Archive for the ‘Highway Carrier’ Category


 

AMPS Changes to ACI eManifest Effective November 1, 2016

 

 

 

 

 

 

Canada Border Services (CBSA) has announced changes to the Administrative Monetary Penalty System (AMPS) in the Third Phase of ACI, known as eManifest. These changes will take effect November 1st, 2016.

CBSA’s Advance Commercial Information System (ACI) introduced an effective risk management process to identify threats prior to arrival of cargo and conveyance into Canada. eManifest is the third phase of the ACI program.

Carriers in all modes of transportation are required to transmit cargo and conveyance data electronically to the CBSA prior to arrival. CBSA will issue monetary penalties to any carriers identified for non-compliance.

Penalties for ACI contraventions range from $250 to $8000 depending on the contravention and risk applied. The AMPS system is a graduated system and monetary penalties increase with continued non-compliance. Below is the grid of Penalties:

Contravention 1st Penalty 2nd Penalty 3rd and Subsequent Penalty
Person failed to submit pre-arrival information relating to their cargo and/or conveyance $2000 $4000 $8000 (and in all likelihood the conveyance will be turned around to submit the ACI information from the US in the prescribed format and timeframes)
Person failed to submit advance information in the prescribed time or prescribed manner to the Agency. $250 $375 $750
Person failed to notify the Agency within the prescribed timeframes and without delay of any correction to any pre-arrival information sent to the Agency. $500 $750 $1500
Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete. $500 $750 $1500
Person failed to comply with notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance. $2000 $4000 $8000


CBSA recognized the potential impact to clients of the monetary penalties and since January 2016, when they were implemented, CBSA mitigated penalty levels to just Level 1 regardless of repeated non-compliance. This was done in an effort to provide additional time for carriers to make appropriate changes to their processes and training requirements. CBSA is now moving forward with the graduated ACI penalties.

Effective November 1,2016:

  • Carriers who have never received a penalty will receive a penalty at level I if non-compliant.
  • Carriers who have received a penalty at level I will receive a penalty at level 2 for repeated non-compliance.

Effective December 1,2016

  • Carriers who have not received a penalty will receive a penalty at level I if non-compliant.
  • Carriers who have received a penalty at level 1 will receive a penalty at level 2 for repeated non-compliance.
  • Carriers who have received a penalty at level 2 will receive a penalty at level 3 for continued non-compliance.

Carriers must be compliant for at least 12 months to return to level 1.

CBSA has announced to the Canadian Trucking Alliance “that a letter will be sent to individual carriers and their company contacts most at risk for non-compliance or ACI contraventions. These letters will outline the AMPS penalty system and the number of instances of non-compliance for the carrier and an offer from CBSA to assist these carriers in correcting their issues. CBSA encourages these carriers to respond to these offers of assistance to take corrective action.” (http://Cantruck.ca/compliance)

Carriers are reminded that with the implementation of eManifest, transmission of highway pre-arrival cargo and conveyance data is in addition to the release requirements. If carriers are seeking the release of their goods at the first point of arrival (FPOA), they must contact the importer/broker prior to arriving at the FPOA to ensure the release request is submitted and accepted in the CBSA system. Having the ACI/eManifest data on file as per the requirements, as well as the release request on file will help ensure a faster and more efficient border crossing.

10 Ways CBSA is Improving EDI Communication with eManifest Electronic Notices

eManifest EDI CommunicationThe Canada Border Services Agency (CBSA) is improving two way communication with new electronic notices. These notices will communicate to carriers and importers the status and disposition of their shipments as they move through the commercial process whether that be via Electronic Data Interchange (EDI) or the eManifest Portal.

The first phase of these notices – Deconsolidation Notices and Document not on File, related to house bill close messages, were made available to carriers and importers (clients) on Thursday June 30, 2016.

The second phase of eManifest Notices was made available September 1, 2016 and included the remainder of the eManifest Notices. The following is the list of Notices available now with a brief description of what the Notice entails:

  1. Matched
    Informs the clients that a specific trade document is linked to a related trade document. Example: When a Pre-Arrival Review System (PARS) shipment has been submitted and the related cargo has already been submitted, then the PARS is matched.
  2. Not Matched
    Informs the clients that either no links to a related trade document have been established, or that a document that has previously been matched to another document becomes unlinked through a change or cancellation. Example: When a PARS has been submitted but the related cargo has not yet been submitted, the PARS is not matched.
  3. Cargo Complete
    Informs the client that a non-consolidated primary cargo document has been submitted to and accepted by the CBSA. If consolidated, it indicates that all of the related Secondary Cargo (House Bills) has been transmitted. Documents that have achieved this status have not yet been linked to a related PARS or Integrated Import Declaration (IID) documents.
  4. Document Package Complete
    Informs clients that the cargo and all other required pre-arrival trade documents, including related release documentation necessary for CBSA to determine if the goods should be released (PARS or IID), have been submitted to and accepted by the CBSA.
  5. Reported
    Informs the client that their cargo has been presented to the CBSA at the Port of Report or First Port of Arrival.
  6. Arrived
    Informs the client when goods have been authorized to be removed from a CBSA office, a sufferance warehouse, or a bonded warehouse for use in Canada.
  7. Document Not on File
    Informs clients that a CCN that is not in good standing, was quoted on a trade document which has been submitted to the CBSA. When clients transmit documents that reference other trade documents that it is expected to link to, a Document Not on File Notice will be sent automatically to the sender of the referenced document that is not in good standing. Documents that will trigger this notice are a House Bill Close Message, PARS, IID, Release on Minimum Documentation (RMD) and B3. Carriers or Freight Forwarders that are quoted on the submitted documents will receive this notice for Cargo Control Documents (CCNs) that have been cancelled, or rejected, or not on file.
  8. Authorize to Deliver
    Informs Customs Self Assessment (CSA) clients that their CSA goods can be delivered to the intended recipient.
  9. Released
    Informs clients when goods have authorized to be removed from a CBSA office, a sufferance warehouse, or a bonded warehouse for use in Canada.
  10. Held for CBSA
    Informs clients that their goods are being held for further determination or processing and cannot be released.

In order to receive electronic notices all clients including Primary Notify Parties, Secondary Notify Parties and Automated Notify Parties, must be registered with the CBSA. They must also have their EDI communications profiles set up to receive EDI notifications. An EDI profile is a set of data that identifies clients EDI communication preferences and methods with the CBSA and EDI addresses to which notices are to be sent.

Clients can contact the CBSA TCCU for information on how to register to receive the notices currently available to clients contact the [email protected]

ACI eManifest and the Definition of a Consolidated Shipment

ACI eManifest Help

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

There is much confusion surrounding what is considered a consolidated and deconsolidated shipment. Considering one requires multiple cargo control numbers and therefore multiple declarations while the other does not, it’s important to understand the difference. So let’s first take a look at the definitions of each:

Canada Border Services Agency (CBSA) considers a consolidated shipment to be a number of separate shipments grouped together by a consolidator or freight forwarder and shipped under one cargo control document. A deconsolidated shipment is a consolidated shipment that is divided into individual shipments consigned to individual consignees and reported to the CBSA on individual cargo control documents.

Consolidated shipments have additional requirements for eManifest submission. Here is a typical consolidation shipment scenario:

  1. CBSA would expect one eManifest cargo transmission from the highway carrier per single contract of carriage or bill of lading.
  2. The highway carrier would be required to indicate “yes” for the consolidated freight indicator field of the cargo map within the eManifest. A consolidated freight indicator is an indicator that specifies whether house bill(s) are expected to follow by indicating if the freight is consolidated.
  3. Electronic house bill submissions that will be further deconsolidated must be identified as “consolidated” in order to ensure the cargo matching the process is complete for authorization to move, release and referral notifications to take place. A house bill close message is required for each cargo document or house bill that includes freight identified as consolidated.
  4. The CBSA would expect multiple eManifest house bill transmissions from the freight forwarder.
  5. CBSA would expect freight forwarders to transmit a house bill CLOSE eManifest message once all the house bills within a consolidated shipment have been sent to the CBSA and accepted by the system. For clarity a ‘house bill close message’ is provided by the freight forwarder to identify all house bills to a consolidated primary document or consolidated house bill document for closure purposes.
  6. Multiple Pre-Arrival Review System (PARS) or other release request types would be submitted by the importer or customs broker, quoting the multiple house bills. This can only be initiated with the arrival of the conveyance in Canada.
  7. The consignee would be listed as the Canadian freight forwarder or other consolidator who will de-consolidate the cargo(s) in Canada.
  8. Additionally, entry declarations, or releases, which are submitted by the importer or their customs broker, are required to be linked to the house bills of lading submitted by the freight forwarder and not the primary cargo(s) or CCNs submitted by the highway carrier to report (section 12(1) of the Customs Act) the goods at the First Port of Arrival (FPOA).

Consolidated shipments do not require specific commodity descriptions due to multiple cargo descriptions within the house bills attached. Instead a general description can be used such as “freight of all kinds.”

Consolidation shipments require the involvement of CBSA registered freight forwarders. These freight forwarders must possess a valid 8000 series Carrier Code. Freight forwarders are not involved in the international movement of freight unless bonded. Freight can not be moved or transported internationally by a freight forwarder, the freight must be transported across the border by a valid CBSA approved highway carrier.

Freight forwarders who are not already registered and participating in electronic house bills should contact the CBSA Technical Commercial Client Unit (TCCU) at [email protected] to register and get a copy of the ECCRD Chapter 5.

Freight forwarders can transmit their data on their own via an EDI transmission option or engage a third party such as Borderpro to transmit their data.

Have any questions or comments regarding consolidated shipments? Share them in the comments section below or email Ask Your Broker today.

In-Bond Trailer and Container Sealing Requirements

 

container-forklift-600Carriers who move goods in-bond from the First Port of Arrival (FPOA) into Canada may need to seal the trailer and/or containers as required by Canada Border Services Agency (CBSA).

Shipment sealing is required for:

  • Carriers who are participating in a CBSA Trusted Trader Program
  • Cargo that is controlled or regulated by an Act of Parliament
  • Cargo moving in-transit
  • Conveyance and containers moving from FPOA to a CBSA examination location as directed by CBSA.

Some exemptions apply to these sealing requirements when customs is overseeing the movement.

These exemptions include:

  • Inland Inspection
    Customs Self Assessment (CSA) carriers may move in-bond goods without a seal except in cases when CBSA requires an inland inspection. In this case CBSA would affix a seal on the load at the FPOA for transport to the examination warehouse. The load must then be delivered to the release point and/or examination warehouse designated by CBSA with the seals intact. If company seals are already affixed CBSA will accept those seals and notate them.
  • High Risk Convoy
    CBSA may permit a load to move in-bond to a destination under the convoy of a Border Services Officer (BSO), where the nature or type of vehicle is considered high risk. In this case the carrier will be expensed for the time and labour of the BSO to convoy and examine the shipment.

Tips:

  1. Ensure the seal remains intact
    This company seal must remain intact unless CBSA performs an examination at the FPOA. If the seal did not remain sealed and/or the seal was broken without CBSA approval, penalties may incurred.
  2. eManifest requirements
    When a company places a seal on a trailer, vehicle or container that contains in-bond goods, the seal number must be noted correctly on the pre-arrival conveyance transmission.

Please note, CBSA has the right to seal any conveyance, container or compartment at any time.

Have a question regarding in-bond trailer or container sealing requirements? Share them in the comments section below or email Ask Your Broker.

Highway eManifest: A Year in Review

 

It has been just over a year since eManifest became mandatory for highway carriers. On July 10, 2015, full compliance of eManifest came into effect and since January 11, 2016, non-compliant carriers may have been issued a Administrative Monetary Penalty System (AMPS) penalties.

The Canada Border Services Agency (CBSA) at the Pacific Highway port of crossing reports that for the most part, carriers have been compliant. However the occasional carrier has arrived without an eManifest filed. Additionally, some carriers do not report multiple pickups on a single Pre-Arrival Reporting System (PARS).

Here is a quick review of how a carrier can be compliant when filing an eManifest with CBSA:

  • Transmission of Electronic Data Interchange (EDI) cargo and conveyance data must be received and validated by CBSA no later than one hour before the arrival at the First Port of Arrival (FPOA).
  • All cargo data must be accepted by CBSA and on file in order to be subsequently linked to a conveyance. If a conveyance is transmitted quoting a cargo control number (CCN) that is either not on file or in reject status, the conveyance will be rejected.
  • The highway cargo submission will include but is not limited to:
    • A CCN that begins with the carrier’s 4-digit alphanumeric, CBSA-assigned carrier code followed by a unique reference number assigned by the carrier or service provider
    • Port of report and port of destination
    • A description of the goods
    • Shipper and consignee name and address
  • The CCN and Conveyance Reference Number (CRN) cannot be the same.
  • A machine readable bar code must be presented to the officer at the FPOA. The bar code must either be the CRN or the CCN or both.
  • Unless subject to an exemption or exception (see ECCRD or D-Memorandum for exemptions and exceptions) the carrier must provide a cargo submission to the CBSA for each shipment destined to Canada not being cleared as CSA.
  • Changes (pre-arrival) or amendments (post-arrival) to cargo data should be made as soon as they are discovered. Electronic changes by clients will be accepted up to the FPOA of the goods.

Failure to submit an eManifest or report all shipments can lead to a penalty of $2000 to $8000 Canadian Dollars per shipment not reported. Additionally, the carrier’s truck and shipments can be refused entry until an eManifest is filed within the prescribed time limits.

Pacific Customs Brokers is a third party service provider and knows how to be compliant with filing your ACI eManifest. Contact us at 855-542-6644 or email us [email protected]