Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

Ref : CR EIC 111/2/16

15 December 2003

Dear Sirs,

Commercial Information Circular No. 304/2003

US : Final Rule on Mandatory Advance Electronic Presentation of Cargo Information

The trade was informed via Commercial Information Circular No. 201/2003 dated 29 July 2003 that the US Bureau of Customs and Border Protection (CBP) was seeking public comment on the proposed rule requiring mandatory submission of advance electronic cargo information on inbound and outbound air, sea, truck and rail cargoes by means of CBP-approved electronic data interchange system. The final rule was published in the Federal Register (FR) notice dated 5 December 2003, a copy of which is appended (pdf format) to this circular for reference.

DETAILS

Compliance Dates

2. The final rule will take effect on 5 January 2004 but CBP will adopt a phased-in enforcement process with different compliance dates for different modes of transportation. For inbound vessel cargoes destined to the US, the compliance date is 4 March 2004, by which time all participating advance cargo data filers such as carriers and non-vessel operating common carriers (NVOCCs) must be operational on the Vessel Automated Manifest System. For inbound air cargoes destined to the US, the compliance date will also be 4 March 2004, unless the CBP delays the implementation and announces through the FR.

Changes made in the Final Rule

3. The CBP commented that this final rule introduced some significant changes as compared to the proposed rule published on 23 July. Among the changes, of greater significance to air cargoes are the following -

a.       Air shipments listed as letters and documents

The CBP has decided that the requirements for advance cargo information for letters and documents will not be included in this final rule. A separate FR will be issued to tackle the matter.

b.       Split Shipments

Incoming air carriers are required to submit certain additional data elements to CBP. Specifically, the carrier will be required to transmit house air waybill number, certain transportation and arrival information, the manifested and boarded quantities, and the manifested and boarded weights. CBP will provide further technical specifications regarding the issue of split shipments in the Air Automated Manifest System technical guidelines.

Further Information

4. Traders are recommended to examine the final rule for all the details, including the technicalities in the various electronic manifest systems, the bond issues, determination of liabilities, and contingency arrangement when the automated manifest systems are not functioning etc. For further information or enquiry on the final rule, interested parties may contact CBP officials Messrs. Kimberly Nott, Field Operations at tel. no. 202-927-0042 (for inbound vessel cargo); or Messrs. David M. King, Field Operations at tel. no. 202-927-1133 (for inbound air cargo) respectively. Separately, CBP intends to post Frequently Asked Questions for each mode of transportation on the CBP website (http://www.cbp.gov) which will be updated as necessary. Traders are strongly advised to visit the website from time to time for the latest information and development of the regulations.

ENQUIRIES

5. 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.