[Federal Register: August 17, 2004 (Volume 69, Number 158)]
[Rules and Regulations]
[Page 51007-51009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au04-6]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
19 CFR Part 123
Required Advance Electronic Presentation of Cargo Information:
Compliance Dates for Truck Carriers
AGENCY: Customs and Border Protection, DHS.
ACTION: Announcement of compliance dates.
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SUMMARY: This document informs truck carriers when they will be
required to transmit advance electronic cargo information to Customs
and Border Protection regarding cargo they are bringing into the United
States, as mandated by section 343(a) of the Trade Act of 2002 and the
implementing regulations. The dates when truck carriers will be
required to comply vary depending on the port of entry at which the
truck carrier will be arriving in the United States.
DATES: The implementation schedule set forth in the SUPPLEMENTARY
INFORMATION discussion specifies three compliance dates, depending on
the location of the port of entry.
FOR FURTHER INFORMATION CONTACT: For questions concerning Inbound Truck
Cargo: James Swanson, Field Operations, (202) 344-2576.
SUPPLEMENTARY INFORMATION:
Background
Section 343(a) of the Trade Act of 2002, as amended (the Act; 19
U.S.C. 2071 note), required that 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 brought into or departs 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 in the Federal Register (68 FR
68140) a final rule intended to effectuate the provisions of the Act.
In particular, a new Sec. 123.92 (19 CFR 123.92) was
[[Page 51008]]
added to the CBP Regulations to implement the inbound truck cargo
provisions of the Act's provisions. Section 123.92 describes the
general requirement that for any inbound truck required to report its
arrival under Sec. 123.1(b), that will have commercial cargo aboard,
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, 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.
To effect the advance electronic transmission of the required truck
cargo information to CBP, CBP has approved two interim EDI systems, for
use until the Automated Commercial Environment Truck Manifest becomes
fully operational. The two systems are the Pre-Arrival Processing
System (PAPS) and QP/WP (an Automated Broker Interface (ABI) in-bond
processing system that allows ABI filers to create and process in-bond
shipments).
Truck carriers bringing commercial cargo subject to advance cargo
information requirements into the United States must use one of the two
interim EDI systems described above, with the two exceptions set forth
below in the CAFES AND BRASS EXCEPTION portion of this document.
All commercial cargo is subject to advance cargo information
requirements, pursuant to Sec. 123.92(b), except for the following:
(1) Cargo in transit from point to point in the United States.
Domestic cargo transported by truck and arriving at one port from
another in the United States after transiting Canada or Mexico (Sec.
123.21; Sec. 123.41); and
(2) Certain informal entries:
(i) Merchandise which is informally entered on Customs Form (CF)
368 or CF 368 A (cash collection or receipt);
(ii) Merchandise unconditionally or conditionally free, not
exceeding $2000 in value, eligible for entry on CF 7523; and
(iii) Products of the United States being returned, for which entry
is prescribed on CF 3311.
It should be noted that upon final implementation of the Truck
Manifest module of the Automated Commercial Environment, the exempted
information described in (2) above will be transmitted electronically
in advance of cargo arrival in order to expedite release and
processing.
It is further noted that Sec. 123.92(c)(2) allows a United States
importer, or its customs broker, to elect to present to CBP a portion
of the required information that it possesses in relation to the cargo.
Under such circumstance, the truck carrier is responsible for
presenting to CBP the remainder of the required cargo information.
CAFES and BRASS Exceptions
As a temporary accommodation, CBP will not require either of the
CBP-approved EDI systems to be used if the merchandise transported by
the truck carrier is currently approved for processing under the
Customs Automated Forms Entry System (CAFES) or the Border Release
Advanced Screening and Selectivity (BRASS) programs. Under the BRASS
program, the following conditions must be met:
(1) The importer and shipper involved in the transaction are
current BRASS participants (as of the date of publication of this
notice);
(2) The importer and shipper have engaged in a minimum number of
BRASS import transactions during the previous calendar year. The
minimum number is currently 50, but CBP retains the right to change
this number as a matter of policy. Any policy changes regarding the
minimum number of BRASS transactions will be communicated by the CBP
BRASS Processing Center or through Port Information Notices;
(3) The truck carrier carrying the merchandise only utilizes
drivers who are registered under the Free and Secure Trade (FAST)
program and carrying a FAST Driver Card. This requirement does not
apply at the ports of Eastport, Idaho; International Falls, Minnesota;
Grand Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards
are not available. This requirement will apply at these ports when CBP
publishes a Federal Register notice announcing that CBP is ready to
register FAST drivers at these geographic locations; and
(4) For processing along the southern border, the truck carrier
participates in an approved industry partnership program, such as C-
TPAT (Customs-Trade Partnership Against Terrorism).
Implementation of Advance Electronic Information Requirements
Section 123.92(e) requires CBP, 90 days prior to mandating advance
electronic information at a port of entry, to publish notice in the
Federal Register informing affected carriers that the EDI system is in
place and fully operational. Accordingly, in this document, CBP is
notifying truck carriers when they will be required to present advance
electronic cargo information regarding cargo arriving at particular
ports of entry in the United States through a CBP-approved EDI system.
The implementation schedule will be staggered in three phases.
The above-described interchange systems are now in place and
operational at the forty ports of entry listed in the ``Compliance
Dates'' section of this document, under the caption ``First
Implementation''. Truck carriers, which will first arrive in the United
States at these ports, will be required, 90 days from the date of
publication of this notice in the Federal Register, to comply with the
advance electronic transmission requirements set forth in Sec. 123.92,
CBP Regulations.
Two additional implementations are scheduled for the remaining
ports. Consistent with the provision in Sec. 123.92(e) that requires
CBP to announce when ports are fully operational, CBP is announcing by
this document that the remaining fifty-nine ports listed in the second
and third phases of implementation will become fully operational at
least 90 days before truck carriers are required to transmit advance
electronic information to CBP at those ports. The schedule for
implementing the advance electronic transmission requirements at all
ninety-nine ports is summarized below in the ``Compliance Dates''
section.
Compliance Dates
First Implementation
Effective November 15, 2004, truck carriers must commence the
advance electronic transmission to CBP of required cargo information
for inbound cargo at the following forty ports of entry (corresponding
port code and field office location appear in parenthesis next to port
location):
(1) Buffalo, NY (0901, Buffalo);
(2) Alexandria Bay, NY (0708, Buffalo);
(3) Ogdensburg, NY (0701, Buffalo);
(4) Massena, NY (0704, Buffalo);
(5) Detroit, MI (3801, Detroit);
(6) Port Huron, MI (3802, Detroit);
(7) Sault Ste. Marie, MI (3803, Detroit);
(8) Algonac, MI (3814, Detroit);
(9) Blaine, WA (3004, Seattle);
(10) Sumas, WA (3009, Seattle);
(11) Lynden, WA (3023, Seattle);
(12) Oroville, WA (3019, Seattle);
(13) Frontier, WA (3020, Seattle);
(14) Laurier, WA (3016, Seattle);
(15) Point Roberts, WA (3017, Seattle);
(16) Danville, WA (3012, Seattle);
[[Page 51009]]
(17) Ferry, WA (3013, Seattle);
(18) Metaline Falls, WA (3025, Seattle);
(19) Laredo, TX (2304, Laredo);
(20) Eagle Pass, TX (2303, Laredo);
(21) Brownsville, TX (2301, Laredo);
(22) Progresso, TX (2309, Laredo);
(23) Del Rio, TX (2302, Laredo);
(24) Hidalgo/Pharr, TX (2305, Laredo);
(25) Roma, TX (2310, Laredo);
(26) Rio Grande City, TX (2307, Laredo);
(27) El Paso, TX (2402, El Paso);
(28) Presidio, TX (2403, El Paso);
(29) Fabens, TX (2404, El Paso);
(30) Columbus, NM (2406, El Paso);
(31) Santa Teresa, NM (2408, El Paso);
(32) Douglas, AZ (2601, Tucson);
(33) Lukeville, AZ (2602, Tucson);
(34) Naco, AZ (2603, Tucson);
(35) Nogales, AZ (2604, Tucson);
(36) Sasabe, AZ (2606, Tucson);
(37) San Luis, AZ (2608, Tucson);
(38) Tecate, CA (2505, San Diego);
(39) Calexico, CA (2507, San Diego);
(40) Otay Mesa, CA (2506, San Diego).
Second Implementation
Effective December 15, 2004, truck carriers must commence the
advance electronic transmission to CBP of required cargo information
for inbound cargo at the following forty-three ports of entry:
(41) Champlain, NY (0712, Buffalo);
(42) Trout River, NY (0715, Buffalo);
(43) Pembina, ND (3401, Seattle);
(44) Noyes, MN (3402, Seattle);
(45) Portal, ND (3403, Seattle);
(46) Neche, ND (3404, Seattle);
(47) St. John, ND (3405, Seattle);
(48) Northgate, ND (3406, Seattle);
(49) Walhalla, ND (3407, Seattle);
(50) Hannah, ND (3408, Seattle);
(51) Sarles, ND (3409, Seattle);
(52) Ambrose, ND (3410, Seattle);
(53) Antler, ND (3413, Seattle);
(54) Sherwood, ND (3414, Seattle);
(55) Hansboro, ND (3415, Seattle);
(56) Maida, ND (3416, Seattle);
(57) Fortuna, ND (3417, Seattle);
(58) Westhope, ND (3419, Seattle);
(59) Noonan, ND (3420, Seattle);
(60) Carbury, ND (3421, Seattle);
(61) Dunseith, ND (3422, Seattle);
(62) Warroad, MN (3423, Seattle);
(63) Baudette, MN (3424, Seattle);
(64) Pine Creek, MN (3425, Seattle);
(65) Roseau, MN (3426, Seattle);
(66) International Falls, MN (3604, Seattle);
(67) Grand Portage, MN (3613, Seattle);
(68) Richford, VT (0203, Boston);
(69) Derby Line, VT (0209, Boston);
(70) Norton, VT (0211, Boston);
(71) Beecher Falls, VT (0206, Boston);
(72) Highgate Springs, VT (0212, Boston);
(73) Houlton, ME (0106, Boston);
(74) Bridgewater, ME (0127, Boston);
(75) Fort Fairfield, ME (0107, Boston);
(76) Limestone, ME (0118, Boston);
(77) Van Buren, ME (0108, Boston);
(78) Madawaska, ME (0109, Boston);
(79) Fort Kent, ME (0110, Boston);
(80) Calais, ME (0115, Boston);
(81) Vanceboro, ME (0105, Boston);
(82) Eastport/Lubec, ME (0103, Boston);
(83) Jackman, ME (0104, Boston).
Third Implementation
Effective January 14, 2005, truck carriers must commence the
advance electronic transmission to CBP of required cargo information
for inbound cargo at the following sixteen ports of entry:
(84) Eastport, ID (3302, Seattle);
(85) Porthill, ID (3308, Seattle);
(86) Sweetgrass, MT (3310, Seattle);
(87) Raymond, MT (3301, Seattle);
(88) Turner, MT (3306, Seattle);
(89) Scobey, MT (3309, Seattle);
(90) Whitetail, MT (3312, Seattle);
(91) Piegan, MT (3316, Seattle);
(92) Opheim, MT (3317, Seattle);
(93) Roosville, MT (3318, Seattle);
(94) Morgan, MT (3319, Seattle);
(95) Whitlash, MT (3321, Seattle);
(96) Del Bonita, MT (3322, Seattle);
(97) Alcan, AK (3104, Portland);
(98) Skagway, AK (3103, Portland);
(99) Dalton Cache, AK (3106, Portland).
Dated: August 12, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 04-18818 Filed 8-16-04; 8:45 am]
BILLING CODE 4820-02-P