Issue 471, April 28, 2005

U.S. Customs and Border Protection (CBP) has published additional information effecting shipments crossing from Canada into the United States relating to the new security requirements.

On December 15, 2004 CBP began implementation of the Truck Trade Act enforcement strategy, which included penalties only for egregious violations of the PAPS requirements. Additionally, CBP also outlined the enforcement strategy for egregious violations of the in-bond requirements that began on January 3, 2005.

CBP created three enforcement phases: Phase 1 for in-bond, Phase 2 for PAPS and Phase 3 for BRASS. Phases 1 & 2 have been implemented on schedule. The compliance date for the implementation of Phase 3 enforcement was initially scheduled to begin on January 31, 2005. The compliance date was relaxed due to a surge in FAST driver applications that created a backlog of applications at the Fast processing centers. On January 12, 2005 CBP issued an extension of the compliance date for Phase 3 enforcement to May 1, 2005.

The following guidelines are the most current strategies that Ports of Entry will follow during the corresponding dates for each phase.

Phase 1 (in-Bond) All Groups
For any truck arriving with in-bond shipments (QP/WP and CAFES) that have not been transmitted electronically to CBP, the following guidelines will be implemented:

Effective May 16, 2005 a Denial of Entry (turning the truck around) will be issued to the driver who fails to provide CBP with electronic cargo information prior to arrival and does not have a QP barcode (or in-bond number). For carriers that can provide proof that the information was timely provided to the broker prior to arrival, a noncompliance letter will continue to be issued to the broker and carrier. No denial of entry will be issued to the carrier.

Denial of entry will be issued to a driver who does not have a valid CAFES barcode that transmits the required electronic cargo information.

Phase 2 (PAPS) All Groups
For any truck arriving with a PAPS entry that was not electronically received by CBP, the following guidelines will be implemented:

Information Notice 05-FO-20
April 27, 2005

Effective May 16, 2005 a Denial of Entry (turning the truck around) will be issued to the driver who fails to provide CBP with electronic cargo information prior to arrival and does not have a PAPS barcode (or entry number). For carriers that can provide proof that the information was timely provided to the broker prior to arrival, a noncompliance letter will continue to be issued to the broker and carrier. No denial of entry will be issued to the carrier.

Phase 3 (BRASS) All Groups
For BRASS entries where the driver does not present a valid FAST ID card, the following guidelines will be implemented:

Ports will issue the BRASS Notice of Noncompliance through April 30, 2005.

Effective May 1, 2005 if a driver arrives at the border with a BRASS shipment but does not present a FAST ID card, the driver (in care of the carrier) will be liable to a penalty under 19 USC 1436. Having applied for a FAST ID card will not excuse the driver from the violation.

Effective May 16, 2005 if a driver arrives at the border with a BRASS shipment but does not present a FAST ID card, the conveyance will be denied entry into the United States (turned around). Having applied for a FAST ID card will not excuse the driver from the violation.

This requirement does not currently apply at the ports of Eastport, Idaho; International Falls, Minnesota; Grand Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards are not available but will be required by a separate Federal Register Notice when they become available.

Note: CBP recognizes that there are restrictions on how many hours a driver is allowed to drive before having to meet mandatory rest requirements. Subsequently, in trucks arriving with a BRASS shipment where there are two drivers, CBP only requires that the driver with the FAST ID card be the one who signs the manifest. CBP does not require that the driver with the FAST ID card be physically driving at the time of entry. However, he must be in the truck and present his FAST ID card at the time of entry.

For further information, please contact your local DHL Danzas Air & Ocean representative.

Please note that due to the complex nature of the subject matter, DHL Danzas Air & Ocean cannot be responsible for actions taken by the reader in reliance on the information contained herein without prior consultation with DHL Danzas Air & Ocean.