Having been holed up at home for days with a terrible flu, I have found many interesting, if not amusing, topics have run through my head (not to mention random dreams, which, not to worry, I will not be discussing in the blog).
One trade related topic that crossed my mind had to do with notifications to US Customs regarding cargo arriving to the U.S. It turns out that specific federal regulations exist mandating the transmission of data on incoming cargo not only when transported by vessel or airplane, but also by railroad and truck.
As I found the data transmission rules a bit curious, I've decided to share them with you below.
1) Commercial vessels (ships): US Customs must receive a declaration of a vessel's cargo 24 hours before the cargo is laden (loaded) aboard the ship at the foreign port. [19 CFR 4.7]
This rule actually seems a bit extreme to me but I recognize the idea is to catch suspect cargo before it ever gets near the coast of the U.S. Given the nature of how container ships are a series of stacked container boxes, it would be difficult to search a container while out at sea. Interestingly however, if that needed to be done, US Customs works with the US Coast Guard and together, they conduct cargo inspections out in the “territorial waters” of the U.S., which, in everyday language means, out up to 12 miles from the actual coast of the U.S.
2) Commercial air carriers (planes): Incoming airborne commercial cargo is subject to 2 different rules under 19 CFR 122.48a:
If arriving from a foreign port, then data must be received no later than 4 hours prior to the aircraft's arrival in the U.S.
If arriving from a port or place in North America, information must be received by US Customs no later than the aircraft's departure.
3) Railroad: US Customs must receive cargo data no later than 2 hours prior to the cargo's arrival at the first port of arrival in the US [19 CFR 123.91]
4) Truck: Depending on the electronic data relaying system used by the carrier, U.S. bound trucks with commercial cargo must notify US Customs no later than 30 min., or one hour, or a lesser authorized period, prior to the cargo's arrival at the first port of arrival in the U.S. [19 CFR 123.92]
Outgoing cargo is likewise subject to rules governing notification to US Customs. Under 19 CFR 192.14, irrespective of its mode of transport, transmission to US Customs of export cargo information must be made through the Automated Export System as follows:
Vessels: 24 hours prior to departure
Air Carriers: 2 hours prior to departure
Truck: 1 hour before arrival at the border
Train: 2 hours before arrival at the border
As with so many of US Customs regulations, all of its general rules have specific ones when dealing with particular types of cargo. For example, in dealing with exports of defense articles, which require certain US Dept. of State licenses, the time frames for reporting export information are stricter for all modes of transit except vessel, which remains the same. [22 CFR 123.22]
For air or truck shipments, export information must be transmitted to US Customs at least 8 hours prior to departure (as compared to 2 hours prior to departure, and 1 hour before arrival at the border, respectively).
For rail shipments, export information must be electronically filed at least 24 hours prior to departure (as compared to 2 hours before arrival at the border).
Questions or comments about notifications to US Customs for inbound or outbound cargo? Feel free to email me at clark.deanna@gmail.com
Thank you, for such a clear and comprehensive post. Since I’ve been reading you, I feel I have begun to understand more about this topic. Please keep writing. I just hope people are listening to you and reading you.
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