Customs Advance Inbound Cargo Manifest Regulations
This is to inform our customers that the Treasury Department of the United States of America (USA) has published, on October 31st of the current year, a Regulation obliging all maritime transporters to present to the United States Customs Service (USCS) the manifest for export cargoes to that country 24 hours before the goods are loaded at the port of origin.
This Regulation is one of many new regulations intended to prevent the use of commerce and international transport for terrorist purposes.
Compliance with the Regulation will mean big changes in the operational and administrative procedures used until now for cargoes being exported to the USA. It will also affect in-transit cargo in USA ports on its way to ports in other countries, loaded on vessels previously calling at USA terminals.
Consequently it is in the interest of producers and/or exporters, with the exception of those mentioned in the Regulation, to build-in reasonable extra time for the production, consolidation and transport of their cargo to maritime terminals in order to comply with the USA Customs procedures.
It would also be advisable to closely coordinate with truck/rail companies cargo transportation, to avoid changes in bookings, to issue complete and accurate cargo information, and to provide the program of cargo being embarked for the USA at the port of origin. This is important as the Shipping Line must provide the cargo manifest to the USA Customs 24 hours before loading the goods.
Taking into consideration the powerful reasons behind the need for the USA to adopt these measures, it is evident that if they are not fully complied with, the cargo affected will have serious problems to enter the USA market, or the authorities may not allow discharge with significant detriment to both exporters and importers.
In order to guide our customers in the decision making process necessary to adjust their activities to comply with the new Regulation. The previously mentioned Regulation is being published in our website. Below we are included a summary of each part for your information:
Date when Regulation comes into force:
From December 2nd, 2002.
Type of cargo affected:
2.2 Bulk Cargo
Bulk Cargo is exempt from compliance with the regulation.
Bulk Cargo is understood as those cargoes consisting of the same commodity loaded loose in bulk; that is, not consolidated or packed in boxes, bags barrels/casks, etc. For example: fuel, grain, coal mineral, iron mineral, etc.
2.3. Break Bulk Cargo
Break Bulk cargo is non containerized cargo, loose cargo, packed up or crated / bound.
Reefer cargo embarked in holds, as well as vehicles, are considered to be break bulk cargo.
The USA authorities consider that it is possible to hide smuggled goods in Break Bulk cargo in the same way as in containerized cargo. However, this type of cargo can be exempted from the Regulation with a specific authorization of the USCS, who will carry out a case by case analysis at the request of the Shipping Line. If the Shipping Line does not have a specific written authorization from the USCS, the break bulk cargo must be reported 24 hours before embarkation.
The authorization is only applicable under the circumstances that the Shipping Line has clearly declared in the exemption request. If these circumstances change, the Shipping Line must request a new authorization.
Where the authorization has been given, the report must be made 24 hours before the vessel arrives to the USA. However, the USCS have the right to revoke an exemption given to a Shipping Line at any given moment.
Procedure to request exemption from the Regulation:
The request should be presented in writing to U.S. Customs Service, National Targeting Center, 1300 Pennsylvania Ave., NW., Washington DC 20229.
The request must provide clear information so that Customs can evaluate whether there is anything which might affect security. The request should contain information such as:
- The IRS (Internal Revenue Service) number of the Shipping Line.
- The origin, identification and means of packing or crating / binding of the goods to be loaded.
- The ports of call (foreign and USA ports).
- The number of vessels used by the Shipping Line to transport the break bulk cargo, the names of the vessels and their IMO numbers.
The Importer and Shipper List, identifying those who are members of C-TPAT (Customs – Trade Partnership Against Terrorism program, or Customs and Business Associates Against Terrorism).
“Bulk” or “break bulk” cargoes are the only exceptions to the Regulation. Any containerized cargo or cargo which does not qualify as “break bulk” must be reported 24 hours before being loaded in the port of origin.
The co-operation of our customers in providing all the information related to their cargoes is of paramount importance, especially regarding origin, identification and means of packing of the merchandise to be loaded.
3. Seals:
C-TPAT participants must seal all containers loaded. Non-C-TPAT participants must declare the numbers of all the seals installed on containers.M
4. Containers
4.1 Empty Containers
Except for participants in the vessel’s paperless manifest, all vessel carriers are required to report empty containers 24 hours before arrival of the vessel to the USA.
For vessel AMS (Automatic Manifest System) participants, the information must be given 24 hours before the vessel arrives to the USA. This information must be included in a single B/L listing all the numbers of the containers, with the exception of those participating in the current vessel paperless manifest test, who must continue to report empty containers 48 hours before calling at the USA.
4.2 Full Containers
Containerized cargo must be reported, without exception, 24 hours before loading. It is very important that the information about the cargo contained in the unit is given on time, complete and accurate. However, it will not be necessary for the cargo to be delivered to the port.
Cargo manifest already reported to the USCS will not be reported again in the consecutive ports of call.
5. FROB Cargoes (Foreign Cargo Remain On Board)
Cargo remaining on board in transit through the USA Ports must also be manifested 24 hours before loading.
6. CSAV GROUP REGULATIONS
Based on the above regulation, CSAV Group has made the following steps to ensure compliance with USCS requirements:
First Step:
There will be a fixed closing time for receipt of cargo documentation, 48 hours before the beginning of operations. We therefore kindly request our customers to present their complete and accurate documentation on time.
Second Step:
The following information must be provided by the Shipper:
- Shippers, consignee, and notify party must have a written line identifying each of the following sections:
- Shipper, consignee and notify party’s name/address/contact phone and fax number.
- Notify party segment must have an USA address. However, if the Bill of Lading has been issued to the “Order”, then the notify party must have clearly stated as item iii). Again the rule applies that you must have “TO ORDER” written in the name segment and the address segment.
- All Notify parties must have an U.S. address with contact person name, phone and fax number unless cargo is in transit by the USA Ports with final destination to other countries.
- The actual quantity of pieces and the proper packing type name must be stated clearly. For example: ble = bale, pcs = pieces, ctn = cartons, etc. Under no circumstance are PALLETS (plt) or SETS (set) to be used for imports in the USA.
- The weight of the good must be declared in metric tons.
- The quantity of packages of the goods in each container must be declared.
- The “Marks and Numbers” must be in the proper marks and numbers segment of the Bill of Lading form. If there are no marks and numbers then it must read “No Marks And Numbers”. BLANK SPACES are not acceptable.
- Description of the commodity must be written on the FIRST line, not the second nor third. The description must be in the English language. No other language is accepted. Descriptions, such as: “SAME AS ABOVE “, “DITTO” are not allowed.
- The container types must be reflected on the proper segments Example: DV40, DV20, etc.
- All container numbers MUST be described on the Bill(s) of Lading. Non-manifested discharged containers will be seized. One non-manifested container may cause the seizure of all the vessel’s cargo, followed by penalties and fines.
- FCL/FCL containerized cargo must be declared as “Shipper’s load on count” instead of “Said to contain”. LCL/LCL containerized cargo must be declared “As described” instead of “containing”.
- It must be emphasized that all cargo information, including that with final delivery to the USA or in transit, must be written in English. Any other language will be rejected.
- The cargo information must be detailed in full and must not include generic names such as “general merchandise”, “general goods”, “FAK” (“freight of all kinds”), etc.
Third Step:
Once the documentation has been presented to the Port Agent, you will receive from them a document authorizing the entry of the cargo to the terminal for embarkation.
IMPORTANT:
Any discrepancies between container numbers and their corresponding seals will cause denial of embarkation by the Stevedore Company.
Cargoes objected by the USCS might not be loaded and the costs incurred will be responsibility of the Shipper.
In brief, the documentation process that used to take place after embarkation, will from now on necessarily take place 48 hours before the start of the operation for cargoes with destination / in transit to the USA.
We appreciate the help of our estimated customers to circulate these instructions to everyone in their chain of transport, such as Custom Brokers, Truck Companies, Suppliers and Consignees, so that all the information sent to us is complete, precise and within the established time limits.
Juan Antonio Alvarez
Deputy General Manager
Compañía Sud Americana de Vapores S.A.
Federal Register / Vol. 67, No 211 / Thursday, October 31, 2002 / Rules and Regulations:
Presentation of Vessel Cargo Declaration to Customs Before Cargo Is Laden Aboard Vessel at Foreign Port for Transport to the United States. |