Mandatory e-Manifest: Truck for Advance Cargo Information Purposes to be Implemented in Idaho and Montana Effective August 6, 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 - was required 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. The fourth group of ports - all land border ports in Vermont and New Hampshire as well as the remaining land border ports in North Dakota (St. John, Fortuna, Ambrose, Carbury, Noonan, Dunseith, Sherwood, Antler, Northgate, Westhope, and Portal) - will require mandatory implementation effective July 12, 2007. See ITT's Online Archives or 05/04/07 news, 07050405, for BP summary on the phased enforcement for the fourth group of ports.)

CBP sources have previously explained that the enforcement of mandatory e-Manifest: Truck at the Idaho and Montana ports is expected to follow the same pattern of phased enforcement as the previous groups 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.

Two Groups of Ports Still Pending Mandatory Implementation

According to CBP, 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 two groups, listed in sequential order, as follows¹:

1. All land border ports in the state of Maine
2. All land border ports in the states of Alaska and Minnesota

(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 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.)

(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.

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, 02/23/07, 03/16/07, and 05/04/07 news, 07011205, 07022305, 07031605, and 07050405, for BP summaries on the phased enforcement for the first, second, third, and fourth group of ports, respectively. See ITT's Online Archives or 04/25/07 news, 07042505, for BP summary announcing that Phase 2 for the first group of ports, which had been delayed along with Phase 3, was scheduled to begin on April 26, 2007.)

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

CBP notice (CBP Dec. 07-25; FR Pub 05/08/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-8707.pdf