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Intermediary October 2003
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USA Customs 24 Advance Manifest Rule
Following the tragic events of 11th September 2001, the US Government put in place various security measures to assist the Bureau of Customs and Border Protection (CBP) (until recently known as the US Customs Service) in locating import containers and shipments which could pose a terrorist threat.
At the end of 2002, the CBP introduced the 24-Hour Rule. This Rule requires sea carriers loading containerised cargo for the USA at foreign ports to provide cargo manifests containing full details of cargo to the CBP through the Automated Manifest System (AMS) 24 hours prior to loading on the ship. Although much has been written on the subject, ITIC has delayed providing its comments until the impact of the Rule on sea carriers and their agents became more apparent. Although the impact of the 24 Hour Rule is still not entirely clear, in response to numerous enquiries from Members we set out below our current understanding of the position.
The details of cargo which must be entered into the AMS are very specific and must include the following:
(i) name of last foreign port before the ship departs for the USA;
(ii) carrier SCAC (the unique Standard Carrier Alpha Code assigned to each carrier) - this can relate to the ship owner, a joint service partner or an NVOC;
(iii) carrier-assigned voyage number;
(iv) date ship is scheduled to arrive at first US port in Customs territory;
(v) numbers and quantities from the carrier's ocean bills of lading, either master or NVOC, as applicable;
(vi) name of first foreign location (which need not be a sea port) where carrier took possession of cargo destined for the USA;
(vii) precise description (or Harmonised Tariff Schedule [HTS] numbers under which cargo is classified) and weight of the cargo or, for a sealed container, the shipper's declared description/weight;
(viii) shipper's complete name and address, or identification number, from all bills of lading;
(ix) complete name and address of the consignee or the cargo owner or owner's representative, or identification number, from all bills of lading;
(x) name of ship, country of registry, and official ship number;
(xi) name of foreign port where the cargo is laden on board;
(xii) internationally recognised hazardous material code when such materials are being shipped;
(xiii) container numbers (for containerised shipments); and
(xiv) numbers of all seals affixed to containers.
Carriers of break-bulk cargo (defined as non-containerised cargo which is packaged or bundled) may be exempted from the 24 hour Rule but the US Customs will evaluate each application for exemption on a case by case basis. However, carriers of break-bulk cargo will still have to file their cargo declarations 24 hours prior to arrival at the US port. Carriers of bulk cargoes (defined as homogeneous cargoes stowed loose in holds) are exempted from the 24 Hour Rule.
Penalties for failure to transmit manifest details in a timely manner, or for transmitting incorrect or incomplete details:
• issuance of "do not load" orders by the CBP, which could result in cargo being left behind;