U.S. Customs and Border Protection is accepting comments through April 13 on a proposed rule that would require the advance submission of export manifest data electronically in the Automated Commercial Environment for cargo transported by vessel. The proposed rule identifies and clarifies the responsibilities of different parties to transmit information, describes the time frames for transmission of information prior to cargo loading or conveyance departure, identifies enforcement actions available as well as the consequences of default, and limits post-departure filing for cargo transported by vessel.
Initial Filing
The following data elements would have to be included in a mandatory initial filing required no later than 24 hours prior to cargo loading on the outbound conveyance.
- bill of lading number
- numbers and quantities of the cargo as contained in the carrier's bill of lading
- total cargo weight
- precise cargo description (or the HTSUS number(s) to the six-digit level under which the cargo is classified if that information is received from the shipper) or, for a sealed container, the shipper’s declared description (generic descriptions such as “freight all kinds” would not be acceptable)
- shipper’s complete name and address, or identification number, from the bill(s) of lading (for each house bill in a consolidated shipment)
- complete name and address, or identification number, of the consignee from the bill(s) of lading
- estimated scheduled departure date and departure port
- AES internal transaction number or AES exemption statement (per shipment)
Other Data
EEM data other than the initial filing (i.e., export manifest transportation data, export manifest cargo data, and any data related to empty containers) would have to be transmitted no later than two hours prior to loading of the cargo (or container) on the vessel in anticipation of departure to a foreign port, either directly or via other domestic ports.
Transportation data
Mandatory transportation data would include mode of transportation, vessel country code and name, voyage number, ports of departure and unlading, date of departure, bill of lading type, vessel code and carrier SCAC code, container information, load status, and place the carrier took possession of the goods or the empty container.
Seal number(s) would have to be provided for all seals affixed to containers to the extent that CBP can accept this information.
Optional transportation data (to be submitted at the filer’s discretion) include marks and numbers, number of house bills of lading, and/or country of ultimate destination.
Cargo data
Mandatory cargo data to be required in all circumstances would include shipper name and address, consignee name and address, port of lading, bill of lading types and numbers, and cargo description.
Cargo data that would be required when applicable include in-bond number and type or in-bond house bill number, Mexican pedimento (for cargo exported to Mexico), notify party name and address, Chemical Abstract Service registry number, additional party details, and six-character hazmat code.
Optional cargo data would include secondary notify party SCAC and vehicle identification number.
Post-Departure Filing
Post-departure filing of EEM data would only be permitted for shipments to or from Puerto Rico.
Filing Parties
The export manifest transportation data and any empty container data would always and only be required of the outbound vessel carrier. The initial filing and/or the export manifest cargo data could be provided by any eligible party with direct knowledge of that information; e.g., non-vessel-operating common carriers, customs brokers, freight forwarders, or Automated Broker Interface filers. The U.S. principal party in interest or the foreign PPI, or its authorized filing agent, would be responsible for the transmission of electronic export information.
Bonds
Any party transmitting any of the advance vessel and cargo departure information would be required to possess the appropriate bond containing all the necessary provisions of 19 CFR 113.62 (basic importation and entry bond), 19 CFR 113.63 (basic custodial bond), or 19 CFR 113.64 (international carrier bond).
Holds
The proposed rule provides for two types of holds that may be issued after a risk assessment of an EEM data transmission: a 2H documentation hold (if an assessment cannot be conducted due to non-descriptive, inaccurate, or insufficient data) or a 1H enforcement hold (if a potential high-risk cargo or container is identified and warrants further examination).
CBP anticipates that when export manifest data is provided within the required deadlines there would be very few instances when it issues a hold after cargo is loaded onto the vessel. However, if such a hold is issued the vessel may not depart or transport that cargo or container until the responsible party resolves all holds or the cargo is unloaded from the vessel.
Penalties
Any party that violates the proposed data transmission requirements would be subject to liquidated damages of $5,000 for each violation and up to a maximum of $100,000 per departure.
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