all remaining ports in the state of North Dakota (those not identified as having a specific compliance date)
  5. all ports in the state of Minnesota

(CBP notes that the use of ACE to transmit advance electronic truck cargo information will not be required in any port in which CBP has not first conducted the test. This means that ACE will be implemented as the required advance manifest transmission system at some ports even while it is still being tested at others. CBP states that it will continue, as necessary, to announce in subsequent Federal Register notices the deployment of the ACE truck manifests system test at additional ports.)

Options for Transmitting e-Manifest: Truck

According to a CBP press release, truck carriers have the following options to transmit e-Manifests for the truck environment:

Self file through the web-based ACE Portal or via a CBP approved EDI, or

Use third parties, who usually require a fee

CBP adds that to begin filing e-Manifests for the truck environment, truck carriers are encouraged to establish an ACE carrier account or obtain certification to file via EDI, or contact a customs broker, service provider, or other authorized filer to discuss how to submit e-Manifests.

(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.

1Although this summary uses the term "e-Manifest: Truck," CBP's also uses the terms "ACE Truck Manifest", and "e-Manifest: Trucks". All three mean the same thing.

See ITT's Online Archives or 10/26/06 news, 06102605, for BP summary of CBP press release announcing its plans for implementing mandatory e-Manifest: Truck for advance electronic cargo notification.

See ITT's Online Archives or 06/08/06 news, 06060805 for BP summary on Phase 4 enforcement of Mandatory Advance Cargo Information for Truck Carriers at ACE Border Ports. See ITT's Online Archives or 10/17/06 news, 06101705 for most recent prior BP summary on mandatory ACE e-Manifest: Truck for 2007.)

CBP notice (FR Pub 10/27/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-17998.pdf.

CBP Press Release (dated 10/27/06) available by email upon request at documents@brokerpower.com; to soon be available on CBP's web site.