Slide1: Automated Commercial Environment (ACE) Overview and e-Manifest: Trucks
James Swanson, Chief, Cargo Release Branch, CBP
U.S. Customs and Border Protection Presents ACE Exchange Conference July 31, 2007 Brooklyn, New York
e-Manifest Policy Overview: e-Manifest Policy Overview
e-Manifest: Trucks Trade Act of 2002: e-Manifest: Trucks Trade Act of 2002 Section 343(a)(1)(A) of the Trade Act provides that "the Secretary is authorized to promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo."
Section 343(a)(1)(B) states that "the Secretary shall endeavor to promulgate an initial set of regulations under subparagraph (A) not later than October 1, 2003." Section 343 of the Trade Act
Mandatory Advanced Electronic Information for Cargo and Other Improved Customs Reporting Procedures
e-Manifest: Trucks Implementing Regulations:19 CFR 123.92: e-Manifest: Trucks Implementing Regulations:19 CFR 123.92 Section 123.92 was added to the regulations to implement the inbound truck cargo provisions
Section 123.92 provides that for any inbound truck (with commercial cargo aboard) required to report its arrival under section 123.1(b):
CBP must electronically receive certain information regarding that cargo through a CBP-approved electronic data interchange (EDI) system no later than 1 hour prior to the carrier’s reaching the first port of arrival in the United States.
For truck carriers arriving with shipments qualified for clearance under the FAST (Free and Secure Trade) program, section 123.92 provides that CBP must electronically receive such cargo information through the CBP-approved EDI system no later than 30 minutes prior to the carrier’s reaching the first port of arrival in the United States.
e-Manifest: Trucks Federal Register Notices : e-Manifest: Trucks Federal Register Notices Modification to data elements required for participation in e-Manifest: Trucks
70, FR 13514, published March 21, 2005
Ability of Truck Carriers To Use Third Parties To Submit Manifest Information in the ACE Test
71 FR 15756, published March 29, 2006
Ability of Third Parties to Submit Manifest Information on Behalf of Truck Carriers Via the ACE Secure Data Portal
72 FR 50, published March 15, 2007
Mandatory e-Manifest Filing Informed and Enforced Compliance Phases: Mandatory e-Manifest Filing Informed and Enforced Compliance Phases First Group: Arizona, Washington, & specific ports in N. Dakota
Federal Register Notice: October 27, 2006
Phase 1 January 25, 2007
Phase 2 April 26, 2007
Phase 3 May 26, 2007
Second Group: California, Texas, and New Mexico
Federal Register Notice: January 19, 2007
Phase 1 April 19, 2007
Phase 2 June 19, 2007
Phase 3 July 19, 2007
Mandatory e-Manifest Filing Informed and Enforced Compliance Phases: Mandatory e-Manifest Filing Informed and Enforced Compliance Phases Third Group: Michigan and New York
Federal Register Notice: February 23, 2007
Phase 1 May 24, 2007
Phase 2 July 23, 2007
Phase 3 August 22, 2007
Fourth Group: Vermont, North Dakota, and New Hampshire
Federal Register Notice: April 13, 2007
Phase 1 July 12, 2007
Phase 2 September 12, 2007
Phase 3 October 12, 2007
Mandatory e-Manifest Filing Informed and Enforced Compliance Phases: Mandatory e-Manifest Filing Informed and Enforced Compliance Phases Fifth Group: Idaho and Montana
Federal Register Notice: May 8, 2007
Phase 1 August 6, 2007
Phase 2 October 5, 2007
Phase 3 November 5, 2007
Sixth Group: Maine and Minnesota
Federal Register Notice: July 18, 2007
Phase 1 October 16, 2007
Phase 2 December 16, 2007
Phase 3 January 16, 2008
ACE e-Manifest/Trade Act Enforcement Plan : ACE e-Manifest/Trade Act Enforcement Plan Enforcement discretion will take place in the following phases:
Phase 1 – CBP will begin to exercise enforcement discretion in the form of informed compliance for at least 60 days. That period may be extended based on system performance issues and operational readiness. During this period CBP officers working in primary lanes will be handing out an informed compliance notice to the driver of any conveyance that fails to meet the e-Manifest requirement.
Phase 2 – CBP will deny a permit to proceed into the U.S. to any carrier required to submit an e-Manifest which arrives without submitting or attempting to submit an e-Manifest. CBP officers may accept the ACE e-Manifest cover sheet as initial proof of this attempt. Validation of e-Manifest participation should ideally take place in a secondary inspection environment.
ACE e-Manifest/Trade Act Enforcement Plan : ACE e-Manifest/Trade Act Enforcement Plan Phase 3: Continuing as ongoing Trade Act enforcement, CBP will deny a permit to proceed into the U.S. for any truck required to submit an e-Manifest that arrives at one of the ports covered under this memorandum without first successfully transmitting an e-Manifest for that trip. For egregious violations, a monetary penalty ($5,000 for the first offence and $10,000 for subsequent offences), may be issued to the driver in care of the carrier under 19 USC 1436. Egregious violators are defined as those carriers that make no attempt to comply with the requirements.
Additional Phases: Once CBP achieves substantial compliance with the requirements to file manifests, additional phases will be announced for enforcement of other Trade Act elements including timeliness of submission, accuracy of data and completeness of manifests.
Mandatory e-Manifest Exemptions : Mandatory e-Manifest Exemptions Domestic cargo transported by truck and arriving at one port from another in the U.S. after transiting Canada or Mexico
Certain informal entries including:
Merchandise which may be informally entered on Customs Form (CF) 368 or 368A (cash collection or receipt)
Merchandise unconditionally or conditionally free, not exceeding $2000 in value, eligible for entry on CF 7523
Products of the U.S. being returned, for which entry is prescribed on CF 3311 (U.S. goods returned)
Mandatory e-Manifest Exceptions: Mandatory e-Manifest Exceptions The following shipment types are not specifically exempted by the regulation but use of e-Manifest is not currently required for:
Merchandise that is subject to the provisions of 19 United States Code (U.S.C) 1321 (Section 321 releases);
Empty trucks and truck cabs;
Shipments consisting solely of Instruments of International Traffic eligible for release under 19 Code of Federal Regulations (C.F.R) 10.41 (a).
Mandatory e-Manifest Exceptions (continued): Mandatory e-Manifest Exceptions (continued) International mail shipments being shipped by a contract carrier from a foreign postal service to the US Postal Service
Carnets
A delivery ticket for movement to a CBP bonded warehouse or a CBP 214 admitting merchandise to a Foreign Trade Zone
All other shipments are required to provide advance electronic cargo information via an e-Manifest, including personal effects using CF 3299
NOTE: If one shipment on board falls under e-Manifest requirements, then all shipments with available “Shipment Release Types” must be reported on the manifest, including section 321's
e-Manifest and Shipment Release Types: e-Manifest and Shipment Release Types
e-Manifest: Trucks Process Overview: e-Manifest: Trucks Process Overview Importer/Broker Entry/Entry Summary e-Release A B I ( v i a A C S ) Carrier Manifest W e b P o r t a l / E D I Commodity Trip Conveyance Crew Equipment Shipments
Components of an e-Manifest: Components of an e-Manifest Trip
Conveyance
Crew (s)
Passenger (s)
Equipment (s)
Shipment (s) – PAPS
Shipment (s) – Border Cargo Selectivity (BCS)
Shipment (s) – BRASS
Shipment (s) – Section 321
Shipment (s) – In-Bond
Manifest Data elements FRN 9/13/04: Manifest Data elements FRN 9/13/04 Trip Information
Trip Number
Carrier identification (SCAC code)
Mode of Transportation
Conveyance
Conveyance Type
Conveyance State/province of registration
Conveyance Number
Vehicle Identification Number
License plate number and state of issuance
Department of Transportation number (DOT)
Crew
Name
Commercial drivers license number
Commercial drivers license state of issuance
Travel document number
Travel document country of issuance
Travel document state of issuance
Travel document type
Physical address in U.S. where crew will be
Gender
Nationality/citizenship
Hazmat endorsement Passengers
Names
Date of Birth
Travel Document
Gender
Nationality
Equipment
Equipment number
Seal numbers (optional except for FAST)
License plate number
State of registration
Shipment
Shipment Control Number
(PAPS, Master Bill of Lading, Pro-Bill, Entry + SCAC)
Foreign location where the carrier takes possession
Scheduled date and time of arrival at the first U.S. port
Number and quantities of cargo
“lowest external packaging unit”
Weight of the cargo
Shipper complete name and address
Consignee complete name and address
Description of the cargo
Manifest Data elements FRN 9/13/04 (continued): Manifest Data elements FRN 9/13/04 (continued) Conditional data elements
Hazardous endorsement for crew
Names of all passengers
Date of birth of each passenger
Travel document for each passenger
Gender of each passenger
Nationality of each passenger
Import/export/in-transit
Conveyance country of registration
Conveyance insurance company name
Conveyance insurance policy number
Year of issuance
Insurance amount
Transponder number
Shipment release type
Equipment Type
Equipment country of registration
Conveyance or equipment IIT indicator Estimated date of U.S. Departure (T&E I.E.)
In-bond destination
Onward carriers (SCAC code)
Foreign port of unloading
Paperless in-bond number
In-bond CF-7512 number
Bonded carrier ID number
Transfer carrier
Transfer destination firms code
Hazmat contact
FDA freight indicator
Country of origin of the cargo
Value
Entry type code
Marks and numbers.
Place of receipt
Service type
Other party listed on bill of lading
C-4 code
Shipment identifier
Shipment Release Types: Shipment Release Types Shipment release types:
Pre Arrival Processing System (PAPS)
Border Release Advanced Screening and Selectivity (BRASS)
Section 321 release of merchandise under $200
Pre-filed In-bond from manifest, electronic in-bond (QP/WP)
General Head Note 1 Exemptions
Goods Astray
Customs and Border Protection Form 7523: Free of Duty
CBP Form-3299:Declaration for Entry Unaccompanied Articles
CBP Form-3311:Declaration for Entry of Returned American Goods
Shipment declarations, FAST NCAP and CBP Form 4455: Shipment declarations, FAST NCAP and CBP Form 4455 Declarations
Instruments of International Traffic
Hazardous Materials
Free and Secure Trade (FAST-NCAP)
CBP Form 4455 Certificate of Registration is used as support not as an entry declaration.
Broker and Carrier Communications: Broker and Carrier Communications It is imperative that brokers and carriers communicate in order to coordinate the entry and manifest
A Customs entry must properly reference the corresponding manifest shipment record or records
What is called a Shipment Control Number (SCN) on the manifest must correspond with the Customs entry master bill of lading
On the northern border, this number is usually the carrier’s Standard Alpha Carrier Code (SCAC) plus the pro-bill number
On the southern border, this number is usually the carrier’s SCAC plus the Customs entry number. This must include the broker’s filer code
Today this number is often referred to as the PAPS number
This number must be unique, must start with a valid SCAC, and must be the same between entry declaration and the manifest shipment declaration
Important Data Elements and Processes: Important Data Elements and Processes Bill Control Number – Should not be used, leave this data element blank
Piece Count – Entry and manifest piece count must match
Weight – To be reported in pounds or kilograms
Description of Cargo – Cannot be “Freight of all Kind.” Must be specific, detailed description
Consolidated Entries – One entry can reference multiple Shipment Control Numbers
Broker Download – Message can be sent before or at time of manifest submission
e-Release: BRASS: e-Release: BRASS C-4 code numbers are entered by the carrier into the e-Manifest shipment record
BRASS bar codes are not needed
At the time of release, entry number will be assigned
No Documents will be printed and returned to importer
Entry number sent to broker via ACS/ABI
Important:
BRASS carriers must communicate and coordinate with entry filers.
Cover Sheet: Cover Sheet The following must be clearly noted on the cover sheet:
ACE Electronic Manifest
Trip number:
Standard Carrier Alpha Code (SCAC) + unique identification # for trip.
This should be clearly labeled as “trip number” and must be in text.
Note: this is not the shipment control number or Pre-Arrival Processing System (PAPS) number
Driver’s Name
Truck (Tractor) License Plate: Must be the one that is transmitted to CBP
In addition, the following data elements may be added in smaller letters (12 point type maximum):
Shipment Control Number (SCN): (PAPS or other shipment ID)
Shipment Description for each SCN
DO NOT ATTACH PAPS BARCODES TO THE COVER SHEET
Cover Sheet with a In-bond Shipment : Cover Sheet with a In-bond Shipment U. S. Customs and Border Protection (CBP) Form 7512 Update
On November 20, 2006, CBP announced the following:
“Effective immediately, carriers who elect to use ACE to transmit in-bond movements to CBP will not be required to provide a CBP Form 7512 at the time of arrival into the United States or upon arrival at the destination port. Carriers who elect not to present a CBP Form 7512, will be required to provide the existing e-Manifest cover sheet, outlined in the memorandum, Uniform Guidance for Presentation of Manifests to CBP Officers for ACE Electronic Truck Manifest, which will include the following information:
Trip number (required for all trips)
Tractor plate that was transmitted to CBP (required for all trips)
Drivers Name (required for all trips)
In-bond Cover Sheet (continued): In-bond Cover Sheet (continued) Shipment control number (optional but highly recommended)
Shipment description (required for in-bond shipments, optional for all others)
In-Bond number (required only for in-bond shipments)
Quantity and weight (required only for in-bond shipments)
In-bond shipments that are electronically transmitted to CBP via ACE e-Manifest will be considered to be paperless (such as electronic “V” in-bonds). Carriers who transmit in bond shipments to CBP through ACE e-Manifest will be required to electronically transmit all subsequent in-bond postings, including arriving and exporting at the destination port. The cover sheet may be provided to CBP at any location to act as identification of the in-bond shipment if requested.”
Sample Cover Sheets: Sample Cover Sheets With In-bond Shipment Without In-bond Shipment
In-bond: In-bond In-Bond types supported
61 – Immediate Transportation (I.T.)
62 – Transportation and Exportation (T&E)
63 – Immediate Exportation (I.E.)
In-Bond capability supported
In-Bond request and authorization
In-Bond arrival
Method of data transmission
e-Manifest: Trucks (Release 4)
Electronic In-Bond via the Automated Broker Interface (QP/WP)
In-bond QP/WP creates an unassociated shipment in a carrier’s account
Truck Safety Inspections: Truck Safety Inspections The e-Manifest will be used by ACE to screen carriers for truck
safety issues
The ACE truck safety check will interface with FMCSA databases
to determine the compliance level of carriers, drivers and
conveyances (trucks). These are the same databases utilized
by Federal and State truck safety inspectors
Delays will be minimized because checks will be performed prior
to arrival at the intended port of entry
Carriers and brokers will benefit from ACE’s pre-arrival notice of
truck safety related issues prior to arrival at a port of entry
Brokers will benefit from knowing that delays due to truck safety
inspections will be minimized because they have chosen to use
compliant carriers, drivers, and trucks
Truck Safety Inspections (continued): Truck Safety Inspections (continued) ACE will utilize key pieces of information from an e-Manifest to perform truck safety compliance checks on carriers, drivers, and conveyances (trucks)
These truck safety checks will include (but are not limited to) authority to operate in the U.S., commercial drivers license verification, and out-of-service orders for carrier, drivers and trucks
Some of the key pieces of e-Manifest information to be used in a truck safety check include the carrier’s DOT#, the driver’s commercial driver license number, and the trucks license plate number and license plate state of issuance
If a carrier is uncertain whether they need a DOT# or need information on how to obtain a DOT#, they should contact the FMCSA
e-Manifest Filing Options: e-Manifest Filing Options
Options for filing e-Manifests: Options for filing e-Manifests Filing e-Manifests via Electronic Data Interchange
Build an interface to ACE using Electronic Data Interface (EDI)
Have your dispatch software provider build an interface to ACE
Purchase or lease software that has established an interface to ACE
Hire a third party who uses their own software to interface with ACE
Filing e-Manifests via the ACE Secure Data Portal
Establish an ACE Secure Data Portal Account and file your own manifests
Hire a third party who has established an ACE Portal Account to file a manifest on your behalf
Portal Web Based Training (WBT): Portal Web Based Training (WBT) https://nemo.customs.gov/ace_online/ Login: user01 Password: 1Password
Points of Contact: Points of Contact Expanded coverage between 4:00 a.m. and midnight EDT, Monday through Friday, with six staffers during heaviest volume hours (8:00 a.m. - 4:00 p.m.) for carrier e-Manifest: Trucks support
Beginning in December 2006 the Account Services Desk will offer weekend coverage from 8:00 a.m. – Noon
Offers bilingual support for Spanish speakers
Users reach the Account Services Desk by calling the ACE Help Desk and selecting option 4 (application support), option 2 (ACE support), and option 1 (ACE support of CBP, trade, and ACE production)
ACE Help Desk – Provides technical assistance, responds to log-on issues, etc. Open 24-hours, 7 days a week, 703-921-6000 or 1-800-927-8729, option 4, option 2, option 1 or e-mail ACEHelpDesk@customs,treas.gov
ACE Secure Data Portal: ACE Secure Data Portal Fill out the ACE application
Applications can be found at www.cbp.gov/modernization
or by sending an e-mail to ACENow@dhs.gov
Fill out all required application fields on your computer
Print out the completed application
Return the ACE application to CBP
Mail the completed application to:
ACE Secure Data Portal – ACE Applications
U.S. Customs and Border Protection
Beauregard Building, Room A-314-3
7681 Boston Boulevard
Springfield, VA 22153
Third Party e-Manifest Filing: Third Party e-Manifest Filing Importers, Brokers, Carriers, and Other Entities
Brokers, carriers, importers and other third parties have been able to file manifests on the behalf of carriers via EDI since March of 2006 by utilizing or developing an EDI interface with the U.S. Customs and Border Protection ACE e-Manifest system
As of March 15, 2007, brokers, carriers, importers, and other entities who have established an ACE Secure Data Portal account have been able to file manifests on behalf of a carrier as a third party manifest submitter via the Portal
To request information on how to become an ACE portal account, send an e-mail to ACENow@dhs.gov or go directly to http://www.cbp.gov/xp/cgov/toolbox/about/modernization/ace_app_info/
Third Party e-Manifest Filing (continued): Third Party e-Manifest Filing (continued) Brokers and Importers who do not already have an assigned NMFTA SCAC will need to get a manifest preparer code. Please contact Dan Buchanan at daniel.buchanan@dhs.gov for this number
Please inform your CBP Account Manager that you will be adding a carrier view to your account
If you do not have an Account Manager, contact the Account Services Desk at 1-800-927-8729, Options 4, 2, 1
While on the Accounts Tab within the ACE Secure Data Portal and with your Top Account Name highlighted, select “Carrier” from the “View” drop down menu
Add the “SCAC” provided to you by CBP by clicking on the “Add” button in the ”Account List” portlet on the “Accounts” tab and by following the steps shown in the portlet
Importer and Broker ACE Portal Accounts without a National Motor Freight Traffic Association (NMFTA) issued SCAC should follow the steps listed below:
Third Party e-Manifest Filing (continued):
Carrier ACE Portal Accounts with an NMFTA issued SCAC
Current truck carrier ACE portal accounts who wish to transmit a manifest on behalf of another carrier are able to do so through their existing ACE portal accounts
No additional steps are necessary
Entities other than importers, brokers and carriers
Must obtain a Manifest Preparer Code from daniel.buchanan@dhs.gov
Follow the instructions for establishing an ACE portal account
Will have access to “Create a Standard Manifest for Another Carrier” only Third Party e-Manifest Filing (continued)
Questions and Feedback: Questions and Feedback For more information, visit “ACE: Modernization Information Systems”
at www.cbp.gov/modernization
or send an e-mail to: CBP.CSPO@dhs.gov