Effective Dec. 2, Customs requires both vessel operators and non-vessel-operating common carriers to file their cargo manifests to the agency 24 hours prior to loading on ships overseas. The agency gave the industry a 60-day grace period to comply with the regulation before it would begin imposing penalties.
“Notwithstanding the fact that concerns about the ability to comply with the new regulations are expected to be expressed by various parties in the coming weeks, we strongly recommend that all carriers, shippers and marine terminals handling U.S. destination cargo operate with full recognition of their clear statements by the U.S. Customs Service that there will be extension of the time beyond February 2 for enforcement of the new requirements, and that penalties for non-compliance can be substantial,” the World Shipping Council in a statement Jan. 14.
The council outlined for its members the key areas of the manifest process that Customs will insist on immediate compliance:
* No freight all kinds (F.A.K.), “said to contain,” or “consolidated shipment” cargo descriptions allowed.
* All information items on the cargo declaration forms must be filled out accurately and completely.
* Cargo declarations are to be filed 24 hours before vessel loading.
* NVOs must file their cargo manifests either in AMS themselves using a third-party service provider or asking ocean carriers to file their cargo declarations.
Customs Commissioner Robert C. Bonner warned the shipping industry last week that the agency intends to impose monetary penalties for non-compliance, instruct carriers not to load non-compliant containers, and to deny carriers the ability to unload non-compliant containers in U.S. ports.
The World Shipping Council said it would continue to work with Customs to “seek greater clarity and guidance on certain issues involved in the implementation of new rules,” and has asked the agency “not to penalize parties who are trying in good faith to comply with the new rules for violations of requirements that deserve further guidance from the agency.”
“Customs has expressed a desire and willingness to work with the industry in this regard,” the council said. “This does not imply, however, that carriers and shippers should not plan on full compliance on Feb. 2.”
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