- What is it?
- In order to increase the knowledge of the types of cargo entering
U.S. ports, U.S. Customs has implemented a requirement that all cargo
intended for transport to the U.S. must be declared at least 24
hours before the cargo is laden aboard a vessel at a foreign port.
The regulations are contained in 19 CFR Parts 4, 113, and 178.
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What is the purpose?
- The information gathered through this rule is required in order
to evaluate the risk of smuggling Weapons of Mass Destruction through
the use of ocean vessels and oceangoing cargo containers. U.S. Customs
will use this information to prioritize the boarding of vessels upon
arrival in U.S. ports. At the same time, the data will enable Customs
to facilitate the prompt release of legitimate cargo following its
arrival in the U.S.
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What is the enforcement date?
- The requirement went into effect on December 2, 2002 and was followed
by a 60 day non-enforcement period. Thus the enforcement date for
the new regulations is February 2, 2003. Any vessel beginning a voyage
on or after February 2, 2003 must comply with the 24 hour advanced
manifest rule, or be subject to fines and possible delays.
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- Who must comply?
- The regulations affect all Ocean Carrier Services as well as NVOCCs
(except certain bulk carriers described below).
Container Carrier Services:
- All container carriers must submit cargo declarations 24 hours
before loading cargo at each foreign port
- This includes FROB (cargo that is loaded in a foreign port and
which is to be unloaded in another foreign port with an intervening
vessel stop at one or more US ports)
- Carriers must submit final Cargo manifest information to U.S. Customs
in accordance with the 48 hour Advance Manifest Rule.
Break Bulk Carrier Services:
- Break Bulk is cargo that is not containerized, but which is otherwise
packaged or bundled
- Break Bulk Carrier services may apply for an exemption
Non-Vessel Operating Common Carriers (NVOCC):
- NVOCC’s may give cargo information to Container Carriers for inclusion
in the vessel declaration as long as that information can be included
in time for the 24 hour rule
- NVOCC’s must apply and acquire a type 3 International Common Carriers
Bond
- NVOCC’s must submit cargo declarations electronically, via a service
provider, or through port authorities, or become an AMS certified
electronic carrier
- Are any carriers exempt?
- Bulk Carrier Services are exempt. This includes vessels carrying
cargo stowed in bulk, i.e. loose in the hold and not enclosed in any
container such as boxes, bales, bags and casks. This includes such
cargo as: Oil, Grain, Coal and Ore. Exempt carriers must still comply
with existing 24 hour pre-arrival reporting requirements.
What are the reporting requirements?
- Manifests encouraged to be filed electronically
- Manifest information must be in English
- Last foreign port vessel departs
- Foreign port where specific cargo is laden
- SCAC (Standard Carrier Alpha Code)
- Carrier assigned voyage number
- Scheduled date to arrive at the first U.S. port
- Piece count of cargo at the lowest external packaging
- Complete description of goods or six-digit HTS (Harmonized Tariff
Schedule) number
- Weight of the cargo
- Shippers complete name and address
- Consignee’s complete name and address
- Vessel’s name, official number and country of documentation
- Container numbers and the seal number for all affixed seals
- Internationally recognized Hazardous Material (HAZMAT) codes
- FROB cargo
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