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USA - FREQUENTLY ASKED QUESTIONS

TRADE ACT OF 2002 - RAIL
Revised July 8, 2004

Customs and Border Protection (CBP) has received numerous questions concerning the Trade Act of 2002 of which a final rule was established on December 5, 2003 (68 FR 68140). The final rule provides for advance manifest regulations for all modes of transportation both in and out of the United States. CBP has provided our response, for now, of the most frequently asked questions. CBP is hopeful that this document will assist the trade community in understanding the expectations of CBP concerning the advance manifest rules for rail operations. Should you have additional questions that are not included in this document please feel free to write to Manifest.Branch@dhs.gov. CBP will continue to update this list, adding questions and answers. Please continue to monitor this document for changes and updates.

1. Enforcement Date:

A) What will be CBP's enforcement / implementation strategy?

A total of thirty-one (31) ports of entry will be affected by the implementation of the Trade Act. The enforcement strategy is divided into three groups and each group will have two separate enforcement phases.

Group A

Effective July 12, 2004, the following twenty-four ports of entry will be operational and will require rail carriers to transmit to CBP the required electronic rail manifest information two hours in advance of the scheduled arrival of the conveyance to its designated U.S. port of entry/rail crossing:

Port Name / Port Code / Field Office
Buffalo, NY / 0901 / Buffalo
Detroit, MI / 3801 / Detroit
Richford, VT / 0203 / Boston
Ft. Covington / Trout River, NY/ 0715 / Buffalo
Norton, VT / 0211 / Boston
Highgate Springs, VT / 0212 / Boston
Champlain-Rouses Point, NY / 0712 / Buffalo
Brownsville, TX / 2301 / Laredo
Eagle Pass, TX / 2303 / Laredo
Laredo, TX / 2304 / Laredo
El Paso, TX / 2402 / El Paso
Calexico, CA / 2503 / San Diego
Nogales, AZ / 2604 / Tucson
Blaine, WA / 3004 / Seattle
Sumas, WA / 3009 / Seattle
Eastport, ID / 3302 / Seattle
Sweetgrass, MT / 3310 / Seattle
Noyes, MN / 3402 / Seattle
Portal, ND / 3403 / Seattle
Frontier / Boundary, WA / 3015 / Seattle
Laurier, WA / 3016 / Seattle
International Falls, MN / 3604 / Seattle
Port Huron, MI / 3802 / Detroit
Sault Ste. Marie, MI / 3803 / Detroit

Phase I

From July 12, 2004 through August 10, 2004 (30-days):

� All rail carriers servicing the twenty-four ports of entry mentioned in Group A must provide the required manifest information two hours prior to the conveyance's arrival to the U.S.
� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.
� CBP will issue an informed compliance letter to the rail carrier, informing the participant of deficiencies in any of the following areas (egregious violations):

- Timeliness
- Precise cargo description
- Missing or invalid shipper information
- Missing or invalid consignee information
- Conveyance name, equipment and trip number

Phase II

Beginning on August 11, 2004, all rail carriers servicing the twenty-four ports of entry mentioned in Group A, must provide the required manifest information two hours prior to the conveyance's arrival to the U.S. and be in full compliance with all requirements set forth by the Final Rule of the 2002 Trade Act.

� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.
� On this date, all CBP ports will be authorized to issue monetary penalties. A penalty of $5,000 for the first violation and $10,000 for any subsequent violation will be assessed.

Group B

Effective August 10, 2004 , the following four ports of entry will be operational and will require rail carriers to transmit to CBP the required electronic rail manifest information two hours in advance of the scheduled arrival of the conveyance to its designated U.S. port of entry/rail crossing:

Port Name / Port Code / Field Office
Jackman, ME / 0104 / Boston
Van Buren, ME / 0108 / Boston
Vanceboro, ME / 0105 / Boston
Calais, ME / 0115 / Boston

Phase I

From August 10, 2004 through September 8, 2004 (30-days):

� All rail carriers servicing the four ports of entry mentioned in Group B must provide the required manifest information two hours prior to the conveyance's arrival to the U.S.
� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.
� CBP will issue an informed compliance letter to the rail carrier, informing the participant of deficiencies in any of the following areas (egregious violations):

- Timeliness
- Precise cargo description
- Missing or invalid shipper information
- Missing or invalid consignee information
- Conveyance name, equipment and trip number

Phase II

Beginning on September 9, 2004, all rail carriers servicing the four ports of entry mentioned in Group B must provide the required manifest information two hours prior to the conveyance's arrival to the U.S. and be in full compliance with all requirements set forth by the Final Rule of the 2002 Trade Act.

� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.
� On this date, all CBP ports will be authorized to issue monetary penalties. A penalty of $5,000 for the first violation and $10,000 for any subsequent violation will be assessed.

Group C

Effective September 9, 2004, the following three ports of entry will be operational and will require rail carriers to transmit to CBP the required electronic rail manifest information two hours in advance of the scheduled arrival of the conveyance to its designated U.S. port of entry/rail crossing:

Port Name / Port Code / Field Office
Tecate, CA / 2505 / San Diego
Otay Mesa, CA / 2506 / San Diego
Presidio, TX / 2403 / El Paso

Phase I

From September 9, 2004 through October 9, 2004 (30-days):

� All rail carriers servicing the three ports of entry mentioned in Group C must provide the required manifest information two hours prior to the conveyance's arrival to the U.S.
� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.
� CBP will issue an informed compliance letter to the rail carrier, informing the participant of deficiencies in any of the following areas (egregious violations):

- Timeliness
- Precise cargo description
- Missing or invalid shipper information
- Missing or invalid consignee information
- Conveyance name, equipment and trip number

Phase II

Beginning on October 10, 2004, all rail carriers servicing the three ports of entry mentioned in Group C must provide the required manifest information two hours prior to the conveyance's arrival to the U.S. and be in full compliance with all requirements set forth by the Final Rule of the 2002 Trade Act.

� Failure to submit the required information will result on the train being held until all manifest requirements are met and proper targeting and/or inspection of the train is completed.

� On this date, all CBP ports will be authorized to issue monetary penalties. A penalty of $5,000 for the first violation and $10,000 for any subsequent violation will be assessed.

2. Data Element � Seals

What should a carrier do if it receives a container from a shipper without a seal or discovers that the original seal has been broken or damaged?

Answer: The question raises implications for C-TPAT carrier participants and non-C-TPAT carriers. With regard to the former class of carriers, as stipulated in the Agreement to Voluntarily Participate in C-TPAT, carriers are expected to �ensure high security seals or locks are affixed on all loaded containers." C-TPAT members are expected to fulfill their agreements.

Concern has been expressed that carriers, as the recipients of most loaded containers, are often not in a position to ensure the secure sealing of those containers. While that may be true, the sealing of containers is an essential element of a secure supply chain and remains a critical part of a carrier�s commitment to C-TPAT. With respect to that commitment, the C-TPAT agreement for carriers reads, �The Carrier agrees to develop and implement, within a framework consistent with the listed recommendations, a verifiable, documented program to enhance security procedures throughout its supply chain process. Where the Carrier does not exercise control of a production facility, distribution entity, or process in the supply chain, the Carrier agrees to communicate the attached recommendations/guidelines to those entities.�

As noted above, even though a carrier may not �exercise control� over the sealing of containers, carriers that join C-TPAT are expected to promote effective security measures throughout the entire supply chain. That must include doing whatever a carrier can to ensure the sealing of all loaded containers and may require that the carrier work or negotiate with shippers, forwarders, and/or others to arrange for that sealing. Specifically, a C-TPAT carrier should consider the level of risk associated with an unsealed, mislabeled or tampered container and take appropriate security steps prior to the lading of that container. As discussed below, these steps could include applying a high security seal, requiring a shipper to verify the contents and add a seal, or refusing to lade the container. In addition, for those containers that are not sealed or the seal has been broken, a C-TPAT carrier should consider the container a vulnerability and work with the responsible parties (shippers/forwarders) to address that vulnerability for future shipments.

As CBP develops a C-TPAT agreement for foreign shippers (and enhances other agreements), CBP will, as appropriate, articulate the responsibility of other industry sectors for ensuring sealed containers.

Therefore, if the carrier receives a container where the seal has been tampered or the seal number does not match the shipping documents the carrier should notify CBP. This notification should happen as soon as the discrepancy is noted. If the discovery of the discrepancy is noted after receipt of the transmission of the bill of lading the carrier should notify CBP.

The lack of a seal or a damaged seal on a container will pose a level of risk. Several options for addressing this risk are available to both C TPAT and non-C TPAT carriers and their trading partners. The first option, listed below, represents the highest level of diligence and therefore poses the lowest risk from a targeting standpoint. In the event that a container is delivered to a carrier facility without a seal, the carrier can undertake any of the following options:

� The carrier could examine and verify the contents of the container and place a new seal on the container.
� The carrier could request that the shipper verify the contents of the container and place a seal on the container.
� The carrier could seal the container without verifying the contents.
� The carrier could refuse to load the container.
� The carrier could accept the container, but transmit information in AMS, which would indicate the status of the seal (no seal, tampered, or broken).

CBP will provide the capability in AMS to allow carriers/authorized transmitting parties to transmit information in seal data field that indicates no seal, tampered seal or broken seal.

3) AMS Acknowledgement of Receipt of Data Transmission

A) Can carriers expect to receive an acceptance message that confirms receipt of the manifest data?

Answer: After the carrier or authorized transmitting party submits the manifest data, CBP returns a bill on file message.

B) Can carriers amend a consist?

Answer: CBP must receive the complete train consist no later than two hours in advance of the conveyance's arrival to its designated U.S. port of entry/rail crossing. CBP understands that operationally, a rail carrier may
encounter a need to make amendments to an original train consist.
However, the train in question may be delayed for additional targeting or to
fulfill any unexpected security need as a result of such an amendment.

4) Data Element - Shipper and Consignee

The Trade Act requires that the railroad carrier provide the complete name and address for the shipper and consignee respectively. However, the master bill of lading possessed by the rail carrier contain only the name of a freight forwarder instead of the actual shipper and consignee; if so, the rail carrier would not know the identity of the actual shipper and consignee.

A) What is required for Master Bill of Lading shipper and consignee information for consolidated shipments?

Answer: Intermodal traffic where there is a multiple relationship between the ocean and rail carrier and where the ocean carrier is in possession of house bill information, the rail carrier must provide the principal shipper and consignee, at a master bill level. Intermodal traffic where the ocean carrier does not have any information on the actual shipper and consignee, the rail carrier must provide the Freight Forwarder or the NVOCC. CBP will not accept the ocean carrier as the actual shipper and consignee.

B) What is required for House Bill of Lading shipper and consignee information?

Answer: When CBP published the Final Rule for the Trade Act of 2002, it stated that programming changes must be made to Rail AMS in order to capture House Bill of Lading information. Presently, CBP is looking at ways to accomplish this. Additional information and CBP's Final Rule complete response to this particular issue can be found on the December 5, 2003 issue of the Federal Register, page 68155.

C) What information is required for a simple Bill transaction?

Answer: Rail traffic where there is a one to one relationship between the shipper and consignee, the rail carrier must provide the actual shipper and consignee information.

Other infomations

U.K - Personal Effects

GREECE - Import documents requirement

FRANCE - Import personal Effects

E-SERVICE � OUR JOB IS TO MAKE YOURS AS EASY AS POSSIBLE

IMPORTANCE ANNOUCEMENT FOR PERSONAL EFFECT

AUSTRALIA - AQIS Import Clearance Notice

CAMBODIA

ALGIERS - Consignee and commodities list are not accepted

INDONESIA - NEW IMPORT REGULATION

TUNISIA - Rule of Personal effects

VENEZUELA - Pre-inspection of import cargoes procedure