Page 22: of Maritime Reporter Magazine (April 2004)

Government Update the carrier must report this other com- mercial party's identity and contact information (address) in the "Notify

Party" field of the electronic data trans- mission to CBP.

Shipper 22

Another change provided for the

Advance Electronic Presentation Rule proved particularly controversial. The rule changed the definition of shipper to "the identity of the foreign vendor, sup- plier, manufacturer, or other similar party." Vessel owners and operators immediately complained, asserting that carriers normally do not have access to the identity of the foreign vendor, sup- plier, manufacturer, or similar party.

The extent of the carrier's information is generally limited to that found on the bill of lading. On February 23, 2004,

CBP issued a Notice stating that is delaying indefinitely implementation of the change to the "shipper" element of the advance manifest filing requirement as provided for in its Advance

Electronic Presentation Rule. The pur- pose of the indefinite delay is to allow

CBP time to review a petition submitted by trade representatives challenging the definition of shipper. Until this issue is resolved. CBP will continue to enforce the requirements for the data element "shipper" as promulgated in the 24-Hour

Rule.

Export Cargo

Similar reporting requirements have been promulgated with regard to cargo to be exported from the United States by ship. The major difference is that the burden of filing the export report has been placed on the exporter, rather than the carrier. The duty placed on the car- rier is limited to ensuring receipt from the exporter of the appropriate confir- mation that the required reports have been made. CBP has yet to announce the date on which this export report requirement will come into effect.

Summary

Under the combined effect of the 24-

Hour Rule and the Advance Electronic

Presentation Rule, the paperwork relat- ed to bringing cargo to the United States by vessel has become significantly more complicated. Implementation of these requirements has not been made any easier by the short deadlines imposed by

CBP. As a result of those short dead- lines, difficulties with issues such as assigning responsibility for acting as the carrier and identifying the shipper have generated problems that would have been avoidable if a more measured pace of regulatory development had been adopted. Further, CBP made minimal effort to educate the regulated commu- nity about the need for the SCAC and the ICB. Unfortunately, the industry is now in the unenviable position of hav- ing to adapt to the new rules in an artifi- cially short time frame, with the agency making last minute changes as problems surface. Hopefully, changes coming with regard to the export process will prove more manageable.

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland <&

Knight, Washington, D.C., is a con- tributing editor of MR/EN.

Maritime Reporter & Engineering News

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