CBP to Begin Testing Pre-Departure ACE Export Manifest Filing for Ocean Cargo

CBP will begin a test of ocean cargo manifest filing for exports within the Automated Commercial Environment, the agency said in a notice (here). The voluntary test will require participants to submit export data electronically at least 24 hours before loading, the agency said. Currently, the complete manifest is required on paper CBP Form 1302-A after departure, said CBP. The pilot will begin on Sept. 21 and is scheduled to last for two years, said CBP.

The pilot will help to test the "the feasibility of requiring the manifest information to be filed electronically in ACE within a specified time before the cargo is loaded on the vessel," CBP said. The test will also further work toward the International Trade Data System and incorporation of the Automated Export System within ACE, said CBP. CBP will use the pre-departure data for targeting of "high-risk vessel cargo," it said.

CBP plans "to begin rulemaking to require the submission of electronic export manifest data before the cargo is loaded onto the vessel for all international shipments destined from" the U.S., following analysis and evaluation of the test, it said. The test is similar to another recently announced pilot for pre-departure ACE export air cargo manifest filing (see 1507090011), which elicited some concerns from the Advisory Committee on Commercial Operations (see 1507310012).

Pilot participants must "agree to submit export manifest data to CBP electronically, at least 24 hours prior to loading of the cargo onto the vessel in preparation for departure" from the U.S., said CBP. "If the vessel carrier files this ACE Export Manifest data, the filing is in lieu of the paper filing of CBP Form 1302-A and copies of bills of lading or equivalent commercial documents relating to all cargo encompassed by the manifest," the agency said. "If a freight forwarder or non-vessel operating common carrier (NVOCC) files the ACE Export Manifest data, the carrier is still required to file" either the paper CBP Form 1302-A with copies of bills of lading or equivalent commercial documents; an electronic equivalent, if the vessel carrier is approved for this procedure, or the ACE Export Manifest data, said CBP. Benefits to participants include reduced paper-related costs and "facilitation of corporate preparedness for future mandatory implementation of electronic export manifest submission requirements," said CBP.

The manifest information should be available "early in the planning stages of an export vessel transaction," said CBP. The 24-hour window prior to loading should allow "adequate time for proper risk assessment and identification of shipments to be inspected early enough in the supply chain to enhance security while minimizing disruption to the flow of goods," said the agency. "Any vessel cargo identified as potentially high-risk will receive a hold until required additional information related to the shipment is submitted to clarify non-descriptive, inaccurate, or insufficient information, a physical inspection is performed, or some other appropriate action is taken, as specified by CBP. Once the cargo is cleared for loading, a release message will be generated and transmitted to the filer."

The test data elements differ slightly from the data elements required on CBP Form 1302-A, said CBP. There's up to 27 data elements that may be required prior to departure, depending on the cargo, it said. While CBP isn't testing data elements for other agencies, it may "enhance the test in the future with additional data or processing capabilities," said CBP. CBP seeks a total of nine stakeholders to take part in the test, it said. The test doesn't include any legally binding obligations on CBP or participants and there's no plans to levy punitive measures for non-compliance, CBP said.

(Federal Register 08/20/15)