Mandatory e-Manifest: Truck for Advance Cargo Information Purposes to be Implemented in Maine and Minnesota Effective October 16, 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 - required mandatory implementation effective April 19, 2007. The third group of ports - all land border ports in Michigan and New York - required 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) - required mandatory implementation effective July 12, 2007. The fifth group of ports - all land border ports in Idaho and Montana - will require mandatory implementation effective August 6, 2007. See ITT's Online Archives or 05/24/07 news, 07052405, for BP summary on the phased enforcement for the fifth group of ports.)

CBP sources have previously explained that the enforcement of mandatory e-Manifest: Truck at the Maine and Minnesota 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.

Alaska Ports Still Pending Mandatory Implementation

According to CBP, it has now either required the use of ACE e-Manifest: Truck for the transmission of advance cargo information, or provided 90 days notice that it intends to do so, at every land border port in which CBP originally planned to require the use of ACE e-Manifest: Truck, with the exception of the land border ports in the state of Alaska. It has also tested ACE at all of the planned ports, with the exception of Alaska.

Following the testing of the ACE e-Manifest: Truck system at the land border ports in Alaska, CBP expects to announce in a Federal Register notice that it is providing 90 days' notice before ACE will be the mandatory transmission system for those ports as well.

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.)

(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, 05/04/07, and 05/24/07 news, 07011205, 07022305, 07031605, 07050405, and 07052405, for BP summaries on the phased enforcement for the first, second, third, fourth, and fifth groups of ports, respectively. See ITT's Online Archives or 04/25/07 news, 07042505, for BP summary announcing that Phases 2 and 3 for the first group of ports had been delayed.)

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

CBP notice (CBP Dec. 07-53; FR Pub 07/18/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-13848.pdf