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Compania Sud Americana de Vapores S.A. (CSAV) - HEAD OFFICE (ID: 2160)
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shipping line worldwide, since 1872 we transport your shipments Schedules : Track : Contact Us Site Map Languages English Spanish Português Security Security Charges US Customer USA Public Tariff AES Direct Weight Limitations Manifest Rule Update U.S. Customs FAQ Email Schedules Enter your email address: Clear Submit Support Site FAQ Site Help Technical Information Port to Port Schedules 1- Origin Country 2 - Destination Country Vessel Position Vessel Position by Port CSAV News 25/10/2005 Sudamericana de Vapores wins the "Sofofa Prize for Outstanding Company" Sociedad de Fomento Fabril (Sofofa) (the Chilean manufacturers’ association) decided to award this year’s “Sofofa Prize for Outstanding Company 2005” to Compañía Sudamericana de Vapores S.A. (CSAV). 11/10/2005 Now… Less Transit Times in your Shipments to Asia CSAV, always thinking about giving a better service to its clients, has reduced the transit times of the Andex Service. 01/09/2005 USATLAN Service calls Port Everglades Looking towards our customers needs, USATLAN Service, that connects the East Coast of South America to East Coast of North America, started to call Port Everglades, instead Miami Port. Less Transit Times Andex Service CSAV, always thinking about giving a better service to its clients, has reduced the transit times of the Andex Service. Diseño gráfico por TTigroup.net shipping line worldwide, since 1872 we transport your shipments Itinerarios : Rastreo : Contáctenos Mapa Sitio Idiomas English Spanish Português Security Security Charges Clientes EE.UU. Tarifas Públicas AES Direct Restricciones de Peso Manifiesto de Carga Actualización FAQ (en Inglés) Itinerarios por Email Ingrese su email : Limpiar Enviar Soporte FAQ Ayuda Información Técnica Itinerarios Puerto a Puerto 1- País de Origen 2 - País de Destino Recalada por Nave Recalada por Puerto Noticias CSAV 25/10/2005 Sudamericana de Vapores gana el "Premio Sofofa Empresa Destacada" La Sociedad de Fomento Fabril (Sofofa) decidió conceder este año el "Premio Sofofa Empresa Destacada 2005" a CSAV. 11/10/2005 Ahora… Menores Transit Times en sus embarques al Asia CSAV, pensando siempre en entregar un mejor servicio a sus clientes, ha disminuido ahora los transit times del Servicio Andex. 01/09/2005 Servicio USATLAN a través de Port Everglades Con el fin de satisfacer mejor las necesidades de nuestros clientes, el servicio USATLAN, que conecta la Costa Este de Sudamérica con la Costa Este de Estados Unidos, ha cambiado la recalada en el Puerto de Miami por Port Everglades. Menores transit times en sus embarques a Asia CSAV, pensando siempre en entregar un mejor servicio a sus clientes, ha disminuido ahora los transit times del Servicio Andex. Servicio al Cliente Diseño gráfico por TTigroup.net shipping line worldwide, since 1872 we transport your shipments Schedules : Rastreamento : Fale Conosco Mapa do Site Idiomas English Spanish Português Security Security Charges Consumidores EUA Tarifa Pública USA AES Direct Limitações de Peso Adiantamento de Manifestos Update U.S. Customs FAQ Schedules por E-mail Enter your email address: Limpiar Enviar Support Site FAQ Site Ajuda Informação Técnica Port to Port Schedules 1- Origin Country 2 - Destination Country Vessel Position Vessel Position by Port CSAV News 11/10/2005 Agora... Menor Transit Time para seus embarques para a ASIA CSAV, sempre buscando oferecer o melhor serviço a seus clientes, reduziu o transit time do serviço ANDEX. 01/09/2005 Serviço USATLAN atracará em Port Everglades Buscando atender melhor as necessidades de nossos clientes, o serviço USATLAN, que conecta a costa leste da América do Sul a costa leste dos Estados Unidos, irá atracar em Port Everglades ao invés de Miami. 17/08/2005 Nova freqüência do serviço de/para Costa Oeste dos Estados Unidos Buscando a melhor resposta as necessidades de nossos clientes, o serviço que liga a costa Oeste dos Estados Unidos com o México, América Central e a costa Oeste da America do Sul... Menor Transit Time Serviço Andex CSAV, sempre buscando oferecer o melhor serviço a seus clientes, reduziu o transit time do serviço ANDEX. Diseño gráfico por TTigroup.net EZTariff Login shipping line worldwide, since 1872 we transport your shipments Contact Us CSAV Contact Us Global Network Query Questions ? Suggestions? We want to know. Email us your comments. Contact Us Site Map Site Map Site Map About Us About CSAV Directors - Offices Head Office Regional Offices Local Offices - Annual Reports For Year 1999 For Year 2000 For Year 2001 For Year 2002 For Year 2003 For Year 2004 Stock Quote Quality and Environment ISO 9001 Work with us Services Bulk Cars Containers Reefer Customer Service Global Network: Contact an Expert FAQ Email Us Your Comments Online Tools - Schedules Overview Master Schedules Port to Port Vessel Position Vessel Schedule by Port Email Schedules - Tracking Overview Tracking Module - Equipment Container Types Container Use:Tips Sale of Containers Containers Specification Reefer Service Maximun Weight Specifications (U.S.A) Maximun Weight Specifications (U.S.A) Maximun Weight Specifications (U.S.A) The table below contains information concerning weight limitations in the USA. The information is for RFfeRFnce only and should be taken as broad guidelines only. No liability can be admitted by CSAV concerning the quality or accuracy of this information. We RFcommend that you verify weight limitation data with the pertinent US uthorities. Contenedor/Container Chassis Allowable Cargo Weight Maximum Gross Weight Tara/TaRF Weight Size Type Size Type Peso Carga Permitida Peso Bruto Máximo Tractor Container Chassis Total ft - ft - pds pds pds pds pds pds 20 DV 23 Slider (*) 39,500 69,500 18,500 5,000 6,500 30,000 20 DV 41 Tri Axle 44,000 80,000 18,500 5,000 10,900 34,400 20 OT 23 Slider (*) 39,500 69,500 18,500 5,100 6,500 30,100 20 OT 41 Tri Axle 44,000 80,000 18,500 5,100 10,900 34,500 20 RF 23 Slider (*) 38,000 69,500 18,500 7,000 6,500 32,000 20 RF 41 Tri Axle 42,000 80,000 18,500 7,000 10,900 36,400 40 DV 40 Standard 44,000 78,000 18,500 8,550 7,000 34,050 40 HC 40 Standard 44,000 78,000 18,500 8,950 7,000 34,450 40 OT 40 Standard 44,000 78,000 18,500 9,000 7,000 34,500 40 RF 40 Standard 41,000 78,000 18,500 9,300 7,000 34,800 40 RH 40 Standard 41,000 78,000 18,500 9,300 7,000 34,800 * Maximum Gross Weight formulated using inner Bridge formula DV : Dry van RH : High Cube RFefer OT : Open Top HC : High Cube RF : RFefer Customers Advise: U.S. Customs 24 Hour Advance Manifest Rule Customers Advise: U.S. Customs 24 Hour Advance Manifest Rule Customers Advise U.S. Customs 24 Hour Advance Manifest Rule November 18th,2002 U.S. Customs Service has implemented a new Advance Manifest Rule, effective December 2, 2002, that will require significant changes to the shipment processes for all cargo on vessels that call on the United States. This will have an impact on many of our customers, as it requires that both shippers and carriers adopt new disciplines and processes to ensure timely manifesting and loading of cargo. What are the "key-points" of this new rule? Manifests must be submitted electronically to U.S. Customs for all shipments on vessels calling on U.S. ports 24 hours prior to loading from an overseas port (Includes cargo to be discharge in the US and in transit on board a vessel that calls the US.) Manifests must include: precise description of cargo; full shipper and consignee details; and container seal numbers. NVOCCs will be allowed to transmit manifest data directly to U.S. Customs, or can choose to have the underlying carrier manifest on their behalf. Bulk cargoes : Exempt from the rulemaking. Breakbulk cargoes: Exempt, but a U.S. Customs waiver is needed. "FROB": Foreing cargo remaining on-board (remaining on the vessel as it passes through U.S. Ports) will be required to transmit manifest information 24 Hrs in advance of loading at the port of origin. Empty containers: The rulemaking is not applicable to empty containers "Freight all Kinds" / "Said to contain": Are also prohibited by US. Customs. "To order Bills of Lading": Must identify consignee/ owner of the cargo, or owner's representative. What do our Customers have to do? U.S. importers will need to communicate with their origin vendors and suppliers to ensure that they provide complete manifest information significantly earlier in the shipment process. Shippers will face a new manifest "cut-off" well in advance of our current vessel cut-offs. This will be necessary as CSAV must have above mentioned detailed information, or we will not be able to manifest your cargo, and US Customs will prevent us from loading it. More information can be find in the provided link that you can visit at your convenience. Confirming our customers commitment, CSAV will deploy all its technical, operational and commercial resources placing them at our customers disposal so we can work together in order to reduce as much as possible the impact this new regulation might have in the normal trading of your goods into the United States. At the same time, we will continue to work with U.S. Customs to clarify the outstanding issues. We will also be providing regular updates through www.csav.com In the meantime, if you have specific queries or would like to discuss the Advance Manifest requirements, please contact your local CSAV Sales or Customer Service representative. Kind Regards Juan Antonio Alvarez Deputy General Manager Compa ia SudAmericana de Vapores S.A. Customers Advise Customers Advise: U.S. Customs 24 Hour Advance Manifest Rule Customers Advise U.S. CUSTOMS 24-HOUR ADVANCE VESSEL MANIFEST UPDATE January 24th, 2003 Recent announcements by U.S. Customs Service (USCS) officials make it very clear that the USCS as of February 2, 2003 will begin enforcement of the new 24-hour advance cargo declaration filing requirements for vessel voyages. USCS 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. Additionally the USCS confirmed that there will be no extension of time beyond the grace period of February 2 for enforcement of the new requirements, and that penalties for noncompliance after that date can be substantial. CSAV has made use of this grace period to establish procedures and implement necessary systems changes, and advise all our external partners and customers of the rule's requirements. Consequently, CSAV would like to advise its customers that as of February 2, 2003, we must apply the 24 hour rule without exception, and we regret that cargo must be left behind if documentation has not been transmitted to US Customs as per the 24 hour advance requirement. It is therefore imperative for our customers to: · Adhere to and comply with documentation cut-offs and deadlines at the loading port as has been communicated. · Accurately and completely fill out cargo declaration forms. · NVOCC's must also automate their cargo manifests by becoming and Automated Manifest System (AMS) operators. . For any further information, please contact Customer Service or your sales representative. manifiesto_faq.htm manifiesto_faq.htm Frequently Asked Questions FAQ's Table of Contents (Click on page number to see FAQ) Enforcement Date Requirement of NVOCCs on December 2, 2002 Implementation at CSI and Non-CSI Ports Trade Act of 2002 Confidentiality Non-AMS Carriers C-TPAT COAC Canada/Mexico Shipments Containers at Dock Liability Bonds Automation Outline Paperless Master In-bond Public Lists Earlier Security Screening for Transshipments "Do Not Load" Procedures Diversion to a Foreign Port FROB Paper Manifest Onboard Coast Guard Rulemaking AMS/Batch Filing Perishables Equipment Change AMS Acknowledgement of Manifest Receipt Manifest Discrepanc CBP Operations Vessel Sharing Carriers Data Element #6 - Port Data Element #7 - Cargo Description Data Element #8 - Shipper's Name and Address Data Element #9 - Consignee and To Order Bills Data Element #14 --Seals NVOCCs Data Element Requirements for Vessel Carrier Second Notify Party Co-loading Consolidations Clarification of time of transmission of cargo declarations Geographic Reach Bulk and Break Bulk Cargo Missed Voyages RecordKeeping Entry/Entry Summary AMS Programming Change AMS Releases Permits to Transfer (PTT) General Order Duplicate Multiple Bills Posting Vessel Arrival in AMS Consolidators New Bill Type FREQUENTLY ASKED QUESTIONS 24-HOUR ADVANCE VESSEL MANIFEST RULE Revised July 30, 2003 Revised Questions: 32, 38, 41, 52 Customs and Border Protection (CBP) has received numerous questions concerning the 24 hour advance manifest regulation, we have 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 24 hour manifest rule. The effective date of implementation was December 2, 2002. Carriers and/or automated NVOCC's are now required to submit a cargo declaration 24 hours before cargo is laden aboard the vessel at a foreign port. 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 CBP's enforcement strategy be on May 4, 2003? Answer: Compliance with the 24 hour rule is a matter of National Security. We applaud the efforts of those entities that have taken the rule and implementation period seriously and we caution those that have not, that incomplete and late data will not be tolerated from carriers and NVOCCs of any size. We encourage those entities to meet with their customers and explain the repercussions that will begin on May 4th. Commencing on May 4, 2003 , CBP ports will be responsible for initiating "Do Not Load" messages for cargo whenever an "invalid" cargo description is used. These selected non-compliant cargo targets will be referred to the National Targeting Center (NTC) for coordination of the issuance of the "Do Not Load" message to the carrier or NVOCC. Invalid and valid cargo descriptions are clearly listed in FAQ 30 below and should be followed as an example of invalid cargo descriptions. The major goal of this initiative is to require that the valid description be input by the carrier/NVOCC in the cargo description field and no other, including marks and numbers. Additionally, CBP is encouraging that the relevant description of cargo be placed in the beginning of the first or second description line of the manifest, or the HTS field as appropriate. Also on May 4, 2003, CBP ports will be authorized to issue monetary penalties for egregious violations of timeliness. Seaports will be responsible for the review and enforce the timeliness of cargo declaration submissions. The selection of targets will be coordinated through the NTC. The issuance of penalties will also be coordinated and approved through Headquarters. On May 15, 2003 , seaports will also take enforcement action on egregious Consignee name and address violations leading to issuance of Headquarters approved "Do Not Load" messages. Consignee description requirements are relatively clearly defined, yet we still experience egregious errors including fields left Blank, or the use of "To Order" and "To Order of Shipper" without corresponding information in the consignee field (e.g., a bank's name and address) and notify party field or consignee name with no address, incomplete address (only city and state) or an invalid address. These selected non-compliant cargo targets will be referred to the NTC for coordination and approval prior to the issuance of the "Do Not Load" message to the automated carrier or NVOCC. When selecting non-compliant cargo, CBP realizes that Foreign Remaining On Board cargo and some inbond movements will not have a U.S. or standardized addresses. Also on May 15, 2003 , CBP ports will be authorized to issue monetary penalties for Foreign Remaining On Board (FROB) cargo that has an invalid cargo description and that has been loaded on board the vessel without providing CBP a 24-hour time frame to place a "Do Not Load" message on the cargo. Carriers and NVOCC's may be subject to penalties and liquidated damages per each vessel arrival for violation of manifest requirements. On behalf of carriers, masters of vessels will be assessed penalties per vessel arrival in accordance with 19 USC 1436 (penalties of $5,000 per first violation and $10,000 for any subsequent violation attributable to the master). NVOCCs will incur claims for liquidated damages of $5,000 per vessel arrival in accordance with 19 CFR 113.64(c) and 19 CFR 4.7(b) and/or 19 CFR 4.7a(c). If there are multiple automated NVOCCs in violation of the FROB requirements on a vessel arrival each automated NVOCC may be assessed liquidated damages. These are the next steps in CBP's process of ratcheting-up enforcement procedures to ensure full compliance with the rule over the course in the near term. 2. Requirement of NVOCCs on December 2, 2002: A) Will CBP rethink its policy regarding NVOCC automation or extend the time period by which NVOCCs may automate? Answer: CBP has not required that NVOCCs become automated, but has authorized the option of automation. The time frame given for NVOCCs to submit paper cargo declarations directly to CBP expired on February 2, 2003. This time frame will not be extended. There are several interim options for this segment of the trade to provide information in an automated format to CBP. These options are: Utilizing a service provider, a port authority, direct interface with CBP, or submitting paper cargo declarations to the carrier for input into AMS or for inclusion on the non-automated carriers cargo declaration. It should be noted that a direct interface with CBP requires a period of lead-time and therefore, companies may want to use one of the other options until their direct interface is completed. B) How can I get my manifest data electronically to CBP? Answer: Answer: You may either utilize a service center or port authority to transmit data on your behalf or you may elect to develop a direct interface between your company and CBP. A list of those entities which have developed a Sea AMS interface can be found under the heading of Sea AMS Data Processing Services on the following CBP web site: http://www.customs.treas.gov/xp/cgov/import/operations_support/automated_systems/ams/ Those companies electing to establish a direct interface must develop all the necessary records required by the module. AMS recognizes transmission of data in either the ANSI X12 (version 4010) format or the Customs Automated Manifest Interface Requirements (CAMIR) format. In addition, those users electing to develop a direct interface or purchasing a vendor's software package must successfully complete a 4 step test phase. C) What type of communication options are available to overseas parties looking to interface with CBP. Answer: Those parties located overseas may choose to utilize MQ Frame Relay, a Value Added Network (VAN) with a global service or utilize a service center/port authority here in the U.S. Many service centers can receive a user's data via the Internet and then pass to CBP. D) Does an automated NVOCC possess the same system capabilities as an automated carrier? Answer: Automated NVOCCs are afforded the same AMS features as an automated carrier, such as auto arrival of the vessel, electronic request for permit to transfers (PTT), Second Notify Party designation and participation in the Paperless Master In-bond Program (AMS/MIB). 3. Implementation at CSI and Non-CSI Ports: How does the application of this rule differ between CSI and non-CSI ports? How will holds on cargo from non-CSI ports be handled? Besides electronic messages through AMS, how will CBP notify origin ports of cargo to be held or examined? Answer: Requirements for implementation of the 24-hour rule at CSI and non-CSI ports will be the same for vessel AMS participants. For non-automated carriers at CSI ports, paper manifests will be presented to CBP personnel at a designated location in these ports. For non-automated carriers at non-CSI ports, paper cargo declaration must be presented to each port of unlading in the U.S. 24-hours prior to lading in the foreign port. Facsimiles and non-AMS electronic messages sent directly to CBP are not authorized. Non-automated vessel carriers may enlist the automated services of a Vessel Agent, Service Provider, local Port Authority, or a business partner in the U.S. The domestic party in receipt would deliver the cargo declaration information directly to CBP. When a non-automated vessel carrier has elected to submit a paper cargo declaration directly to CBP in the United States, the non-automated carrier is responsible for ensuring that complete cargo declaration information for each port of call in the United States is submitted to each CBP location for review 24 hours prior to lading at the foreign port. For non-automated carriers that submit a paper a manifest, the party designated to present the cargo declaration to CBP will be the one to receive notifications from CBP of any cargo "do not load" messages. "Do not Load" notices must also be provided to the vessel carrier from the non-automated NVOCCs. 4. Trade Act of 2002: Does CBP contemplate new rulemaking under the 2002 Trade Act? If yes: Would CBP entertain modifications to the current rule under that process? Does CBP also expect to modify the rule as ACE comes on line to provide alternative means of information collection? What sort of transition would CBP contemplate? Answer: CBP does not anticipate new rule making under the Trade Act of 2002 that would limit or restrict the requirements of the 24-hour rule. As the various releases of ACE are completed and the ability to collect data and information is enhanced, CBP will re-evaluate the rule. Questions pertaining to the transition will be addressed once CBP and its trade partners involved with the development of ACE have identified the specific elements within ACE pertaining to this issue. 5. Confidentiality: A) It appears that the only protection of business confidentiality would be by CBP delaying the release of the information. How does that prevent information from getting into the hands of a company's competitors or criminals? Answer: The fact that information is provided directly to CBP addresses the concern of NVOCCs wishing to safeguard their clients' information from competitors. CBP has issued a separate Notice of Proposed Rulemaking dated January 9, 2003 (68 FR 1173) to expand the list of parties who may file a biennial certification that would allow those parties to file on behalf of the importer or consignee. This separate Notice of Proposed Rulemaking is necessary because comments received on this issue were outside the scope of the original Notice of Proposed Rulemaking dated August 8, 2002. CBP is regulated by statute (19 USC 1431(c)) regarding disclosure of manifest data. Congress must enact any changes to the statute. B) How can shipper information contained in vessel manifests be insulated from release to the public under 19 U.S.C. 1431(c)? Answer: Since the enactment of Public Law 98-573 (October 30, 1984), it has been possible for authorized parties to request of CBP to withhold shipper identity information from release for public dissemination. The 1984 Act, in pertinent part, amended the manifest statute (19 U.S.C. 1431) by adding subsection (c), the provision which enables importers and consignees of merchandise to file biennial certifications with CBP whereby certain limited information may be withheld. The statute itself allows these named entities to request confidentiality of the name and address of the importer or consignee, as well as the name and address of the shipper of goods to either of those parties. The implementing regulations (19 CFR 103.31) established that authorized employees, attorneys or officials may submit confidentiality certifications to CBP on behalf of the statutory parties (importer or consignee). There is no prescribed format for the preparation of confidentiality certifications. They should, however, include the requestor's IRS Employer Number, if available. Certifications must be submitted to the Disclosure Law Officer, Headquarters, Customs and Border Protection, 1300 Pennsylvania Avenue, NW., ATTN: Mint Annex, Washington, D.C. 20229. C) How does an importer or consignee request confidential treatment under Section 1431? Answer: Title 19 of the Code of Federal Regulations section 103.31(3)(d), (19 CFR 103.31(3)(d)) states that an importer or consignee may request confidential treatment of its name and address contained in inward manifests, to include identifying marks and numbers. In addition, an importer or consignee may request confidential treatment of the name and address of the shipper or shippers to such importer or consignee by using the following procedures: An importer or consignee, or authorized employee, attorney or official of the importer or consignee, must submit a certification claiming confidential treatment of its name and address. The name and address of an importer or consignee includes marks and numbers which reveal the name and address of the importer or consignee. An importer or consignee may file a certification requesting confidentiality for all its shippers. There is no prescribed format for a certification. However, the certification shall include the importer's or consignee's Internal Revenue Service Employer Number, if available. There is no requirement to provide sufficient facts to support the conclusion that the disclosure of the names and addresses would likely cause substantial harm to the competitive position of the importer or consignee. The certification must be submitted to: Disclosure Law Officer Headquarters Customs and Border Protection 1300 Pennsylvania Ave., NW Washington, DC 20229 Each initial certification will be valid for a period of two years from the date of receipt. Renewal certifications should be submitted to the Disclosure Law Officer at least 60 days prior to the expiration of the current certification. Information so certified, may be copied, but not published, by the press during the effective period of the certification. An importer or consignee shall be given written notification by CBP of receipt of its certification of confidentiality. To ensure that requested information deleted from public disclosure, the importer or consignee should ensure that the company's name and shipper's name is identified to CBP in all known variations that may be used on shipping documentation such as bills of lading, purchase orders and manifests. The computer searches for the exact spelling that is included on the request for confidentiality and any variations of the company/commercial party name not specified in the confidentiality request may not be deleted from the public disclosures. D) How long does it take to process a request for confidentiality under Section 1431? Answer: Presently, it takes between 1 to 5 days from the time of receipt of a request to the time the request is processed and placed into the system. Protection is effective once the information is placed into the system, and the requestor will be notified that this has been done. CBP processes requests on a daily basis. CBP will continue to carefully monitor the cycle time of processing these requests to ensure that they are handled in an expeditious manner. 6. Non-AMS Carriers: How does the rule accommodate those who do not presently have access to the Automated Manifest System? Answer: Carriers that are not automated will be required to submit a paper cargo declaration 24 hours prior to lading at the foreign port. NVOCCs that are not automated will be required to submit their cargo declarations to the carrier for input into AMS, 24 hours prior to lading at the foreign port. 7. C-TPAT: A) How will it be advantageous to be a C-TPAT participant under this rule? Answer: CBP expects that its partners in C-TPAT will provide the required information under this rule as a regular part of their security-related procedures. Accurate and timely cargo declarations are critical to the delivery of the cargo release benefits that are part of C-TPAT participation. While C-TPAT participants will not be excluded from the advance reporting requirements, their participation in the program will be taken into account during the targeting process. B) Will C-TPAT participation by a carrier or a NVOCC be a mitigating factor in determining penalties for violations of the regulation? Answer: C-TPAT participation by the carrier or automated NVOCC will be a mitigating factor for penalties and liquidated damages. 8.COAC: How will the consultation process envisioned in the rule and the 2002 Trade Act involve the COAC and non-COAC members? Answer: This final rule is completely separate from the Trade Act of 2002. CBP will notify the trade community on how it will achieve the requirement to "consult the trade". This final rule does indicate that CBP will request that COAC form a sub-committee to act as a consultant on the implementation of the final rule. 9. Canada/Mexico Shipments: Please clarify whether the final rule applies to cargo shipped from a foreign port to Canada or Mexico and then trucked or railed across the border to a final U.S. destination. How will CBP address the concern that cargo may be diverted from ocean carriers to truck or rail carriers as a means of circumventing the rule? Answer: The final rule does not apply to cargo that is shipped to Canada or Mexico and subsequently trucked or railed into the U.S., if the vessel does not call on a U.S. port. CBP has targeting personnel stationed at seaports in Canada and cooperation with Canadian authorities has been excellent. If either Customs administration suspected that goods were being routed in an attempt to evade scrutiny, those goods would likely be treated as high risk. For vessels that are departing Canada or Mexico with cargo destined for the United States, the 24 hour rule does apply. 10. Containers at Dock: In response to concerns from the trade that containers will have to be delivered to a carrier several days before lading, CBP has said that it wants the information on cargo delivered earlier, not the container. Will CBP mandate that carriers enter information about a container on a manifest before the carrier has actually received the container? Answer: CBP is not mandating that carriers submit cargo declaration information to CBP prior to receiving the container. That is a business decision for the carrier to determine. Many comments received stated that the container had to be physically located at the foreign port (dock) in order for the carrier to transmit the cargo declaration to CBP. CBP was clarifying that, for CBP purposes, the container did not have to be physically located at the dock for the carrier to transmit the cargo declaration to CBP. 11. Liability: If a container is examined by CBP, either in the United States or at a foreign port, and the manifest description of the contents is, in CBP opinion, inaccurate, will the carrier be held liable for penalties or liquidated damages? What does CBP recommend carriers do to protect themselves from misleading descriptions on bills of lading? Answer: Yes, in the stated circumstances, carriers can be held liable for penalties and NVOCC's can be held liable for liquidated damages. Carriers should establish business relationships with shippers to ensure accurate information is provided. 12. Bonds If a carrier or NVOCC believes that port director is not following the minimum standards or has set an unreasonable bond amount or have any other questions concerning bonds, they should contact Donald Yando, Branch Chief, Entry and Drawback Management, at (202) 927-0300. A) What are the mitigation guidelines for an NVOCC bond? What is the proposed penalty and potential mitigation if the information is not supplied, if it is supplied but untimely, if it is supplied but CBP finds it to be too general and potential liabilities if the information is inaccurate? Who is responsible the carrier or NVOCC if it relied on the information supplied by the shipper (product description and/or HTS number, quantity, etc)? Assuming that the carrier had no actual knowledge that the goods in the container were other than as described or that any of the other information might be inaccurate, who is liable? It is assumed that surety companies will only be held liable for claims under these new provisions for bonds issued on or after the effective date of the new regulations. Is that assumption correct? If so, can the field receive appropriate notification to avoid unnecessary claims? Answer: Currently, CBP is formulating policy with regard to the assessment of penalties and claims for liquidated damages. Once the assessment policy has been approved, CBP will establish mitigation guidelines. The final rule indicates that in addition to penalties applicable under other provisions of law, carriers may be liable for civil penalties under 19 USC 1436 and NVOCCs may be liable for liquidated damages under 19 CFR 113.64(c). The party that provides the cargo declaration information to CBP is responsible for ensuring that the information is accurate. CBP will initially use informed compliance with the carriers, but if repeated violations occur CBP may assess penalties or claims for liquidated damages. The assumption is not correct that sureties will only be held liable under bonds issued on or after the effective date. Current bonds guarantee payment of penalties and will be used and claims will be filed against these active bonds. B) Who is required to obtain an international carriers bond? Answer: NVOCCs that are transmitting their cargo declarations electronically to CBP, whether directly or through the use of a service provider or port authority, must obtain an international carriers bond. Once a bond is on file with CBP it is good for all ports of entry. C) How is the type 3 CBP International Carrier Bond amounts set? Answer: AMS participants, including NVOCCs, are required to have a type 3 CBP International Carriers Bond. CBP has issued guidelines on these bonds to our field offices. The minimum bond amount has been established at $50,000.00, but the amount may be higher. Actual bond amounts are determined by the port director where the bond is filed and are based on risk. D) How are type 2 Custodial Bond amounts sets and what is the fee to obtain one? Answer: AMS participants are required to have a type 2 Custodial Bond if business practices involve creating in-bond shipments, initially bond requirements will be set in the amount of $50,000. However, Port Directors may increase the bond amount at their discretion. If you do not have a Custodial Bond, contact a surety company from a list of Treasury approved surety companies that are listed at: www.fms.treas.gov/c570/index.html/ to obtain a bond. Information on the bond requires that foreign entities have a CBP assigned number. Request for CBP Assigned numbers must be made on CF 5106 "Importer ID Input record", the form can be found on the CBP web site: www.customs.gov. Completed forms should be sent to the Entry Branch of the local port for input into ACS. Upon receipt of a completed CF 5106, CBP will assign an "Importer Number" to a foreign-based entity. This CF 5106 can be completed by the foreign entity and submitted to CBP, there is also a $50 processing fee associated with this transaction. A copy of the form, with the CBP-assigned number indicated in block 2D, will be returned to the applicant. This CBP-assigned number will be the identifying number for the foreign entity on the bond application. E) Automated NVOCCs and in-bond movements. 1) NVOCC can obtain a Custodial type 2 bond and establish themselves as a paperless master in-bond participant. 2) NVOCC can approach the ocean carrier or contract with another bonded carrier and obtain a Power of Attorney to obligate their custodial bond. The NVOCC would then use an AMS conventional in-bond. The NVOCC would request and receive authorization to move cargo in-bond by transmitting through AMS a nine digit in-bond control number and bonded carrier identification number. It is not necessary to submit the paper CF 7512 at the port of in-bond origin (port of unlading), but the in-bond documentation must be presented to CBP at destination. The NVOCC is responsible for ensuring that the paper CF 7512 is presented to CBP at the destination port prior to the cargo being released to the consignee or exported as well as arriving and exporting the cargo in AMS. 3) Contract the in-bond movement to a bonded carrier that will create a paper CF 7512 to present to CBP at port of origin and destination. 4) Brokers in the ABI module can use the "QP" application or the "CAFES" application to create In-bond movements against AMS bills of lading. Note: CBP will continue to work with the Trade to resolve in-bond issues as they arise. 13.Automation Outline: What is the process a NVOCC/Carrier must go through to automate with CBP? Answer: Participants in AMS are required to have a Standard Carrier Alpha Code (SCAC) issued by the National Motor Freight Traffic Association, located in Alexandria, VA. If they do not have a SCAC, information can be obtained from the web site: www.nmfta.org/scac2.htm or the association can be called at 703-838-1810. Once you have received the confirmation letter for your SCAC code from the National Motor Freight, fax a copy of the letter to CBP, attention Charles Bennett at (703) 921-7173 and indicate if you are a carrier or NVOCC. AMS participants are also required to have a type 3 CBP International Carriers Bond and a type 2 Custodial Bond if business practices involve creating in-bond shipments, initially bond requirements will be set in the amount of $50,000. However, Port Directors may increase the bond amount at their discretion. If you do not have an International Carriers Bond or a Custodial Bond, contact a surety company from a list of Treasury approved surety companies that are listed at: www.fms.treas.gov/c570/index.html/ to obtain a bond. Information on the bond requires that foreign entities have a CBP assigned number. Request for CBP Assigned numbers must be made on CF 5106 "Importer ID Input record", the form can be found on the CBP web site: www.customs.gov. Completed forms should be sent to the Entry Branch of the local port for input into ACS. Upon receipt of a completed CF 5106, CBP will assign an "Importer Number" to a foreign-based entity. This CF 5106 can be completed by the foreign entity and submitted to CBP, there is also a $50 processing fee (for type 2 Custodial Bonds only) associated with this transaction. A copy of the form, with the CBP-assigned number indicated in block 2D, will be returned to the applicant. This CBP-assigned number will be the identifying number for the foreign entity on the bond application. Once this is complete there are three basic ways for an NVOCC to participate in AMS: 1. Through a service center/port authority: - A service center/port authority can transmit the NVOCC's data to CBP. - Their data remains confidential from the operating carrier. - This is the fastest way to start AMS participation. 2. Purchase a software and communications package from a software vendor: - The software vendor will set up required interface software. - The NVOCC will have to be certified in AMS prior to submitting actual manifest data. 3. Program their own software interface: - This process requires a full AMS certification test be completed prior to submitting actual manifest data. Interested participants in the Sea Automated Manifest System (AMS) Program are required to submit a written letter of intention on company letterhead and include a point of contact, name, title, phone number, e-mail address and office location. In addition, please identify your interest in Sea AMS (i.e., becoming a Sea AMS carrier, service center, software vendor, NVOCC, etc.). This letter can be mailed or faxed to the following location: Customs and Border Protection Client Representative Branch 7501 Boston Blvd. Room 211 ATTN: Sea AMS LOI Springfield, VA 22153 Phone: (703) 921-7500 FAX: (703) 921-7563 14. Paperless Master In-bond: A) How can I become a Paperless Master In-bond (AMS/MIB) participant? Answer: To participate in the Paperless Master In-bond Program the carrier or the NVOCC must acquire a CBP Type 2 - Custodian Bond. The interested party will then prepare on their letterhead a request to participate in the program identifying their assigned IRS# and what in-bond entry types they would like to be designated to transmit for. They may elect - Immediate Transportation (IT- entry type 61), Transportation and Exportation (T&E - entry type 62), Immediate Exportation (IE - entry type 63) or all three. The letter should be provided to their Client Representative for action. The IRS# will be validated against a bond table existing in ACS and if valid, a "V#" will be assigned to the carrier or NVOCC. The carrier or NVOCC will then create a control number using the "V#" and the in-bond movement will be tracked in AMS. The party initiating the paperless master in-bond move will then be responsible for the arrival/export of the movement in the system. 15. Public Lists: A) Will CBP make public a list of those NVOCCs who are approved for AMS manifesting and have obtained an International Carrier Bond? Answer: CBP has posted a list of AMS carriers on the CBP web site. This document is continuously changing and cannot be used as 100% accurate. NVOCCs will not be authorized to transmit in AMS without an International Carriers Bond. B) Will CBP publicize what third party service providers are available to perform NVOCC electronic manifest filing in AMS, as vessel carriers may have difficulty performing this function? Answer: A listing of 3rd party service providers can be found under the heading of Sea AMS Data Processing Services on the following CBP web site: http://www.customs.treas.gov/xp/cgov/import/operations_support/automated_systems/ams/ This document contains 2 attachments. The first is a list of service centers, port authorities, and software vendors that presently have the capability to provide carriers/NVOCC's with an interface to CBP. The second is the Sea AMS Respondent Checklist that interested parties must complete. This one page document should then be faxed to the number provided (703) 921-7563 and a client representative will then be assigned to work with the company. 16.Earlier Security Screening for Transshipments: Some ocean carriers have expressed an interest in how they could have security prescreening done by CBP before the first leg of a voyage of a container that will be transshipped. For example, Carrier agrees to transport a container from Karachi to LA. The first leg of the voyage is on Vessel A from Karachi to Singapore. It is then loaded in Singapore onto Vessel B that sails for LA. Under this regulation, the security screening is done before Vessel B loads in Singapore. If there is a problem with the container, it is now stuck in Singapore. Is there a way for a carrier to have the option to have the security screening done at the first port of loading, so that if there is a problem, the container will not begin the voyage until the problem is addressed? Answer: CBP would eventually like to receive this information, but current limitations in the AMS system does not allow for this type of transaction. With the development of ACE, CBP will be looking to accept this type of electronic information. 17. "Do Not Load" Procedures: A) When and how will "do not load" messages be implemented by CBP? Answer: : In support of the 24 Hour Manifest Filing Requirement of the Office of Field Operations and to better inform the trade participants in the Sea Automated Manifest System application, two new disposition codes have been programmed in AMS by CBP. Effective immediately CBP will issue dual "do not load" messages, one being in AMS and the other will be done telephonically/fax or email. Understanding the importance of the critical nature of this programming, Headquarters is going to authorize a 30 day implementation period. All participants of the Sea AMS application must have this programming in place on March 4, 2003, at this time CBP will only issue "do not load" messages in AMS, for all automated participants. Disposition code: 6H - Do Not Load. Disposition code: 6I - Release of the Do Not Load Message. These new disposition codes will be generated as the result of CBP input and refer to the status of cargo intended for a vessel arriving in or transiting CBP territory. Upon receipt of the 6H disposition code in the R02 record of the "RC" status notification or in the X4 segment of the 350 transaction set in X12/TDCC format, the Sea AMS participant must prevent the loading of the container or containers referenced in the R05 record(s) of the "RC" set or in the N7 segment of the 350 set. Loading of the subject container may resume after receipt of the 6I (6-eye) disposition code that will be sent in either the CAMIR (RC) or X12/TDCC (350) formats as appropriate to the trade participant. For additional information, please contact your ACS Client Representative. B) When the targeting identifies a container that warrants inspection in a non-CSI port, what procedures will be used to inspect and subsequently clear the container for loading aboard the vessel? Answer: CBP will coordinate with foreign customs authorities in each CSI and non-CSI port regarding how it will clear cargo that has been given a "do not load" message. Foreign governments will perform inspections at CSI and non-CSI ports. Immediately after the foreign government notifies CBP that the shipment is cleared, CBP will remove the "do not load" message in AMS. For non-automated carriers, the party that submitted the cargo declaration to CBP will be notified telephonically/fax or by email. CBP will coordinate with foreign customs authorities in each CSI and non-CSI port regarding how it will clear cargo that has been given a "do not load" message. C) How will CBP clear cargo that has been given a "do not load" message in CSI and non-CSI ports? Answer: CBP will coordinate with foreign customs authorities in each CSI and non-CSI port regarding how it will clear cargo that has been given a "do not load" message. Foreign governments will perform inspections at CSI and non-CSI ports. Immediately after the foreign government notifies CBP that the shipment is cleared, CBP will remove the "do not load" message in AMS as well as notify the carrier/NVOCC by telephone/fax or by email until March 4, 2003. For non-automated carriers, the party that submitted the cargo declaration to CBP will be notified telephonically/fax or by email. 18. Diversion to a Foreign Port: A) If cargo has been cleared to sail to the U.S. from a foreign port and the vessel carrier decides to divert by dropping cargo in Freeport, Bahamas to load aboard another vessel for subsequent entry to the U.S., would the vessel carrier be required to file another 24 hours advance manifest for that cargo? Answer: Carriers will have to amend the previous bill indicating to CBP the change in vessel information. This cargo would have to once again comply with the 24-hour rule. B) What would happen if a carrier drops a Canadian first port of call, and comes directly to the U.S. with Canadian destination cargo aboard that has not been subjected to the 24 hour advance manifest filing obligation (ex. operational decision to bypass Halifax due to North Atlantic storm)? Answer: Carriers must notify CBP at the designated first port of arrival as soon as they realize they are not going to make the foreign port of call. The carrier should then transmit the manifest with corrections indicating the missed foreign port of call. Upon arrival in the U.S. port the cargo declaration will be placed on hold until CBP has had the opportunity to review the documentation, any examinations will be conducted and appropriate penalties may be issued. If CBP determines that this has become a common occurrence for vessels this could eventually lead to denying the permit to unlade. Additionally, CBP will notify the Coast Guard of the vessel with unmanifested cargo that is scheduled to arrive. C) A shipper may change cargo destination after vessel loading; an amendment to the manifest will be required. How will this be handled? Answer: Amendments will be done under the current procedures. The Notice of Proposed Rule Making for manifest discrepancies has not been published. However, be aware that any change to the original information may affect our risk assessment of the cargo and could result in an examination. 19. FROB: A) If a shipper changes the cargo destination from FROB to an U.S. port after the vessel has sailed, can that be handled through a manifest correction? Answer: Yes, manifest corrections will be handled as a manifest discrepancy. Since the cargo was FROB and falls under the 24 hour requirement, information would have already been received 24 hours before lading. However, the shipment is subject to screening and examination due to the change in the information. B) What data elements are required for FROB? Answer: FROB cargo is cargo that is loaded in a foreign port and is to be unloaded in another foreign port with an intervening vessel stop in one or more ports in the United States. All of the data elements required under the regulation must be provided for FROB cargo. CBP recognizes that for FROB cargo, the actual shipper, consignee and notify party may not be associated with an address in the United States. Therefore, CBP would not require an U.S. address on these data elements. 20. Paper Manifest Onboard: Please clarify which carriers participating in CBP' AMS advance cargo manifest filing will have to have a paper copy of the manifest on board the vessel (in contrast to be able to provide one upon request). Answer: This issue touches on a number of CBP regulations and policies, such as the paperless manifest test, that are currently under review. But recognizing the business interests at stake, in the near term, CBP has decided not to enforce the paper cargo declaration (CF 1302) rule for formal entrance if a carrier or NVOCC has successfully automated. However, one must be provided upon request by CBP. In addition, the remaining documents comprising the vessel manifest must be available for presentation upon entry of the vessel. CBP will periodically assess this policy to ensure that it is not having an adverse effect on operations. 21. Coast Guard Rulemaking: The final rule makes clear that "by requiring the submission of cargo declaration information 24 hours prior to lading, CBP is eliminating the requirement for vessel carriers to submit an additional cargo declaration upon arrival in the United States." The Coast Guard has before it a proposed rulemaking that would require cargo manifests to be filed with CBP 96 hours before vessel arrival. Now that CBP has finalized its rule, the Coast Guard rule has been overtaken by events. Will CBP please inform the Coast Guard that its proposed 96 hour rule should not apply to any carrier that is filing in AMS and complying with the new CBP advance manifest filing requirements? Answer: CBP will require only one electronic manifest to be submitted by the carrier and will work with the Coast Guard to coordinate this transmission. The presentation of the paper manifest will have to be available to both agencies. 22. AMS/Batch Filing: A) Currently each manifest has one CF 1302 filing. Please explain how AMS will handle multiple CF 1302 filings for the same vessel. Answer: The current AMS system does handle multiple cargo declaration filing as amendments from each port, if the vessel and voyage number are the same. If the vessel or voyage number changes the cargo declarations must be deleted and re-added with the new vessel and voyage number. B) The Comments state that: "The vessel AMS program was not designed to allow for the transmission of individual bills of lading, and such transmissions must be sent by batch." For the advance filing obligation under these rules, does batch filing require a single batch containing all containers to be loaded at a loading port, or can a carrier file more than one batch for a single loading port? (Example: file one batch 48 hours before loading and one additional batch 24 hours before loading.) Answer: The example provided is correct. The carrier can file more than one batch for the same port on the same vessel and voyage. 23. Perishables: A) What is considered "perishable merchandise" for purposes of the 24 hour rule? Answer: For purposes of this regulation, the term "perishable merchandise" is defined as merchandise that is organic and produced for human consumption that is not frozen, subject to spoilage and requires controlled temperature during transportation, such as fruits, vegetables, and meat and fish products. B) Many perishable commodities (e.g., bananas, pineapples) are harvested and loaded within the 24-hour time window before vessel loading. Information (such as final seal number, precise quantity, and container number) will be preliminary 24 hours before vessel loading. How should this be handled? Answer: The majority of the data elements should be known, the only unknown data elements would be the exact weight and quantity. To address weight and quantity concerns, CBP has concluded that in the case of perishable merchandise, the carrier/NVOCC must provide CBP with a good faith estimate of the quantity and weight 24 hours before loading. CBP will allow a discrepancy tolerance of plus or minus 5%; if the good faith estimate is within this range, CBP will not require the manifest to be amended. With respect to other matters, CBP fully expects that the industry can adapt their business practice to designate a specific container and seal that will be used on a specific bill of lading and provide that information 24 hours prior to lading. C) Would CBP consider amending the regulation to classify all perishables as break bulk, permit overbooking, or shorten the advance filing time? Answer: Much of the perishable industry operates utilizing containers. Therefore, it is not possible to authorize a break-bulk exemption for the perishable community as a whole, although perishables that are not containerized and otherwise meet the definition of break bulk may seek an exemption. As for overbooking, this is a practice that CBP has worked very hard over the years to eliminate and it would be extremely difficult for both the industry and CBP to maintain proper documentation of overbooked cargo. Accordingly, CBP will not permit this practice for perishables. CBP does not agree with reducing the 24 hour reporting requirement, as there are other mechanisms for addressing the concerns raised by perishables, as discussed above. 24. Equipment Change: If a refrigerated container's cooling system fails after the CF 1302 has been filed, but prior to loading, can the carrier reload the perishables into a new reefer container, affix a new seal, load the container aboard the vessel, and correct the manifest information? Answer: CBP will allow for changing of equipment due to failure. Carrier must file a Manifest Discrepancy Report to correct the container/seal #. Once CBP has been notified by the carrier, the exact procedures will be determined on a case by case basis. 25. AMS Acknowledgement of Manifest Receipt: A) After the carrier submits the manifest, CBP currently returns an acceptance message that confirms receipt of the manifest data, quantity of BLs accepted, and quantity of BLs rejected. Can vessel carriers expect to receive this same message for manifest information submitted under the 24-hour regulation? Answer: Yes, procedures will be the same. The carriers will receive these same messages. B) How will manifest receipt message relate to NVOCC cargo, and what information will the vessel carrier receive regarding the NVOCC's filing? Answer: The information that the vessel carrier receives today for automated slot charters will be the same information that the vessel operating carrier will receive. Please refer to previous answer. 26. Manifest Discrepancy: A) Does CBP have any forecasted time when the new rules will be proposed for manifest discrepancy reports? Answer: CBP is continuing the review of the proposal within CBP. B) Between now and then, is there any informal guidance CBP would offer to vessel carriers regarding how to deal with these issues? Answer: Current procedures apply and can be found within 19 CFR 4.12. 27. CBP Operations: A) Will CBP be manned 24/7 to process all manifests and provide the necessary hold responses? Answer: CBP will provide the carriers with a designated location at CSI and local CBP ports to submit paper cargo declaration. The designated location will be a secured manner to be determined by the ports. Carriers and NVOCCs that do not receive a hold message within the 24-hour time frame after presentation of the cargo declaration will be allowed to load the cargo. B) How will the 24-hour rule operate during AMS downtime? Answer: CBP is required to initiate scheduled downtime for system maintenance and updates. Those times are generally in two or three hour increments and are regularly occurring events or are announced well in advance. For regularly scheduled downtime, which meets the definition above, carriers/NVOCCs should file enough in advance to ensure that CBP has the entire 24 hour period prior to loading. The regularly scheduled downtimes are as follows: - Saturday 0500-0700 EST - Saturday 2300 into Sunday 0300 EST - Sunday 2200 into Monday 0200 EST - Wednesday 0500-0700 EST Unscheduled or unanticipated downtime in AMS is rare and is generally for a short duration. However, in the event that CBP system is unexpectedly down, CBP will grant "credit" to the carrier in the amount of time the system is down. In other words, the start of the 24 hour clock will not be delayed by AMS downtime. Carriers/NVOCCs will need to verify with CBP that the system is down in the event no message is sent to the carrier/NVOCC after the 2 hour window has expired. In the meantime the carrier should troubleshoot their own operations to ensure that their system is working properly. If a service provider is being utilized the carrier/NVOCC should ensure that the information is submitted timely. After the 2 hours has expired, the carriers should contact the CBP help desk. The appropriate means of verification is to contact the CBP help desk at (703) 921-6000, which is a 24 hours a day, 7 days a week operation. The CBP help desk will verify for the carriers/NVOCCs that the system was down at the time of transmission, record the time of carrier/NVOCC call, and, if available, give an expected time of when AMS will be up. The time credited will be based on the time of the transmission. For example, "if a carrier were to transmit to CBP at 0800 on March 1, 2003, and the carrier did not receive an acceptance message from CBP, the carrier would need to verify that the system was down at the time of transmission, and the CBP help desk would make note of the call. If the system then came back up at 1100 on the same day, the carrier would be credited time from 0800 and be allowed to load the container at 0800 the following day, March 2, 2003". Only in rare circumstances will Carriers/NVOCCs need to re-transmit in AMS, the original transmission will be kept and processed in the order that it was received once AMS is working. In the rare event that the system is down for an extended period of time and the entire 24 hours prior to loading period has expired, the carrier may load the container(s) in question. CBP will perform its targeting once the AMS system is working and any actions resulting from "holds" will be performed in the U.S. If the targeting results in a very high-risk container having been loaded on the vessel during the downtime procedures, CBP may prevent the unlading of the container at the first port, or if the risk is extremely high, may require the container to be offloaded prior to arrival in the U.S. The latter situation is expected to be extremely rare. But it is a possibility of which the trade should be aware. In the highly unlikely event that the system is still down when the vessel arrives at the first port of unlading in the U.S., a paper manifest will be required at the time of arrival. 28. Vessel Sharing Carriers: It seems reasonably clear that cargo given a "do not load" will be communicated by CBP to the filing vessel carrier, which may or may not be the vessel operator. Vessel carriers will need to develop good communication systems amongst themselves to ensure that such hold notices are communicated in a timely manner prior to loading, and that their respective responsibilities and liabilities are clear. While such agreements may work amongst vessel carriers sharing ships, this model would not be satisfactory for communications between vessel carriers and NVOCCs regarding "do not load" messages. Answer: CBP will issue dual "do not load" messages, one being in AMS and the other will be done telephonically/fax or email. Understanding the importance of the critical nature of this programming, Headquarters is going to authorize a 30 day implementation period. All participants of the Sea AMS application must have this programming in place on March 4, 2003, at this time CBP will only issue "do not load" messages in AMS. The NVOCC/carrier will be responsible for ensuring that the cargo is not loaded on board the vessel. 29. Data Element #6 - Port: Item (vi) requires the filing carrier to state: "The first foreign port where the carrier takes possession of the cargo destined to the United States". Does "foreign port" mean "port" or place where the filing carrier takes possession. For example, Carrier contracts to move container from Berlin to Chicago under a through transportation contract. Carrier picks up container in Berlin, trucks it to Hamburg. The carrier loads it aboard the vessel in Hamburg, sails to Southhampton, and then New York. In this case, is item (vi) Berlin (the place where the carrier takes possession) or Hamburg (the first foreign port)? It is assumed that item (i) - "the last foreign port before the vessel departs for the US" - is Southhampton, and item (xi) - "the foreign port where the cargo is laden on board" - is Hamburg. Answer: The example and assumptions made are correct. For data elements (i) - "the last foreign port before the vessel departs for the US" (NEW DATA ELEMENT)- is Southhampton, (vi) - "the first foreign port where the carrier takes possession of the cargo destined to the United States"- is Berlin and (xi) - "the foreign port where the cargo is laden on board"- is Hamburg. 30. Data Element #7 - Cargo Description: Item (vii) requires a "precise description and weight of the cargo or, for a sealed container, the shipper's declared description and weight of the cargo." A) Carriers commented on and fully supported the regulation providing that a carrier can rely on "for a sealed container, the shipper's declared description and weight of the cargo". Please confirm that CBP does not intend to penalize carriers for shippers' containerized cargo misdescriptions. Answer: The party that provides the cargo declaration information to CBP is responsible for ensuring that the information is accurate. CBP will continue to use the same guidelines for sealed containers and shipper's load and count. CBP will initially use informed compliance with the carriers, but if repeated violations occur CBP may assess penalties as outlined in 19 CFR 4.3a. B) What constitutes a precise description of the cargo? In the case of chemical compounds and mixtures, are formulas necessary? Answer: The regulation requires a precise narrative description of the cargo or the 6 digit tariff number for those with the skill to provide it correctly. If there is doubt about the accuracy of a 6 digit tariff number, which can sometimes be difficult to ascertain, a precise narrative description should be used. A precise narrative description is a description that is precise enough for CBP to be able to identify the shapes, physical characteristics, and likely packaging of the manifested cargo so that CBP can identify any anomalies in the cargo when a container is run through imaging equipment. The description must also be precise enough to identify any goods, which may emit radiation. How specific that information must be depends on the nature of the commodity. For example, "electronics" is not a precise description, but "CD players" or "computer monitors" would be. CBP will continue to work with the trade to refine what descriptions are acceptable. CBP will not begin its enforcement actions with descriptions where the required level of precision is not clear. CBP will continue to notify the carriers when these more difficult commodities are not adequately described. However, cargo descriptions are one of the most important elements to assist CBP in precise targeting, and it is in the trade's interest to become precise and compliant as quickly as possible. Not only will this avoid eventual enforcement action, but it may also avoid container "do not load" message and "holds" due to CBP not being comfortable that it knows what is in the container. To be clear, IN NO CASE is a blank description, freight all kinds (FAK), said to contain (STC) with or without other description, general merchandise, "26 pallets", various retail merchandise, consolidated cargo or other similarly vague descriptions acceptable. On February 2, 2003, CBP began initiating strong enforcement actions in cases where these kinds of general descriptions, which have continued during the transition period. The following terms are meant to be used as a guide. They are illustrative, not exhaustive, examples of acceptable and unacceptable descriptions. Phrases or words in parenthesis are meant as examples. Not Acceptable Acceptable Apparel Wearing Apparel Ladies' Apparel Men's Apparel Clothing Shoes Footwear Jewelry (may include watches) Appliances Kitchen Appliances Industrial Appliances Heat Pump Autoparts Parts New Autoparts Used Autoparts Caps Baseball Caps Blasting Caps Bottle Caps Hub Caps Chemicals, hazardous Chemicals, non-hazardous Actual Chemical Name (not brand name) Or U.N. HAZMAT Code Identifier # Electronic Goods Electronics Computers Consumer Electronics, Telephones Electronic Toys (can include Gameboys, Game Cubes,Dancing Elmo Doll etc.) Personal/Household Electronics (i.e. PDA's, VCR's, TV's) Equipment Industrial Equipment, Oil Well Equipment Automotive Equipment, Poultry Equipment etc. Flooring Wood Flooring, Plastic Flooring, Carpet, Ceramic Tile, Marble Flooring Foodstuffs Oranges Fish Packaged Rice, Packaged Grain, Bulk Grain Iron Iron Pipes, Steel Pipes Steel Iron Building Material, Steel Building Material Leather Articles Saddles Leather Handbags Leather Jackets, Shoes Machinery Metal Working Machinery Cigarette Making Machinery Machines Sewing Machines Printing Machines Pipes Plastic Pipes PVC Pipes Steel Pipes Copper Pipes Plastic Goods Plastic Kitchenware, Plastic Houseware, Industrial Plastics Toys, New/Used Auto Parts Polyurethane Polyurethane Threads Polyurethane Medical Gloves Personal Effects Household Goods Rubber Articles Rubber Hoses Tires Toys Rubber Conveyor Belts Rods Welding Rods Rebar Aluminum Rods Reactor Rods Scrap Plastic Scrap Aluminum Scrap Iron Scrap STC (Said to contain) General Cargo FAK ( Freight of All Kinds) "No Description" Tiles Ceramic Tiles Marble Tiles Tools Hand Tools Power Tools Industrial Tools Wires Electric Wires Auto Harness Coiled Wire (Industrial) C) What might be the repercussions for importers if the entered classifications and the manifest classifications using the HTS designations are not identical? Answer: Absent fraud, it is not anticipated that the importer would incur penalties in these situations. CBP will work with the carrier to correct errors and through post audits we will be able to notify carriers that certain cargo descriptions are not precise. If it is determined that the carrier is consistently submitting conflicting information and CBP has routinely notified the carrier of this problem, penalties can be assessed. When there is conflicting information, the importer should notify the shipper of any incorrect classifications to ensure it is corrected for future submissions. As for the HTS number, CBP is referencing the United States Harmonized Tariff Schedule. If there is a doubt as to what number to input, the shipper could provide a detailed description. D) Will cargoes loaded onto Mafi or bolster type container equipment (that is, container platforms with open tops and no sides) be considered containerized and therefore the carrier can rely on "shippers declared description and weight of cargo". Answer: Since the cargo is visible and is not sealed CBP will not accept Shipper's Load and Count. 31. Data Element #8 - Shipper's Name and Address: Freight forwarders may contract with carriers under FMC service contracts as "agents for" various shippers. Is it correct that the name and address of the actual shipper, and not the name and address of the freight forwarder, must be used? If the forwarder appears "as agent for" the shipper, is it correct that the shipper should be the second named party? Answer: Under this particular set of fact, the name and address of the actual shipper must be used. The second notify party is to allow parties that are automated with CBP to receive electronic information concerning the shipment. Therefore, the shipper is not an acceptable entry for this data element. This narrow question raises the more general issue of adequacy of the shipper description. Currently, the information CBP receives about the shipper is not helpful in making risk determinations. For example, identifying the shipper as a carrier, bank or importer does not provide CBP with useful information. Providing this type information will invite closer scrutiny and increase the likelihood that the shipment will be examined. However, the adequacy of the shipper description will not be the initial focus of CBP' enforcement of the 24 hour rule, although CBP may issue "do not load" messages for shipments where the shipper description is left blank. CBP will be defining the term shipper at a future time frame. 32. Data Element #9 - Consignee and To Order Bills: Item (ix) provides that for "to order" bills of lading, where there is no consignee, this information item should include the name of the cargo "owner or the owner's representative". The regulation does not state any limitation or definition of who an "owner's representative" can be, so we assume it does not require a name or address in the United States, and can be whoever the shipper states on the bill of lading. Please confirm. Answer: CBP recognizes that for business and financial reasons "to order" must be placed in the consignee field. Therefore, CBP has decided that "to order" without corresponding information will be acceptable in the consignee field. However, when 'to order" is used in the consignee field the first notify field must contain the owner or owner's representative with the U.S. name and address. CBP recognizes that for FROB cargo the actual consignee will not be located in the United States. Therefore, in such cases where the bill of lading is "to order" and FROB cargo the owner or owner's representative name and foreign address must be listed in the first notify field. 33. Data Element #14 --Seals: Item (xiv) requires the "seal numbers for all seals affixed to containers." We find no requirement in law that a shipper loading a container must seal the container. Nor can a vessel carrier confirm who affixed the seal when the container is stuffed. Only the shipper is in a position to do that. The carrier, however, can check the seal number when it receives the container. A) What should a carrier 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 item 13 of the Agreement to Voluntarily Participate in C-TPAT, sea carriers are expected to "ensure high security seals or locks are affixed on all loaded containers". 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 sea 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 (within the 24-hour period) the carrier should notify CBP, but the 24-hour review start time will continue to be based on the transmission of the original bill of lading data. The seal data field will not be CBP' initial focus in enforcing the 24 hour rule; however, 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/NVOCCs to transmit information in seal data field that indicates no seal, tampered seal or broken seal. B) It is not unusual for offshore customs authorities to inspect an export container just prior to vessel loading, and then affix a new seal. This will occur after the CF 1302 with the original seal number has been filed with CBP. Under the Carrier and Super-Carrier Initiatives, carriers have procedures to track seal changes, and CBP follows-up on a case-by-case basis. Please confirm that this procedure is the way to address seal changes post - CF 1302 filing. Answer: The carrier should notify CBP at the same location where they are submitting their cargo declaration. Additionally, carriers should try to obtain documentation that an export examination was conducted by a foreign agency. CBP has continually stated that if cargo declarations are amended or changed the 24-hour clock would begin from the date and time that CBP received the last transmission. If the carrier or NVOCC can provide documentation from foreign customs to the CBP port where the cargo declaration was submitted, the port may waive the requirement for a new 24-hour clock. 34. NVOCCs: What appears clear is that CBP will require NVOCCs' cargo descriptions and house bill of lading information to be filed electronically in AMS: by the NVOCC itself obtaining a bond and becoming automated, by the NVOCC using a vessel carrier to file in AMS its cargo declaration and house bill of lading information for it, by the NVOCC using an automated NVOCC to file the information for it, or by the NVOCC using an automated third party filing service. Answer: Bullet 1 - In this example, the automated NVOCC will file their cargo declarations directly to CBP. This process is the same as the carriers who file directly to CBP. The additional requirement is that the NVOCC must place the contracting vessel carrier, not the vessel operating carrier in the second notify party location. Each second notify party that is identified will receive messages from CBP every time a bill of lading has been changed, held and released. The identifiers included in the transmission are: - SCAC - Bill of Lading # - Vessel Name - Disposition Code - Voyage # - Quantity - Manifest Sequence # - Entry Type - IMO # - Entry # - Port of Unlading - Action Date and Time - Date - Container # Bullet 2 - In this example, the non-automated NVOCC must supply the carrier with the detailed cargo declaration information and the carrier will input the bill of lading in AMS as if it was their own. Bullet 3 - In this example, the non-automated NVOCC must submit their cargo declaration information to the AMS NVOCC who is presenting the container to the carrier. The AMS NVOCC will input the cargo declaration as if it was thei