The Bureau of Customs and Border Protection (CBP) has published a proposed rule in the July 23, 2003 Federal Register to amend the Customs Regulations in order to require the advance electronic presentation of information pertaining to cargo prior to its being brought into, or sent from, the U.S.  Written comments are due on or before August 22, 2003.  Written comments are to be addressed to the Bureau of Customs and Border Protection (CBP), Office of Regulations and Rulings, Attention: Regulations Branch, 1300 Pennsylvania Ave., NW., Washington, DC 20229.

 For Truck cargo destined to the U.S. CBP is proposing that on an interim basis, existing systems, especially the Free and Secure Trade (FAST) system, will be employed at the Northern and Southern borders to effect the advance presentation of the necessary commodity and carrier information for inbound truck cargo. 

CBP states that the other acceptable existing systems are PAPS (which uses Automated Broker Interface (ABI)), BRASS (Line Release which would be modified as necessary), CAFES (Line Release for In-Bond cargo), or ABI In-Bond reporting (aka Automated In-Bond).  There will be no more showing up at the border with paperwork, checking in at the primary CBP inspection booth and proceeding to the broker, and having them enter and transmit information  to CBP while the driver waits.

In order to participate in FAST;

1)  The carrier must be an approved FAST carrier (Great Lakes Customs Brokerage trucks are APPROVED). 

2)  Drivers must be approved FAST drivers (Great Lakes Customs Brokerage's. drivers are approved). 

3)  Importers (including Canadian Exporter's acting as the U.S. Importer of Record) must be C-TPAT approved.

Great Lakes Customs Brokerage Inc. has developed an On-Line program to advise and guide companies through the C-TPAT application process.  The fee for the online instruction will be $35.  Please contact your Great Lakes Customs Brokerage Inc. customer service team to arrange for a login and password to the www.glcbi-training.com site.  Reminder - FAST shipments will be given priority in Customs clearance.  According to CBP, FAST carriers will be routed around the long truck lines at the border to the front of the line AND will be processed through Customs using the special automated lanes designated for processing FAST shipments ahead of other carriers.  Additionally, CBP has informed us that FAST shipments will also be given priority status should inspection be ordered.  CBP fully expects the FAST program to become the standard for U.S. Customs clearance.

Arrival notice time frames.  CBP is proposing that the electronic filer present commodity and transportation information to CBP for cargo no later than 30 minutes (for FAST) or 1 hour (for PAPS, or ABI in-bond) prior to the carrier's arrival at the U.S. port of entry. 

By contrast, CBP is proposing that for CAFES and BRASS (as modified), given the limitations of these "Line-Release" systems, the necessary information would be submitted upon arrival at the first port of entry. 

Great Lakes Customs Brokerage Inc. encourages all companies with business on the U.S.-Canada Border to submit comments to Customs, that any time limitation, other than simply "prior to arrival at the border", put on the submission of cargo information, hinders the movement of cargo and will significantly increase transportation costs.  We are opposed to any time limitation, even 30 minutes or 1 hour.  Due to the close proximity of many businesses and carrier terminals, to the border, cargo will be loaded and trucks will have to wait to move to the border.  Idle assets (trucks) will add costs that the transportation industry will be forced to pass on to importers and exporters.

Transition proposals - CBP is proposing a gradual transition from the reliance on the paper based BRASS release system to a fully electronic version of BRASS planned in the new automated truck manifest system that is due out in 2004 as part of CBP's new automated system ACE. CBP states it will not propose making any changes to the method in which the current paper based BRASS operates.  A gradual reduction in the parties eligible to utilize the existing paper based BRASS system is planned.  In addition, CBP will incorporate voluntary program requirements such as FAST driver registration and C-TPAT participation.

For in-bond shipments transiting the U.S. that arrive by truck, as an interim measure, CBP states that it will also make use of those systems that are currently available, in particular CAFES.  Alternatively, carriers or their agents may use ABI to transmit in-bond information for shipments arriving by truck.

With respect to electronic filing, CBP is proposing that cargo information be filed electronically for truck cargo that would arrive at a U.S. port of entry 90 days from the date that CBP has published a notice in the Federal Register informing carriers that:

1) the approved data interchange is in place and fully operational at that port, and

2) the carrier must commence the presentation of the required advance cargo information through the approved system.

Who may participate. Under the proposed pre-notification program, the incoming truck carrier would be obliged to submit all essential information to CBP within the designated time period.  However, the U.S. importer, or its Customs broker, if electing to do so, could instead timely file with CBP any required commodity and other data that is possessed in relation to the cargo.  This essentially means that until carriers are given the ability to transmit the data in the upcoming automated truck manifest system, the carriers will have to submit the cargo information to the brokers at the border so they can transmit the appropriate data through the automated release systems that are currently being utilized.