Enforcement Guidelines for Advance Electronic Filing of Cargo Information for Truck Operations for the Trade Act of 2002

U.S. Customs and Border Protection have issued a slight delay in the full implementation of their Nov 15^th rules for mandatory electronic pre-arrival filing, including the PAPS and FAST requirements.  (Warnings and possible delays (in order to issue warnings) will commence on Nov. 15th).  The full schedule (and penalty guidelines for violations) is contained in the attachment.

For our primary ports of entry including Buffalo, Lewiston, Detroit and Port Huron, full implementation basically boils down to the following schedule.

In-Bond Shipments – Full Enforcement (with penalties) starts on December 1, 2004.

PAPS – Full Enforcement (with penalties) starts on December 15, 2004.

BRASS (Line Release requiring the driver to be a FAST certified driver) – Full Enforcement (with penalties) starts on January 31, 2005.

Full enforcement in Champlain, NY is delayed approximately 30 days later from the above dates.  A few other ports are delayed 60 days from the above dates.  For the full schedule please see the attached notice from U.S. Customs and Border Protection.

On August 17, 2004, CBP published a notice in the Federal Register to advise the public when CBP must begin to receive the required cargo information in an electronic format for cargo brought into the United States by truck.  CBP established three compliance dates (November 15, 2004; December 15, 2004 and January 14, 2005), based on the location of the port where the cargo first arrives into the United States (see attachment):

Beginning on the dates established in the above schedule, CBP will “phase in” the following procedures in each port for any truck that arrives in the United States which is required to transmit information electronically to CBP.  There will be three phases, each phase focusing on one of the following three areas: 1. IN-BOND, which includes Customs Automated Forms Entry System (CAFES) and ABI in-bond format (QP/WQ); 2. Pre-Arrival Processing System (PAPS) and; 3. Border Release Advance Screening and Selectivity (BRASS).  The implementation schedule is as follows:

To ensure uniformity in the application of these regulations, CBP will adopt the following procedures at all ports beginning on the dates established in this schedule.

Phase 1 (In-Bond)

For any truck arriving with in-bond shipments (QP/WP and CAFES) that have not been transmitted electronically to CBP, the following guidelines will be implemented:

Part 1: Ports will issue a Notice of Noncompliance.  This notice will supercede the notice currently being issued. 

Part 2: A penalty will be issued, with the following guidelines:  The importer of record would be assessed liquidated damages pursuant to 19 CFR 113.62(j)(2).  A single penalty may be assessed against the person in charge of the truck (the driver in care of the carrier) under 19 USC 1436, or a single claim for liquidated damages under 19 CFR 113.62(j)(2) may be assessed against the importer of record.  The amount of the penalty/liquidated damage will be as follows: Carriers will be assessed $5,000 first time violation, $10,000 for subsequent violations against same driver.  Importers of Record will be assessed $5,000 for first and subsequent violations. 

Part 3: According to the dates reflected in Phase 1 (in-bond), entry will be denied for any truck arriving at the border that is non-compliant.  A penalty/liquidated damage will also be issued as appropriate.

Phase 2 (PAPS)

For any truck arriving with a PAPS entry that was not electronically received by CBP, the following guidelines will be implemented:

Part 1: Ports will issue a Notice of Noncompliance (Attachment 2 for PAPS).  This notice will supercede the notice currently being issued.  Each port is also directed to place this notice in all broker boxes.

Part 2: A penalty will be issued, with the following guidelines:  The importer of record would be assessed liquidated damages pursuant to 19 CFR 113.62(j)(2).  A single penalty may be assessed against the person in charge of the truck (the driver in care of the carrier) under 19 USC 1436, or a single claim for liquidated damages under 19 CFR 113.62(j)(2) may be assessed against the importer of record.  The amount of the penalty/liquidated damage will be as follows: Carriers will be assessed $5,000 first time violation, $10,000 for subsequent violations against same driver.  Importers of Record will be assessed $5,000 for first and subsequent violations.  

Part 3: According to the dates reflected in Phase 2 (PAPS), entry will be denied for any truck arriving at the border that is non-compliant.  A penalty/liquidated damage will also be issued as appropriate.

Phase 3 (BRASS)

For BRASS entries where the driver does not present a valid FAST card, the following guidelines will be implemented:

Part 1: CBP recognizes that a backlog exists for FAST card applications. Subsequently, CBP is allowing enough time to elapse prior to initiating enforcement actions. Ports will issue a Notice of Noncompliance for BRASS).  This notice will supercede the notice currently being issued.  Each port is also directed to place this notice in all broker boxes.

Part 2: According to the dates reflected in Phase 3 (BRASS), entry will be denied for any truck arriving at the border that is non-compliant.

Each subsequent phase will continue to enforce the elements of the preceding phases(s). 

GROUP 1:

Effective November 15, 2004, truck carriers must commence the advance electronic transmission to CBP of required cargo information for inbound cargo at the following 40 ports of entry.

(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);

(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).

GROUP 2:

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 43 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).

GROUP 3:

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 16 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).

http://www.cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/fast/us_canada/cd_program/