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Published on September 28, 2007

Author: BAWare

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Mandatory e-Manifest Filing Informed and Enforced Compliance Phases:  Mandatory e-Manifest Filing Informed and Enforced Compliance Phases First Group: Arizona, Washington, & specific ports in North Dakota Federal Register Notice: October 25, 2006 Phase 1 January 25, 2007 Phase 2 April 26, 2007 Phase 3 May 26, 2007 Second Group: California, Texas, and New Mexico Federal Register Notice: January 19, 2007 Phase 1 April 19, 2007 Phase 2 June 19, 2007 Phase 3 July 19, 2007 Mandatory e-Manifest Filing Informed and Enforced Compliance Phases:  Mandatory e-Manifest Filing Informed and Enforced Compliance Phases Third Group: Michigan and New York Federal Register Notice: February 23, 2007 Phase 1 May 24, 2007 Phase 2 July 23, 2007 Phase 3 August 22, 2007 Fourth Group: Vermont, North Dakota, and New Hampshire Federal Register Notice: April 13, 2007 Phase 1 July 12, 2007 Phase 2 September 12, 2007 Phase 3 October 12, 2007 Mandatory e-Manifest Filing Informed and Enforced Compliance Phases:  Mandatory e-Manifest Filing Informed and Enforced Compliance Phases Fifth Group: Idaho and Montana Federal Register Notice: May 8, 2007 Phase 1 August 6, 2007 Phase 2 October 6, 2007 Phase 3 November 6, 2007 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. Exceptions to Filing e-Manifests:  Exceptions to Filing e-Manifests Domestic cargo transported by truck and arriving at one port from another in the United States after transiting Canada or Mexico Certain informal entries including: Merchandise which may be informally entered on Customs Form (CF) 368 or 368A (cash collection or receipt) Merchandise unconditionally or conditionally free, not exceeding $2000 in value, eligible for entry on CF 7523 Products of the United States being returned, for which entry is prescribed on CF 3311 (U.S. goods returned) Shipments Not Currently Requiring e-Manifest:  Shipments Not Currently Requiring e-Manifest The following shipment types are not specifically exempted by the regulation but use of e-Manifest is not currently required for: Merchandise that is subject to the provisions of 19 United States Code (U.S.C) 1321 (Section 321 releases); Empty trucks and truck cabs; Shipments consisting solely of Instruments of International Traffic eligible for release under 19 Code of Federal Regulations (C.F.R) 10.41 (a) Shipments Not Currently Requiring e-Manifest (continued):  Shipments Not Currently Requiring e-Manifest (continued) International mail shipments being shipped by a contract carrier from a foreign postal service to the US Postal Service Carnets A delivery ticket for movement to a CBP bonded warehouse or a CBP 214 admitting merchandise to a Foreign Trade Zone All other shipments are required to provide advance electronic cargo information via an e-Manifest, including personal effects using CF 3299 NOTE: If one shipment on board falls under e-Manifest requirements, then all shipments on board must be reported on the manifest, including section 321's 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 In-bond processing in ACE:  In-bond processing in ACE 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 processing in ACE (continued):  In-bond processing in ACE (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.” Electronic in-bond filed via the Automated Broker Interface (ABI) application identifier “QP” and associated to a trip via the ACE Secure Data Portal:  Electronic in-bond filed via the Automated Broker Interface (ABI) application identifier “QP” and associated to a trip via the ACE Secure Data Portal The QP electronic In-bond should be filed prior to the e-Manifest The carrier must pull the QP in-bond shipment into a manifest before updating the following data elements: Complete the Shipper and Consignee name and address information Add a dollar value Remove the equipment that is imported into the trip as N/C Associate the shipment to the appropriate piece of equipment or the conveyance Add the “Foreign Port of Destination” data element for all Immediate Exportation (I.E.s) and Transportation & Exportation (T.&E.s) Add the “unit of Quantity” description i.e. carton, barrel, roll etc. Add the “weight” description i.e. lbs/kgs 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 Form (CF) 7523 – Free of Duty CF- 3299 – Declaration for Entry Unaccompanied Articles CF- 3311 – Declaration for Entry of Returned American Goods Shipment declarations, FAST NCAP and CBP Form 4455:  Shipment declarations, FAST NCAP and CBP Form 4455 Declarations Instruments of International Traffic Hazardous Materials Free and Secure Trade (FAST-NCAP) CBP Form 4455 Certificate of Registration is used as support 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 Carrier Alpha 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 manifest shipment declaration For consolidated entries, the broker must ensure that EACH shipment control number is included on the ABI transmission A consolidated entry is defined as one entry being filed in order to clear more than one shipment Filing Options for e-Manifest:  Filing Options for e-Manifest 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 File the manifest on behalf of the carrier via 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 Use a third party who has already established an importer, broker, or carrier ACE Portal Account to file a manifest on your behalf Third Party e-Manifest Filing:  Third Party e-Manifest Filing Importers, Brokers, and Carriers Brokers, carriers, importers and other third parties have been able to file manifests on the behalf of carriers via EDI since March of 2006 by utilizing or developing an EDI interface with the U.S. Customs and Border Protection ACE e-Manifest system. As of March 15, 2007, brokers, carriers, importers, and other entities who have established an ACE Secure Data Portal account have been able to file manifests on behalf of a carrier as a third party manifest submitter via the Portal. To request information on how to become an ACE portal account, send an e-mail to ACENow@dhs.gov or go directly to http://www.cbp.gov/xp/cgov/toolbox/about/modernization/ace_app_info/ Third Party e-Manifest Filing (continued):  Third Party e-Manifest Filing (continued) Brokers and Importers who do not already have an assigned NMFTA SCAC will need to get a manifest preparer code. Please contact Dan Buchanan at daniel.buchanan@dhs.gov for this number Please inform your CBP Account Manager that you will be adding a carrier view to your account If you do not have an Account Manager, contact the Account Services Desk at 1-800-927-8729, Options 4, 2, 1 While on the Accounts Tab within the ACE Secure Data Portal and with your Top Account Name highlighted, select “Carrier” from the “View” drop down menu Add the “SCAC” provided to you by CBP by clicking on the “Add” button in the ”Account List” portlet on the “Accounts” tab and by following the steps shown in the portlet Importer and Broker ACE Portal Accounts without a National Motor Freight Traffic Association (NMFTA) issued SCAC should follow the steps listed below: Third Party e-Manifest Filing (continued):  Carrier ACE Portal Accounts with an NMFTA issued SCAC Current truck carrier ACE portal accounts who wish to transmit a manifest on behalf of another carrier are able to do so through their existing ACE portal accounts No additional steps are necessary Entities other than importers, brokers and carriers Must obtain a Manifest Preparer Code from daniel.buchanan@dhs.gov Follow the instructions for establishing an ACE portal account Will have access to “Create a Standard Manifest for Another Carrier” only Third Party e-Manifest Filing (continued) Create Standard Manifest for Another Carrier:  Create Standard Manifest for Another Carrier Create Standard Manifest for Another Carrier:  Create Standard Manifest for Another Carrier Create Standard Manifest for Another Carrier:  Create Standard Manifest for Another Carrier Creating a Shipment for Another Carrier:  Creating a Shipment for Another Carrier Creating a Shipment for Another Carrier:  Creating a Shipment for Another Carrier 10 + 2 Advance Trade Data Elements:  10 + 2 Advance Trade Data Elements BACKGROUND: The recent passing of the SAFE Port Act requires CBP to obtain additional information for improved high-risk targeting. CBP is to seek out advanced information about cargo destined for importation into the United States before it is loaded on ships at foreign ports. In consultation with the trade community, CBP has developed a draft proposal to be used as a “straw man” to facilitate the development of regulations. In keeping with the parameters of the Trade Act of 2002, the additional data elements requested under the proposal will be used for security and enhanced targeting and are not intended for commercial or trade enforcement purposes. 10 + 2 Advance Trade Data Elements:  10 + 2 Advance Trade Data Elements PROPOSED REQUIREMENTS: In addition to the current data elements specified under the 24 Hour Rule, CBP proposes to require the following 10 additional set of data elements 24 hours prior to vessel loading: Manufacturer Name and Address Seller Name and Address Container Stuffing Location Consolidator Name and Address Buyer Name and Address Ship to Name and Address Importer of Record Number Consignee Number Country of Origin of the Goods Commodity Harmonized Tariff Schedule Number 10 + 2 Advance Trade Data Elements (continued):  10 + 2 Advance Trade Data Elements (continued) In addition to the 10 data elements outlined above, CBP will require ocean carriers to provide two additional data sets to complete the security filing: Vessel Stow Plan Container Status Messages 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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