U.S. Customs and Border Protection has issued a final rule that, effective Oct. 26, will require the advance submission of electronic manifests in the Automated Commercial Environment’s Electronic Export Manifest system for all rail cargo exports.
Currently, CBP regulations require a U.S. principal party in interest, the USPPI’s agent, or the authorized filing agent of a foreign PPI to transmit electronic export information through ACE. However, EEI is generally only required on shipments that exceed $2,500 per Schedule B number and is generally not required for shipments to Canada.
Asserting that these limitations inhibit its enforcement efforts, CBP states that this rule “closes the gap” by creating “an integrated pre-departure electronic export manifest which includes receiving advance information for risk assessment purposes from the source most likely to have correct information about the cargo,” thereby aligning with existing rail cargo import regulations.
Specifically, this rule mandates the transmission of EEM data, in addition to required EEI data, for all rail cargo prior to departing the U.S. for Canada or Mexico. The data elements are largely the same mandatory, conditional, and optional data elements included in the rail EEM test CBP has been conducting since 2015. Most will have to be submitted two hours prior to departure of the train from the U.S. port of export, but the rule adds an initial filing of seven data elements to be presented no later than 24 hours prior to such departure: (1) bill of lading number, total cargo numbers and quantities, total cargo weight, precise cargo description, shipper name and address, consignee name and address, and employer identification number, importer record number, or CBP-assigned number, and (2) Automated Export System internal transaction number or Foreign Trade Regulations exemption/exclusion code (conditional).
The outbound carrier will be responsible for transmitting the transportation data and empty container data and, if no other party elects to transmit it, the initial filing data and cargo data. Other parties with direct knowledge of the export information may also file initial filing data or export manifest cargo data, including USPPIs and FPPIs or their authorized agents, customs brokers, non-vessel-operating common carriers, freight forwarders, and Automated Broker Interface filers. The final rule clarifies that the transmission of EEM data for purposes of complying with these requirements does not constitute customs business.
In addition, the party transmitting EEM data to CBP must have an appropriate bond on file that contains the condition to transmit advance export information in the required manner. However, CBP will not begin enforcing this rule until Aug. 26, 2027, to give parties time to obtain such a bond, either by terminating and replacing an existing continuous bond or by obtaining a new continuous or single transaction bond. The rule gives CBP the authority to impose liquidated damages on parties that do not provide the mandatory EEM data in the manner and timeframe required.
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