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The Trade Act of 2002 required that the Bureau of Customs and Border Protection (CBP) promulgate regulations providing for the mandatory collection of electronic cargo information, by way of a CBP-approved electronic data interchange system, before the cargo is either brought into or sent from the United States by any mode of commercial transportation (sea, air, rail or truck). The cargo information required is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP.
On December 5, 2003, CBP published the general requirement for inbound aircraft with commercial cargo aboard. CBP must electronically receive information concerning the incoming cargo in advance of its arrival. A general compliance date of March 4, 2004 for those air carriers required to participate, and other parties electing to participate, in advance automated cargo information filing. However CBP has set forth a revised implementation schedule in order to complete necessary modifications to the approved electronic data interchange system, train CBP personnel at affected ports and complete certification testing of new participants.
The CBP-approved electronic data interchange system, through which the affected parties will be required to transmit and receive information pursuant to these regulatory provisions, is known as the Air Automated Manifest System (Air AMS). Although CBP and certain trade
members presently participate in Air AMS on a voluntary basis, the final rule established procedures not currently supported by the existing system edits in Air AMS. Therefore, CBP has undertaken to modify certain critical aspects of Air AMS. CBP will introduce these changes by May 13, 2004, when a 90-day certification testing period
begins for all parties who develop Air AMS communications.
Accordingly, it is necessary for CBP to revise the compliance dates for the advance electronic transmission of air cargo information as specified in the following implementation schedule. Compliance dates are staggered because they will allow CBP to deploy training resources for its personnel on a regional basis and prevent CBP from having to conduct certification testing for all new participants at one time.
Air AMS Implementation Schedule
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Date for prts in the following locations:
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August 13, 2004................... Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania,Puerto Rico, Rhode Island, South Carolina, Vermont, Virginia, West Virginia.
October 13, 2004..................Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin.
December 13, 2004................. Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington.
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Original AEMCA Information About Advanced Cargo Notification
The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) announced new cargo reporting rules that will have a significant impact on AEMCA members and other shippers.
The rule is effective January 5, 2004, with staggered compliance dates. The new regulations will require trucks, vessels, trains, and planes that bring cargo into or take cargo out of the United States to electronically transmit the cargo manifest to CPB prior to their arrival or departure.
The time period for notification varies by mode of transportation. Advance cargo notification will allow CBP to screen the cargo information and compare it to intelligence information, and law enforcement and commercial databases in order to identify high-risk shipments.
AEMCA commends DHS and CBP for their efforts to protect America’s borders, but has serious concerns about the new rules’ effect on the industry. In addition to increasing shippers’ regulatory burden, DHS Secretary Tom Ridge admitted that the cost of compliance would be highest for small businesses that must buy new equipment to communicate with CBP. Further, the new regulations essentially rely on the honesty of the person putting together the customs declaration, thus leaving an opportunity for dangerous and/or illegal cargo to pass through customs.
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