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Published on February 26, 2008

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Slide1:  November 28, 2007 San Francisco, California Overview of e-Manifest: Trucks James Swanson, Cargo Release Branch Chief Field Operations, Customs and Border Protection U.S. Customs and Border Protection Presents ACE Exchange Conference Agenda:  Agenda Automated eManifest Law, regulation and federal register notices Trade act enforcement plan and exceptions Status of e-Manifest filing in Groups 1 - 6 Shipment release types and important data elements Federal Motor Carrier Safety Administration (FMCSA) Ways to file an e-Manifest Establish a backup plan! e-Manifest: Trucks Trade Act of 2002:  e-Manifest: Trucks Trade Act of 2002 Section 343(a)(1)(A) of the Trade Act provides that "the Secretary is authorized to promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo." Section 343(a)(1)(B) states that "the Secretary shall endeavor to promulgate an initial set of regulations under subparagraph (A) not later than October 1, 2003." Section 343 of the Trade Act Mandatory Advanced Electronic Information for Cargo and Other Improved Customs Reporting Procedures e-Manifest: Trucks Implementing Regulations:19 CFR 123.92:  e-Manifest: Trucks Implementing Regulations:19 CFR 123.92 Section 123.92 was added to the regulations to implement the inbound truck cargo provisions Section 123.92 provides that for any inbound truck (with commercial cargo aboard) required to report its arrival under section 123.1(b): CBP must electronically receive certain information regarding that cargo through a CBP-approved electronic data interchange (EDI) system no later than 1 hour prior to the carrier’s reaching the first port of arrival in the United States. For truck carriers arriving with shipments qualified for clearance under the FAST (Free and Secure Trade) program, section 123.92 provides that CBP must electronically receive such cargo information through the CBP-approved EDI system no later than 30 minutes prior to the carrier’s reaching the first port of arrival in the United States. e-Manifest: Trucks Federal Register Notices :  e-Manifest: Trucks Federal Register Notices Modification to data elements required for participation in e-Manifest: Trucks 70, FR 13514, published March 21, 2005 Ability of Truck Carriers To Use Third Parties To Submit Manifest Information in the ACE Test 71 FR 15756, published March 29, 2006 Ability of Third Parties to Submit Manifest Information on Behalf of Truck Carriers Via the ACE Secure Data Portal 72 FR 50, published March 15, 2007 Transition Phase to Mandatory e-Manifest :  Transition Phase to Mandatory e-Manifest ACE e-Manifest/Trade Act Enforcement Plan :  ACE e-Manifest/Trade Act Enforcement Plan Enforcement discretion will take place in the following phases: Phase 1 – CBP will begin to exercise enforcement discretion in the form of informed compliance for at least 60 days. That period may be extended based on system performance issues and operational readiness. During this period CBP officers working in primary lanes will be handing out an informed compliance notice to the driver of any conveyance that fails to meet the e-Manifest requirement. Phase 2 – CBP will deny a permit to proceed into the U.S. to any carrier required to submit an e-Manifest which arrives without submitting or attempting to submit an e-Manifest. CBP officers may accept the ACE e-Manifest cover sheet as initial proof of this attempt. Validation of e-Manifest participation should ideally take place in a secondary inspection environment. ACE e-Manifest/Trade Act Enforcement Plan :  ACE e-Manifest/Trade Act Enforcement Plan Phase 3: Continuing as ongoing Trade Act enforcement, CBP will deny a permit to proceed into the U.S. for any truck required to submit an e-Manifest that arrives at one of the ports covered under this memorandum without first successfully transmitting an e-Manifest for that trip. For egregious violations, a monetary penalty ($5,000 for the first offence and $10,000 for subsequent offences), may be issued to the driver in care of the carrier under 19 USC 1436. Egregious violators are defined as those carriers that make no attempt to comply with the requirements. Additional Phases: Once CBP achieves substantial compliance with the requirements to file manifests, additional phases will be announced for enforcement of other Trade Act elements including timeliness of submission, accuracy of data and completeness of manifests. Mandatory e-Manifest Exemptions :  Mandatory e-Manifest Exemptions The following shipments are currently exempt by regulation from the advance electronic filing requirement for incoming cargo: Cargo in transit from point to point in the United States after transiting Canada or Mexico Certain informal entries: Merchandise which may be informally entered on Customs and Border Protection Form (CBPF) 368 or 368A (cash collection or receipt); Merchandise unconditionally or conditionally free, not exceeding $2,000 in value, eligible for entry on CBPF 7523 Products of the United States being returned, for which entry is prescribed on CBPF 3311. Mandatory e-Manifest Exemptions (continued):  Mandatory e-Manifest Exemptions (continued) The following shipment types are not specifically exempted by the regulation but use of e-Manifest is not currently required for: Trips consisting solely of merchandise that is subject to the provisions of 19 United States Code (U.S.C) 1321 (Section 321 releases). If a trip is made up of Section 321 eligible shipments and shipments requiring an entry or in-bond move, all shipments on that trip must be manifested. Empty trucks and truck cabs may be reported via e-Manifest but are not currently required. Mandatory e-Manifest Exemptions:  Mandatory e-Manifest Exemptions These shipment types are not currently able to be reported on an e-Manifest and are therefore not required even when an e-Manifest has been filed. Shipments consisting solely of Instruments of International Traffic (IIT) eligible for release under 19 CFR 10.41(a). IIT can be reported on an e-Manifest as associated to a conveyance or shipment but cannot be used as a shipment release type. International mail shipments moving via a contract carrier from a foreign postal service to the US Postal Service. Carnets. A delivery ticket (CBPF 6043) for movement to a CBP bonded warehouse or a direct Foreign Trade Zone admission on a CBPF 214. Shipments imported for the Department of Defense using 19 CFR 10.102/103 as a release mechanism. All other shipments are required to provide advance electronic cargo information via an eManifest including personal effects using form CBFP-3299 e-Manifest Mandate Report September 2007:  e-Manifest Mandate Report September 2007 e-Manifest data volume October 2007:  e-Manifest data volume October 2007 e-Manifest: Trucks Process Overview:  e-Manifest: Trucks Process Overview Importer/Broker Entry/Entry Summary e-Release A B I ( v i a A C S ) Carrier Manifest W e b P o r t a l / E D I Commodity Trip Conveyance Crew Equipment Shipments Components of an e-Manifest:  Components of an e-Manifest Trip Conveyance Crew (s) Passenger (s) Equipment (s) Shipment (s) – PAPS Shipment (s) – Border Cargo Selectivity (BCS) Shipment (s) – BRASS Shipment (s) – Section 321 Shipment (s) – In-Bond Shipment Release Types:  Shipment Release Types Shipment release types: Pre Arrival Processing System (PAPS) Border Release Advanced Screening and Selectivity (BRASS) Section 321 release of merchandise under $200 Pre-filed In-bond from manifest, electronic in-bond (QP/WP) General Head Note 1 Exemptions Goods Astray Customs and Border Protection Form (CBPF)-7523: Free of Duty CBPF-3299:Declaration for Entry Unaccompanied Articles CBPF-3311:Declaration for Entry of Returned American Goods Shipment declarations, Paper entry declarations and CBP Form 4455:  Shipment declarations, Paper entry declarations and CBP Form 4455 Declarations Instruments of International Traffic Hazardous Materials If a carrier identifies these shipment release types they will be required to present the appropriate Customs and Border Protection Form (CBPF) CBPF-3299 – Unaccompanied Articles (e-Manifest required) CBPF-3311 – Free US Goods Returned (e-Manifest optional) CBPF-7523 – Free of Duty (e-Manifest optional) CBPF-4455 Certificate of Registration is used as a support document not as an entry declaration. Broker and Carrier Communications:  Broker and Carrier Communications It is imperative that brokers and carriers communicate in order to coordinate the entry and manifest A Customs entry must properly reference the corresponding manifest shipment record or records What is called a Shipment Control Number (SCN) on the manifest must correspond with the Customs entry master bill of lading On the northern border, this number is usually the carrier’s Standard Alpha Carrier Code (SCAC) plus the pro-bill number On the southern border, this number is usually the carrier’s SCAC plus the Customs entry number. This must include the broker’s filer code Today this number is often referred to as the PAPS number This number must be unique, must start with a valid SCAC, and must be the same between entry declaration and the manifest shipment declaration Important Data Elements and Processes:  Important Data Elements and Processes Bill Control Number – Should not be used, leave this data element blank Piece Count – Entry and manifest piece count must match Weight – To be reported in pounds or kilograms Description of Cargo – Cannot be “Freight of all Kind.” Must be specific, detailed description Consolidated Entries – One entry can reference multiple Shipment Control Numbers Broker Download – Message can be sent before or at time of manifest submission Free And Secure Trade (FAST) Eligibility Requirements:  Free And Secure Trade (FAST) Eligibility Requirements Driver must be a registered FAST participant with a proximity card Truck must be equipped with a transponder Carrier must be a Customs-Trade Partnership Against Terrorism (C-TPAT) participant Importer must be a C-TPAT participant Manufacturer must be a C-TPAT participant No other shipment release type can be on the same trip Equipment must be sealed Slide21:  FAST/NCAP electronic transactions are filed in the same manner as they have always been. The FAST transaction will be processed in ACE when the truck arrives at the border. FAST/NCAP transactions may not be created or modified via the ACE Secure Data Portal FAST shipments that qualify for FAST using the Pre-Arrival Processing System (PAPS) Require that a Standard e-Manifest presented to ACE at least 30 minutes prior to the truck’s arrival at the border. Require that a PAPS entry be filed at least 30 minutes prior to the truck’s arrival at the border. FAST and ACE Cover Sheet:  Cover Sheet The following must be clearly noted on the cover sheet: ACE Electronic Manifest   Trip number: Standard Carrier Alpha Code (SCAC) + unique identification # for trip. This should be clearly labeled as “trip number” and must be in text. Note: this is not the shipment control number or Pre-Arrival Processing System (PAPS) number Driver’s Name   Truck (Tractor) License Plate: Must be the one that is transmitted to CBP   In addition, the following data elements may be added in smaller letters (12 point type maximum): Shipment Control Number (SCN): (PAPS or other shipment ID) Shipment Description for each SCN  DO NOT ATTACH PAPS BARCODES TO THE COVER SHEET Cover Sheet with a In-bond Shipment :  Cover Sheet with a In-bond Shipment U. S. Customs and Border Protection (CBP) Form 7512 Update On November 20, 2006, CBP announced the following: “Effective immediately, carriers who elect to use ACE to transmit in-bond movements to CBP will not be required to provide a CBP Form 7512 at the time of arrival into the United States or upon arrival at the destination port. Carriers who elect not to present a CBP Form 7512, will be required to provide the existing e-Manifest cover sheet, outlined in the memorandum, Uniform Guidance for Presentation of Manifests to CBP Officers for ACE Electronic Truck Manifest, which will include the following information: Trip number (required for all trips) Tractor plate that was transmitted to CBP (required for all trips) Drivers Name (required for all trips) In-bond Cover Sheet (continued):  In-bond Cover Sheet (continued) Shipment control number (optional but highly recommended) Shipment description (required for in-bond shipments, optional for all others) In-Bond number (required only for in-bond shipments) Quantity and weight (required only for in-bond shipments) In-bond shipments that are electronically transmitted to CBP via ACE e-Manifest will be considered to be paperless (such as electronic “V” in-bonds). Carriers who transmit in bond shipments to CBP through ACE e-Manifest will be required to electronically transmit all subsequent in-bond postings, including arriving and exporting at the destination port. The cover sheet may be provided to CBP at any location to act as identification of the in-bond shipment if requested.” Sample Cover Sheets:  Sample Cover Sheets With In-bond Shipment Without In-bond Shipment In-bond:  In-bond In-Bond types supported 61 – Immediate Transportation (I.T.) 62 – Transportation and Exportation (T&E) 63 – Immediate Exportation (I.E.) In-Bond capability supported In-Bond request and authorization In-Bond arrival Method of data transmission e-Manifest: Trucks (Release 4) Electronic In-Bond via the Automated Broker Interface (QP/WP) In-bond QP/WP creates an unassociated shipment in a carrier’s account In-bond via the ACE Secure Data Portal:  In-bond via the ACE Secure Data Portal Electronic in-bond filed via the Automated Broker Interface (ABI) application identifier “QP” can be associated to a trip via the ACE Secure Data Portal:  Electronic in-bond filed via the Automated Broker Interface (ABI) application identifier “QP” can be associated to a trip via the ACE Secure Data Portal The QP electronic In-bond must be filed prior to the e-Manifest The carrier must pull the QP in-bond shipment into a manifest. Remove the equipment that is imported into the trip as N/C Associate the shipment to the appropriate piece of equipment or the conveyance Shipper and consignee name and addresses can be updated via the Portal In-bond via the ACE Secure Data Portal:  In-bond via the ACE Secure Data Portal QP In-bond shipments and EDI:  QP In-bond shipments and EDI QP in-bond requests must be submitted prior to the completion of the e-Manifest QP in-bond requests create un-associated shipments in ACE QP in-bond shipment can be linked to the e-Manifest by using the “Consist” message and referencing the Master Bill of Lading number (shipment control number). e-Manifests must be finalized by using the “end of manifest” message which will update the e-Manifest to a “Completed” status Truck Safety Inspections:  Truck Safety Inspections The e-Manifest will be used by ACE to screen carriers for truck safety issues The ACE truck safety check will interface with FMCSA databases to determine the compliance level of carriers, drivers and conveyances (trucks). These are the same databases utilized by Federal and State truck safety inspectors Delays will be minimized because checks will be performed prior to arrival at the intended port of entry Carriers and brokers will benefit from ACE’s pre-arrival notice of truck safety related issues prior to arrival at a port of entry Brokers will benefit from knowing that delays due to truck safety inspections will be minimized because they have chosen to use compliant carriers, drivers, and trucks Truck Safety Inspections (continued):  Truck Safety Inspections (continued) ACE will utilize key pieces of information from an e-Manifest to perform truck safety compliance checks on carriers, drivers, and conveyances (trucks) These truck safety checks will include (but are not limited to) authority to operate in the U.S., commercial drivers license verification, and out-of-service orders for carrier, drivers and trucks Some of the key pieces of e-Manifest information to be used in a truck safety check include the carrier’s DOT#, the driver’s commercial driver license number, and the trucks license plate number and license plate state of issuance If a carrier is uncertain whether they need a DOT# or need information on how to obtain a DOT#, they should contact the FMCSA Options for filing e-Manifests:  Options for filing e-Manifests Filing e-Manifests via Electronic Data Interchange Build an interface to ACE using Electronic Data Interface (EDI) Have your dispatch software provider build an interface to ACE Purchase or lease software that has established an interface to ACE Hire a third party who uses their own software to interface with ACE Filing e-Manifests via the ACE Secure Data Portal Establish an ACE Secure Data Portal Account and file your own manifests Hire a third party who has established an ACE Portal Account to file a manifest on your behalf Filing e-Manifests via EDI?:  Filing e-Manifests via EDI? For specific information on filing an electronic truck manifest using EDI, please contact TJ Wright at TJ.Wright@dhs.gov or at (703) 650-3121 Client Representatives – Provide EDI information including development, testing, and implementation for new EDI participants, as assigned. Available Monday – Friday, 8:00am – 6:00pm EDT Software Providers on www.cbp.gov :  Software Providers on www.cbp.gov Portal Web Based Training (WBT):  Portal Web Based Training (WBT) https://nemo.customs.gov/ace_online/ Login: user01 Password: 1Password How To Apply for an ACE Portal Account:  How To Apply for an ACE Portal Account If your company has internet access, your company is eligible. Step 1: Fill out the ACE application Applications can be found at www.cbp.gov/modernization or by sending an e-mail to ACENow@dhs.gov Fill out all required application fields on your computer Step 2: Return the ACE application to CBP Print out, sign, and mail the completed application to: ACE Secure Data Portal – ACE Applications U.S. Customs and Border Protection Beauregard Building, Room A-306-5 7681 Boston Boulevard Springfield, VA 22153 OR Provide the indicated digital signatures and e-mail the completed electronic application to: ACE.Applications@dhs.gov To inquire on your ACE application status, e-mail ACE.Application.Status@customs.treas.gov Points of Contact:  Points of Contact ACE Help Desk Provides technical assistance, responds to log-on issues, etc. Open 24-hours, 7 days a week, 703-921-6000 or 1-800-927-8729, option 4, option 2, option 1 E-mail ACE.HelpDesk@customs.treas.gov Offers bilingual support for Spanish speakers Third party e-Manifest filing:  Third party e-Manifest filing e-Manifests can be filed by third parties via the use of Electronic Data Interchange e-Manifests can be filed by third parties that have a valid Standard Alpha Carrier Code (SCAC) via the ACE Secure Data Portal by using the “Create a Standard Manifest for another Carrier” option. e-Manifests can be filed via the ACE Secure Data Portal by third parties that do not have a SCAC code by obtaining a Manifest Preparer Code from Dan Buchanan at daniel.buchanan@dhs.gov Create Standard Manifest for Another Carrier:  Create Standard Manifest for Another Carrier Questions and Feedback:  Questions and Feedback For more information, visit “ACE: Modernization Information Systems” at www.cbp.gov/modernization or send an e-mail to: CBP.CSPO@dhs.gov

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