National Cargo Security Council

January, 2003

24-hour cargo manifest rule

The Rule: The U.S.Customs Service will require carriers and non-vessel-operating common carriers, or NVOCCs,  that are transporting cargo to the U.S. from a foreign port to file certain manifest information 24 hours before the cargo is loaded on a ship.

Effective Date: Dec.2 2002. Customs is allowing a 60-day period beyond that date, until Jan. 31, 2003, before it begins enforcement action against non-complying carriers.

Required information:

• Shipper’s and consignee’s complete names and addresses.
• Precise description of cargo, including weight and piece count.
• Port where the cargo is loaded.
• Last foreign port before the vessel departs for the U.S.
• Vessel name, number, country of documentation, Standard Carrier Alpha Code (SACC), and voyage number.
• Scheduled date of arrival at first U.S. port.
• First foreign port where the carrier takes possession of cargo.
• Hazardous material code.
• Container number.
• Container seal number – serial number of last seal applied when the container is loaded.

Custom’s responses to comments include these examples:

• 24-hour notice required for:

• Shipments from the Virgin Islands but not Alaska, Hawaii, or Puerto Rico.
• U.S. government or military shipments.
• Short voyages.
• Freight remaining on board, FROB, cargo aboard a vessel calling at a U.S. port but consigned to a foreign port later in the voyage.
• For “to order” shipments that are sold in transit, Customs will require the name of the owner of the goods, or the owner’s representative.
• Bulk vessels are exempt,  breakbulk carriers will be exempted on a case-by-case basis.
• Ships relaying containers between foreign ports, but not calling at U.S. ports, are exempt.

Filing through the Automated Manifest Systems:

• NVOCCs must have a standard international carrier bond.
• NVOCCs that use AMS will be treated as carriers.
• The carrier or NVOCC that has access to AMS must use the system.
• The AMS “second notify party” field will be used to notify a carrier when an NVO files data.
• AMS in the future will provide confirmations so containers may be loaded. Until then, no container is loaded until the 24-hour period ends.
• Each shipment in a container must have its bill of lading filed individually.

Cargo data:

• Information  must be complete, or AMS will reject it.
• Vessel operators must include the NVOCCs on its manifest.
• Carriers and NVOCCs must provide “precise” cargo descriptions. Harmonized tariff numbers are encouraged. Generic descriptions such as “freight all kinds” or “general cargo” are not acceptable, nor are generic descriptions such as “chemicals” or “foodstuffs.”

Confidentiality:

• Data filed 24 hours in advance of loading will not be released until the ship files its complete manifest on arrival at a U.S.port.
• NVOCCs that do not use AMS must file cargo data through the ocean carrier.

Liability:

• Carriers or NVOCCS that use AMS are liable for any errors, omissions or untimely information.
• Carriers and NVOCCs must communicate with each other about containers that are left behind when a ship sails.
• If a vessel operator does not load an NVOCC’s container after it files the ship’s manifest, the NVOCC is obligated to amend its information to Customs.
• If a carrier lands an NVOCC container at the wrong port, the NVOCC will not be held liable if it has filed its cargo declaration correctly and on time.

Customs intends further rule-making to:

• Expand the number of parties who may file biennial confidentiality certificates on behalf of shippers.
• Outline procedures for reporting and correcting manifest discrepancies.