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SUBJECT: Frequently Asked Questions: Required Advance Electronic Presentation of Cargo
Information for Truck Carriers, Q:
What advanced electronic cargo information is required by this notice
for trucks entering the United States? Q: How far in
advance does the cargo information need to be submitted to CBP? Q: What are the
approved electronic data interchanges?
In addition to these two interchanges, CBP has made an exception to the advance cargo information time frames for two additional electronic data interchanges. These interchanges allow for the electronic transaction to occur at the time of arrival in the United States. These exceptions were made because of the enhanced security features inherent in their use. These interchanges are:
Q: What changes
have been made to BRASS to improve security and allow it to be used to
meet the requirements?
Q: Are there any
exceptions to these requirements for arriving trucks?
In addition, there are exceptions for this interim phase of the requirements including:
Q: Merchandise
in-transit through Canada travelling on a CBP Form 7512 B (Canada 8 ½)
is exempted by regulation. What about merchandise in-transit
through the United States on the same form? Q: Will the paper
based Monthly Manifest program be discontinued as a result of this
notice? Q: Customhouse
brokers and importers file entries, why does a rule directed at carriers
require entry processes? Q: What specific
information is the carrier required to provide in order to meet these
initial requirements? Q: How does a
carrier obtain a SCAC code? Q: How does the
carrier transmit the SCAC and number combination to CBP? Q: What if a
carrier does not have a SCAC code or is crossing for the first (or only)
time?
Q: If an owner
operator or other small carrier is contracted to transport the
merchandise across the border for a larger carrier that provides the
pro-bill/bill of lading, which SCAC code should be provide? Q: What are the
new requirements for Customhouse brokers under the regulations? Q: If I use remote
location filing (RLF), will there be any changes that affect me?
Q: When do these
new rules become effective? (1) Buffalo, NY (0901) On December 15, 2004, the rule will become
effective at the next group of 43 ports: (41) Champlain, NY (0712) On January 14, 2005, the rule becomes effective at
the remaining 16 ports: (84) Eastport, ID (3302) Q: How do these
changes impact processing at the permit ports listed on the Federal
Register Notice? Q: For PAPS users,
what procedures will be used during ACS down times? 1. ABI System Down Letter Both must be attached to the release copy of the invoice in order for the cargo to move under the currently established down time procedures. This is necessary in part because with only a PAPS label on the paperwork, and nothing in the electronic systems, there is nothing to obligate the filing of an entry. Additionally, in the event that follow up is needed, CBP cannot call the filer with only a SCAC/Pro# combination to find out the status. An entry number is required for tracking purposes. If the release is at a "Permit" Port, the filer will be required to fax a signed letter which includes the entry number, or a copy of the CBP Form 3461 which obligates the firm to file the subsequent entry documentation. Enforced Compliance Guidelines. Implementation Date Ports as specified in the Trade
Act Beginning on the dates established in the above
schedule, CBP will establish the following procedures in each port for
any truck that arrives in the United States which is required to
transmit information electronically to CBP. The implementation schedule is as follows: Phase 1 (IN-BOND) Phase 2 (PAPS) Phase 3 (BRASS) To ensure uniformity in the application of these
regulations, CBP will adopt the following procedures at all ports
beginning on the dates established in this schedule. Part 1: Ports will issue a Notice of Noncompliance. This notice will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes. Part 2: The penalties assessed in this initial phase of enforcement will focus on the egregious violation for failing to comply with automation. Penalties issued for violations of the Truck Trade Act requirements under these guidelines will be issued to the driver (in care of the carrier) under 19 USC1436. The amount of the penalty will be assessed at $5,000 first time violation, $10,000 for subsequent violations against same driver. CBP HQ will issue guidelines for future penalty phases. Phase 2 (PAPS) Part 1: Ports will issue a Notice of Noncompliance. This notice will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes. Part 2: The penalties assessed in this initial phase of enforcement will focus on the egregious violation for failing to comply with automation. Penalties issued for violations of the Truck Trade Act requirements under these guidelines will be issued to the driver (in care of the carrier) under 19 USC1436. The amount of the penalty will be assessed at $5,000 first time violation, $10,000 for subsequent violations against same driver. CBP HQ will issue guidelines for future penalty phases. Phase 3 (BRASS) Part 1: CBP recognizes that a backlog exists for FAST card applications. Subsequently, CBP is allowing enough time to elapse prior to initiating enforcement actions. Ports will issue a Notice of Noncompliance (Attachment 2 for BRASS). This notice will supercede the notice currently being issued. Each port is also directed to place this notice in all broker boxes. Part 2: According to the dates reflected in Phase 3 (BRASS), entry will be denied for any truck arriving at the border that is non-compliant. Each subsequent phase will continue to enforce the elements of the preceding phases(s). Q: When using
PAPS, can I provide more than one filer code on the same CBP Form 7533? Modified Enforced Compliance Guidelines. In-Bond Shipments All other time lines delineated in the Enforcement
Guidelines for Truck Operations for the Trade Act of 2002 will remain in
effect. For a Printable copy of this information Click here:
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