(May 1, 2006)

Currently, when a truck arrives at a port and the required cargo information has not been transmitted to US Customs & Border Protection (CBP), no enforcement action is taken if the driver is able to present proof that the required electronic cargo information was sent to an ABI filer prior to the arrival at the port. This procedure was implemented due to the fact that the truck carrier did not have the ability to transmit cargo information to CBP and had to depend upon a third party (the ABI filer) to transmit the required cargo information to CBP on the carrier’s behalf.

Today, with the implementation of the Automated Commercial Environment (ACE) at various Northern and Southern Border Ports, the carrier no longer has to depend upon the ABI filer to transmit the required cargo information to CBP. Instead, the carrier may transmit its advance electronic cargo information to CBP directly via the ACE Truck Manifest system either through the carrier’s own ACE portal or through its Electronic Data Interface (EDI) system. In addition, the carrier may have its information transmitted to CBP with the assistance of a service provider or other party that has direct transmission capabilities. It is the carrier’s business decision to send the required electronic cargo information to CBP via an ABI filer, or directly to CBP via ACE by becoming an ACE participant.

In the case of quota class merchandise (live entries), the manifest must clearly identify quota merchandise. These shipments shall be referred to secondary for processing in accordance with QBT-04-023. At this time, the advance manifesting requirements for quota class merchandise (PAPS, QP) will not be enforced, since the entry/entry summary will be prepared after the carrier arrives in secondary.

In cases where an ACE participant arrives at the border and has failed to comply with the Trade Act, the driver will be referred to secondary, where he will wait until the required cargo information is electronically received by CBP. Once the required cargo information is received, the conveyance and cargo will be processed in accordance with existing procedures. At this time, no action (penalty or denial of entry) will be taken against an ACE participating driver, who fails to comply with the Trade Act.

For ports that do not currently have ACE, the provisions of this policy shall be implemented 30 days after the date ACE was fully deployed and operational.