CBP Announcement

The Required Advance Electronic Presentation of Cargo Information Final Rule published in the Federal Register on December 5, 2003 amended the Customs Regulations by mandating the transmission of Customs and Border Protection (CBP) Form 1302 data electronically via the Sea Automated Manifest System (AMS). The Final Rule notified the public that CBP would adopt a phased-in enforcement process for the Trade Act Regulations similar to that which was utilized when the 24-Hour Rule was implemented.

On March 1, 2004 Trade Compliance and Facilitation (TCF) disseminated guidelines for enforcement of the Trade Act Regulations outlining progressive enforcement actions to be taken by Port Directors. The memorandum afforded bulk carriers and passenger vessels an additional 30-day informed compliance period. However, field officers were instructed to issue warning notices to bulk carriers and passenger vessels that arrived in violation of the Trade Act Regulations during the informed compliance period. Effective April 2, 2004 the enforcement actions outlined for container vessels applied to bulk and break-bulk carriers including passenger vessels.

Effective July 6, 2004 vessels required to make entry in accordance with Customs regulations at 19 CFR, Part 4 and scheduled to arrive at anchor or at a dock in any harbor within the Customs territory of the U.S. must comply with the Trade Act Regulations. There are no exceptions or waivers to the automation requirement for electronic transmission of cargo declaration data mandated by the Trade Act. The Port Director will deny permission to unlade cargo to vessel carriers arriving in violation of the Trade Act Regulations. However, passenger vessels will be allowed to disembark passengers.

Vessel carriers and automated NVOCCs, that are not bulk or CBP approved break-bulk, must transmit cargo declaration data (including FROB) in Sea AMS 24 hours before the cargo is laden on the vessel in the foreign port. Bulk and CBP approved break-bulk carriers that have vessel voyages that are less than 24 hours in sailing time from the foreign port of load to the U.S. are required to transmit their cargo declaration data (including FROB) to CBP via Sea AMS at the time of vessel departure from the foreign port. Bulk and CBP approved break-bulk carriers with vessel voyages that exceed 24 hours in sailing time are required to transmit cargo declaration data (including FROB) in Sea AMS 24 hours prior to vessel arrival.

Required Transmission Times for Cargo Declaration Data (CBF Form 1302) Including FROB

Type of Cargo	Qualifier	Time of Receipt By CBP In AMS
Containerized	NONE	24 hours prior to loading
Break Bulk (non-exempt)	NONE	24 hours prior to loading
Bulk Cargo	Voyage more than 24 hrs	24 hours prior to arrival
Bulk Cargo	Voyage less than 24 hrs	Time of sailing
Break Bulk Cargo (exempt)*	Voyage more than 24 hrs	24 hours prior to arrival
Break Bulk Cargo (exempt)*	Voyage less than 24 hrs	Time of sailing

*exemptions must be approved by CBP 19 CFR 4.7(b)(4)(ii)

In the Trade Act Final Rule (68 FR 68144), CBP agreed to post Frequently Asked Questions (FAQs) which will be updated as necessary. These FAQs were updated on May 25, 2004 and have been posted to the CBP Web site at:

http://www.cbp.gov/xp/cgov/import/communications_to_industry/advance_info/. Please continue to monitor the CBP Web site (www.cbp.gov) for updated information on the Trade Act of 2002.