Mandatory e-Manifest: Truck for Advance Cargo Information Purposes to be Implemented in Vermont, New Hampshire, and Remaining North Dakota Ports Effective July 12, 2007

(Mandatory implementation for the first group of ports - all land border ports in Washington and Arizona, as well as the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro, North Dakota - was required effective January 25, 2007. The second group of ports - all land border ports in California, New Mexico, and Texas - will require mandatory implementation effective April 19, 2007. The third group of ports - all land border ports in Michigan and New York - will require mandatory implementation effective May 24, 2007. See ITT's Online Archives or 03/16/07 news, 07031605, for BP summary on the phased enforcement for the third group of ports. See ITT's Online Archives or 02/08/07 news, 07020805, for BP summary of CBP's updated FAQ on e-Manifest, which includes information on mandatory e-Manifest and entry/release.)

(CBP sources have previously explained that the enforcement of mandatory e-Manifest: Truck at each group of ports is expected to follow the same pattern of phased enforcement as the first group of ports.)

Once Mandatory, No Other System Will Satisfy Advance Cargo Info 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.

Three Groups of Ports Still Pending Mandatory Implementation

According to CBP, ACE e-Manifest: Truck has yet to be implemented as the mandatory electronic data interchange (EDI) system for advance manifest purposes at the remaining ports of entry 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.

These remaining ports of entry are divided into three groups, listed in sequential order, as follows²:

1. All land border ports in the states of Idaho and Montana
2. All land border ports in the state of Maine
3. All land border ports in the states of Alaska and 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 mandatory advance manifest transmission system at some ports even while it is still being tested at others.)

Options for Transmitting e-Manifest: Truck

CBP has previously stated that 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 added 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 also 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 U.S. port of arrival 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.)

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

² Note that the sequential order of the groups provided by this CBP notice is somewhat different from that announced in October 27, 2006, January 19, 2007, and February 23, 2007 Federal Register notices. (See ITT's Online Archives or 10/30/06, 01/19/07, and 02/26/07 news, 06103005, 07011905, and 07022605, for BP summary of these Federal Register notices.) CBP adds that although further changes to this order are not currently anticipated, CBP will state in future notices if changes do occur.

(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 01/12/07 news, 07011205, for BP summary on the phased enforcement for the first group of ports. See ITT's Online Archives or 03/22/07 news, 07032205, for BP summary announcing that Phases 2 & 3 of the first group of ports was delayed a minimum of 30 days. See ITT's Online Archives or 02/23/07 news, 07022305, for BP summary on the phased enforcement for the second group of ports. See ITT's Online Archives or 03/16/07 news, 07031605, for BP summary on the phased enforcement for the third group of ports.)

CBP contact- James Swanson james.d.swanson@dhs.gov

CBP notice (FR Pub 04/13/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-6908.pdf

CBP ABI message announcing the availability of this FR notice (Adm: 07-0089, dated 04/13/07) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2007/2007-0089.ADM