Page 21: of Maritime Reporter Magazine (April 2003)

cargo declaration electronically, either directly or through an agent. Carriers participating in the Sea AMS program are required to submit the cargo declara- tion electronically. As noted above, the

Coast Guard is requiring that, as of July 1, 2003. the advance vessel cargo decla- ration be submitted electronically to

Customs via Sea AMS.

Accurate and Complete Submittals

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 six-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 no longer be accepted. Likewise, gener- al characterizations, such as 'chemicals' or 'foodstuffs', are considered overbroad.

The carrier should not accept cargo from a shipper unless the description provid- ed is consistent with the above require- ments. "No Load" Messages

Customs will attempt to screen all advance vessel cargo declarations within 24 hours of receipt. If it perceives a security risk with regard to a particular container or other cargo, it will direct the carrier to not load that cargo. The cargo subject to the 'no load' order will then be examined by appropriate offi- cials. Customs will not send messages stating that any particular cargo is cleared for loading. Rather, the carrier may load any cargo reported in its advance vessel cargo declaration for which a 'no load' message was not received within 24 hours of submittal.

In the absence of new information.

Customs is unlikely to require special inspection of cargo included in an advance vessel cargo declaration when that cargo arrives in the United States.

Being a government agency though.

Customs will not provide any guarantees to this effect.

Results to date

While the avowed purpose of the 24- hour rule is to allow Customs to identify suspect cargoes before they are loaded on ships bound for the United States, there is some indication that the rule has turned into another reporting exercise.

In the first full week of enforcement.

Customs reviewed more than 142,000 advance vessel cargo declarations. It issued 13 'no load' orders, all based on inadequate cargo descriptions. The agency is now focusing on the timeli- ness of submittal and expects to begin issuing penalties in the near future for ships that load cargoes less than 24 hours after submitting the advance ves- sel cargo declaration. It is hoped that, eventually, the system will start serving its true purpose.

Immigration Advance Notice

Requirements

The Immigration section of the Bureau of Customs and Border Protection (nee

Immigration and Naturalization Service [INS]) does not currently require that the arrival manifest be submitted until

Government Update the ship actually arrives in a U.S. port.

Rather, Immigration relies on the infor- mation submitted to the Coast Guard as part of the advance notice of arrival regarding crew and other persons on board. It should be noted that the infor- mation required by Immigration upon

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