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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : tidenq@tid.gcn.gov.hk

Ref : CR EIC 111/2/16

2 November 2002

Dear Sirs,

Commercial Information Circular No. 217/02

US : Final Rule for Advance Cargo Declaration

The US Customs Service announced in the Federal Register (FR) notice of 31 October 2002 the final rule on submission of certain advance manifest information 24 hours before the related cargo is laden aboard the vessel at the foreign port and the provision of additional information in the cargo declaration. The final rule will take effect on 2 December 2002. Failure to provide the required information in the time period prescribed may result in the delay of issuing a permit to unlade and/or the assessment of civil monetary penalties or claims for liquidated damages. However, taking into account the need for additional time to implement the reporting requirements due to potential changes in business practices, the US Customs Service has decided not to initiate any enforcement actions, such as assessing penalties for non-fraudulent violations of these regulations, for 60 days after the effective date of the final rule. A copy of the FR notice is appended (pdf format) to this circular for reference.

  1. We have promulgated in Commercial Information Circular No. 162/02 dated 16 August 2002 the US Customs Service's initial proposal. The requirements set out in the final rule are largely the same as those outlined in the proposed rule, except that in the final rule, the US Customs Service has provided the following two exemptions :

  1. Bulk shipments are exempted from the 24 hours advance manifest requirement. Bulk cargo is defined as homogeneous cargo that is stowed loose in the hold and is not enclosed in any container such as a box, bale, bag, cask, or the like. Specifically, bulk cargo is composed of either free flowing articles, such as oil, grain, coal, ore, and the like, which can be pumped or run through a chute or handled by dumping; or articles that require mechanical handling such as bricks, pig iron, lumber, steel beams, and the like.
     

  2. For carriers of break bulk cargo, i.e. cargo that is not containerized, but is otherwise packaged or bundled, they may also apply for exemption from the advance manifest requirement for the break bulk cargo they will be transporting. Application for exemption has to be submitted to the US Customs Service in writing.

 

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

 

Yours faithfully,

 

(Miss Sofie Chow)

for Director-General of Trade and Industry



Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.