U.S. Customs and Border Protection states that vessels arriving with cargo intended for unlading at ports impacted by port workers’ strike scheduled to begin Oct. 1 at East Coast and Gulf Coast ports may need to consider alternative routing. According to CBP, reporting of vessel arrival, vessel entry, and manifest updates (such as updating the port of unlading, associated entries, and in-bond movement, if applicable) will continue to be required of vessels arriving at impacted ports. In addition, all other applicable legal requirements, such as those under the Jones Act, will continue to be in effect.
Vessel Arrival and Entry
CBP states that any vessel arriving from a foreign port or place, any foreign vessel from a U.S. port or place, any U.S. vessel carrying foreign merchandise on board that has not yet been entered, and any vessel that has visited a hovering vessel or received merchandise while outside the territorial sea is required to report its arrival to the nearest CBP facility or any other location designated by the port director. For vessels arriving at impacted ports, CBP may permit entry of vessels to be made at locations outside of port limits upon request. CBP will continue to follow the current normal vessel entry and clearance procedures for both VECS and paper to record a vessel’s actual arrival time. CBP will review compliance with respect to other regulatory requirements that arise upon the arrival of a vessel on a case-by-case basis.
Cargo Entry
According to CBP, the requisite entry documentation may be submitted before the cargo arrives within the port limits of an intended port of entry. Parties submitting entry documentation without an entry summary may request a time of entry as described in the CBP regulations; otherwise, the time of entry will be the time the appropriate CBP officer authorizes the release of the merchandise or any part of thereof covered by the entry documentation. According to CBP, when the entry documentation is filed in proper form without an entry summary the time of entry will be:
- the time the appropriate CBP officer authorizes the release of the merchandise or any part thereof covered by the entry documentation; or
- the time the entry documentation is filed, if requested by the importer on the entry documentation at the time of filing, and the merchandise already has arrived within the port limits; or
- the time the merchandise arrives within the port limits, if the entry documentation is submitted before arrival, and if requested by the importer on the entry documentation at the time of submission
If an entry summary is filed that serves as both the entry and summary documentation, the time of entry will be the date a complete filing is submitted with estimated duties attached. However, no entry or entry summary will be considered filed until the merchandise has arrived within port limits with intent to unlade.
CBP states that all cargo unladed from vessels arriving at impacted ports remains subject to the requirement of being entered within 15 calendar days after landing from a vessel, aircraft or vehicle, or after arrival at the port of destination in the case of merchandise transported in-bond. Therefore, imported merchandise should not remain at the wharf, pier, or other place of unlading for more than 15 calendar days after its landing; or, if transferred from the arriving carrier to any party under a CBP-authorized permit to transfer or in-bond entry, the merchandise should not remain in the custody of that party more than 15 calendar days after its receipt under a CBP-authorized permit to transfer or more than 15 calendar days after its arrival at the port of destination.
Parties making entry must ensure that they update ACE to reflect a change in the port of entry as may be necessary. Failure to transmit the requisite data in sequential order may result in a port of entry mismatch between the Cargo Release and Entry Summary data.
For exported cargo, carriers are allowed to submit export manifests post-departure. Carriers are required to submit their export documents, either CBP Form 1302A or the electronic export manifest, from any updated port of departure. Electronic export information submissions are also required to be updated to reflect any changes to the port or date of exportation.
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