Page 17: of Maritime Reporter Magazine (April 2004)

Government Update

U.S. Manifest Presentation Requirements

By Dennis L. Bryant

The United States, like all other nations, has required from its founding that manifests of imported cargo be filed with its Customs agency. Traditionally, the manifest was filed (or "presented") when the ship arrived in port. Official entry was not completed and cargo could not be unladed until the manifest was presented.

This process was drastically reworked following the horrific terrorist attacks of

September 11, 2001. The U.S. Customs

Service, since reorganized into the

Bureau of Customs and Border

Protection (CBP), demanded that the information be provided earlier and in greater detail.

Consignee

If there is a consignee of the cargo, that consignee must be identified. If there is no consignee (as when the ship- ment is 'to order'), the cargo owner or owner's representative must be listed.

Shipper

The manifest is required to identify the shipper of the cargo. For this purpose, 24-Hour Rule

On October 31, 2002, Customs prom- ulgated the so-called "24-Hour Rule."

This rule required carriers to present to

Customs a copy of the vessel's manifest at least 24 hours prior to lading the cargo on the vessel in a foreign port if the ves- sel was bound for a U.S. port with that cargo on board. For vessels carrying bulk cargo or specially-designated break-bulk cargo, the manifest did not have to be presented to Customs until at least 24 hours prior to the vessel's arrival in its first U.S. port.

Cargo Listing

The carrier is required to present an accurate and complete vessel cargo dec- laration. A precise description of the cargo (or the Harmonized Tariff

Schedule [HTS| numbers to the 6-digit level) must be included in the declara- tion. Generic descriptions, such as 'freight of all kinds' (FAK), 'general cargo', and 'said to contain' (STC) will not be accepted. Likewise, general characterizations, such as 'chemicals' or 'foodstuffs' will be considered over- broad. The carrier should not accept cargo from a shipper unless the descrip- tion provided is consistent with the above requirements.

The numbers and quantities of cargo must be reported in the lowest external packaging unit. For example, if a con- tainer holds 10 pallets of an item with 20 cartons on each pallet, the cargo should be reported as 200 cartons.

For sealed containers, the seal number of the last person or company to load the container must be listed. Participants in the Customs-Trade Partnership Against

Terrorism (C-TPAT) must affix seals to all loaded containers.

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