customs brokerage, freight forwarding and truck transportation

New U.S. Customs Regulations Regarding “In-Bond” Shipments

: US Customs

U.S. CBP to Make Changes to the “In-Bond” Process Starting November 27 2017-11-24

At the end of September 2017, U.S. Customs and Border Protection (CBP) issued message CSMS #17-000621 and published a final rule in the Federal Register detailing changes to the “In-Bond” process.
 
Under the new CBP requirements, effective November 27, 2017, carriers must file their In-bonds (e.g. T&E, IE and IT bonds) ELECTRONICALLY, with only limited exceptions.
 
Per the Federal Register notice, electronic In-Bonds are required for ocean, rail and truck cargo. The methods available to submit In-Bonds are through ACE (manifest) or ABI (QP/WP).
 
Other IMPORTANT changes:
  • CBP will now require a six-digit HS tariff number for all In-Bond shipments. This is a MANDATORY requirement. 
  • CBP will now require a detailed commodity description. Generic descriptions, such as Textiles, Garments, Auto Parts, Electronics, Furniture, Foodstuffs, will no longer be acceptable. The description must set forth the exact nature of the merchandise with sufficient detail to enable CBP and other government agencies to determine if the merchandise is subject to a rule, regulation, law, standard or ban relating to health, safety or conservation.
To avoid processing delays for In-Bonds, and possible storage charges, carriers, freight forwarders, exporters and importers need to include in the body of their transport documents (e.g. Bill of Lading, House Bill, Air WayBill, etc.) the correct HS tariff classification (minimum to the sixth digit) as well as the detailed commodity description of the cargo.
 
Flexible Enforcement Period:
 
Per the Federal Register notice: In order to provide the trade with sufficient time to adjust to the new requirements and in consideration of the business process changes that may be necessary to achieve full compliance, CBP in implementing and enforcing the rule, will take into account challenges that carriers may face in complying with the rule, so long as carriers are making satisfactory progress toward compliance and are making a good faith effort to comply with the rule to the extent of their ability. This flexible enforcement will last for 90 days after the effective date of this rule. Additionally, CBP will provide guidance on the new requirements and endeavor to conduct outreach to interested parties in order to facilitate a smooth transition to the new requirements.
 
Per CSMS #17-000736 (Nov.22): This message is to notify CBP and the trade community that implementation of the updated In-Bond regulations …will occur on November 27, 2017.  While the trade community should continue to make every effort to ensure that all in-bonds are submitted electronically from that date, CBP ports will not begin enforcement of those regulations on that date.  CBP is working on an enforcement strategy to address identified issues.  CBP field offices and the trade community will receive additional information when final decisions are made.

 
Source: CBP & U.S. Federal Register

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