The US Bureau of Customs and Border Protection (CBP) announced in the Federal Register Vol. 69, No. 43, revised compliance dates for advance electronic transmissions of information for cargo brought into the US by air. The original date set for compliance was March 4, 2004. There will be staggered starting dates for compliance, with the earliest compliance date set for August 13, 2004.

The compliance date for the advance electronic transmission of inbound air cargo information published Dec 5, 2003 (63 FR68140) has been modified. The Trade Act of 2002 required that the CBP promulgate regulations providing for the mandatory collection of electronic cargo information, by way of a CBP-approved electronic data interchange system, before the cargo is either brought into or sent from the US by any mode of commercial transportation (sea, air, rail or truck). The cargo information required is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP.

On Dec 5, 2003, CBP published in the Federal register a final rule specifically intended to effectuate the provisions of the Act. A new entry was added to the CBP Regulations to implement the Act's provisions relating to inbound air commerce. Section 122.48a(a) describes the general requirement that for inbound aircraft with commercial cargo aboard, CBP must electronically receive information concerning the incoming cargo in advance of its arrival. Section 122.48a(e)(1) set a general compliance date of March 4, 2004 for those air carriers required to participate, and other parties electing to participate, in advance automated cargo information filing. CBP has now set forth a revised implementation schedule in order to complete necessary modifications to the approved electronic data interchange system, train CBP personnel at affected ports and complete certification testing of new participants.

The CBP-approved electronic data interchange system, through which the affected parties will be required to transmit and receive information pursuant to these regulatory provisions, is known as the Air Automated Manifest System (Air AMS). Although CBP and certain trade members presently participate in Air AMS on a voluntary basis, the final rule established procedures not currently supported by the existing system edits in Air AMS. Therefore, CBP has undertaken to modify certain critical aspects of Air AMS. CBP will introduce these changes by May 13, 2004, when a 90-day certification testing period begins for all parties who develop Air AMS communications.
The compliance dates have been revised an they are staggered because they will allow CBP to deploy training resources for its personnel on a regional basis and prevent CBP from having to conduct certification testing from all new participants at one time.