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January 14, 2003
Recent announcements by U.S. Customs Service officials, including Customs Commissioner
Robert Bonner, make it very clear that the Customs Service will begin
enforcement of the new 24-hour advance cargo declaration filing requirements
for vessel voyages beginning February 2.
Customs officials have also announced that they intend to use their authority to impose
monetary penalties for non-compliance, to instruct carriers not to load
noncompliant containers, and further, that they may use their authority to deny
carriers’ the ability to unload a noncompliant container when it arrives in a
U.S. port. The potential consequences for noncompliance with these new rules are obviously very substantial.
Accordingly, all affected carriers and their customers should plan for the regulations being enforced and for
business practices to comply with the requirements on February 2.
The Customs Service is still working to address a number of issues involved in the
implementation of these new rules. There are several areas that are very clear, however, and on which they
have stated they will insist on immediate compliance:
- No FAK, “said to contain”, or “consolidated shipment” cargo
descriptions will be permitted
- All information items on the cargo declaration forms must be
filled out accurately and completely
- Cargo declarations are to be filed 24 hours before vessel loading
- NVOCCs must file their cargo manifests either (1) by becoming Automated Manifest System
(AMS)
filers themselves and filing directly with Customs, (2) using an AMS third
party service provider, or (3) asking the ocean carrier to file their cargo
declarations.
Regarding AMS qualified NVOCCs,
the Customs Service is keeping a list on its website of those NVOCCs that are
certified to be AMS eligible. This should provide ocean carriers with a way to confirm whether an NVOCC is
eligible to file its own manifest.
NVOCCs and shippers should check
in advance with the ocean carriers they use regarding what operational and
information requirements the ocean carrier has established to ensure that it
can file the information as required and that the containers tendered are
compliant and do not encounter penalty actions.
Notwithstanding the fact that
concerns about the ability to comply with the new regulations are expected to
be expressed by various parties in the coming weeks, we strongly recommend that
all carriers, shippers and marine terminals handling U.S. destination cargo
operate with full recognition of the clear statements by the U.S. Customs
Service that there will be no extension of time beyond February 2 for
enforcement of the new requirements, and that penalties for noncompliance can
be substantial.
The World Shipping Council,
together with other trade interests, will continue to work with the Customs
Service to seek greater clarity and guidance on certain issues involved in the
implementation of the new rules, and has urged Customs not to penalize parties
who are trying in good faith to comply with the new rules for violations of
requirements that deserve further guidance from the agency – such as clearer
guidance regarding acceptable cargo descriptions, and manifest amendments. Customs has expressed a desire and
willingness to work with the industry in this regard. This does not imply, however, that carriers and shippers should
not plan on full compliance on February 2.
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