Posts Tagged ‘Transportation’


 

Notice of eManifest AMPS Penalty Assessments Now Issued at the Border

eManifest, AMPS penalty Notice of Assessments Now Issued at the Border

Call for Feedback on our Topic eManifest, AMPS penalty

 

The Canadian Border Services Agency (CBSA) has announced to the Importing community that effective January 11, 2017 Border Services officers at the First Port of Arrival (FPOA) will be issuing 3 of the 6 eManifest Administrative Monetary Penalties (AMPS) for non-compliance directly from the border. Prior to this, all AMPs for eManifest non-compliance  were sent by Border Services officers to the CBSA Headquarters (CBSA Program Compliance and Outreach Division) for review prior to being issued to the client.

 

The Three eManifest, AMPS penalty items that will be transitioned to the FPOA are:

 

C378

Penalty: Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance.

* 1st penalty – $2000.00

                      * 2nd penalty – $4000.00

                      * 3rd penalty – $8000.00

 

Example of C378 non-compliance: When a carrier failed to transmit an electronic conveyance report prior to the conveyance arriving in Canada or when a freight forwarder failed to transmit an electronic house bill prior to the cargo arriving in Canada.

 

Penalized Party: The penalty is applied to the party responsible for providing the required data. This penalty applies when the data was not provided PRIOR to arrival in Canada.

 

One C378 will be issued per instance. The same penalty level will be assessed for all infractions discovered during the same examination.

C379

Penalty: Person failed to submit advance information in the prescribed time or prescribed manner to CBSA.

                       * 1st penalty – $250.00

                       * 2nd penalty – $375.00

                       * 3rd penalty – $750.00

 

Example of C379 non-compliance: When a carrier fails to submit an electronic conveyance report within the prescribed timeframes or when the carrier fails to submit electronic pre-arrival cargo information, however they faxed shipment documentation to the appropriate customs office within the appropriate timeframes.

 

Penalized Party: The penalty is applied to the party responsible for providing the required data. The prescribed information must be transmitted in the prescribed timeframe and in the prescribed manner. These two separate obligations must be respected; a contravention against any one of the two obligations will result in the assessment of this penalty. In instances of non-compliance with timeliness and manner requirements two separate C379 penalties will be applied.

 

In situations where no information was provided prior to arrival C378 will be applied. It should also be noted that with this contravention a 30 day escalation of penalty levels from the first to the second level will apply. Should a second penalty with the same contravention be issued against the same client, the system will not escalate the penalty level to level two unless 30 days have transpired from when the first Notice of Penalty Assessment ( NPA) was issued or the infraction occurred. The non-escalation rule applies only from the first level to the second level.

C382

Penalty: Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.

                              *1st penalty – $500.00

                              *2nd penalty – $750.00

                              *3rd penalty – $1500.00

 

Penalized Party: This penalty is applied to the party responsible for providing the required data.

 

Example of C382 Non-compliance: This penalty applies when the pre-arrival or pre-load information is not true, accurate and complete as indicated by the primary source documents (bill of lading, contract of carriage) at the time of submission.

 

One C382 penalty will be issued per submission regardless of the number of data elements which were not true or accurate, or complete.

 

The 30 day escalation delay as noted in C379 applies to this penalty too.

 

AMPs penalties are issued against the person (company), rather than the goods. A penalty assessed under the AMPs becomes payable on the day the NPA (Notice of Penalty Assessment) is served to the person. An NPA may be either served to the person by hand or sent by registered mail.  If a driver or transporter is issued the NPA then he/she should ensure their company representative is provided a copy of the NPA for payment or Review.

Payment may be made in person or by mail at the issuing office listed on the last page of the NPA or any CBSA office. A copy of the NPA must accompany the payment. Interest is payable on penalties at the prescribed rate, beginning  the date following the date of the NPA. However, if the penalty is paid within 30 days after the date of the NPA, no interest will apply.

 

If you do not agree with the penalty you can ask for a Review of the Penalty Assessment within 90 days of the issuance. The request for review can be made at the port of issuance.

 

CBSA has announced that HQ will be monitoring the issuance of these three penalties at the Port level to ensure national consistency. HQ will also continue to work with companies to assist with compliance.

eManifest, AMPS Penalty Call for Feedback on our Topic

When topics as broad as any  international border are being discussed many of us want to be the fly on the wall that hears the discussion. We try to be that fly on the wall for you, our valued readers.

We know that you also want to know how to have your voices heard in that discussion, especially when you are directly affected.

You have questions:

  • How are the field experts responding to eManifest Filings?
  • What are the experts discussing amongst their peers?
  • How is your voice heard in these conversations?

One way to share your voice is to publish your concerns, insights, ideas or expertise online. Each week we publish and share industry news, our insights and reports that impact you as our readers. Do you have something that you would like us to share? Ask? Research for you? Let us know and we will add your requests to our weekly research and publishing goals.

How ACI eManifest Affects Importers and Carriers

whitetruck_trailer-300Beginning May 1, 2013,  ACI eManifest regulations and requirements for shipments into Canada will be mandatory. There will be no exceptions and any carrier arriving at the border without providing prior eManifest information to CBSA could be subject to Administrative Monetary Penalty System (AMPS) penalties and/or turned around.  Importers – it is very important that you discuss this with your carriers to ensure that they will be compliant and your shipments will not be affected come May 1, 2013.

At Pacific Customs Brokers, we are very aware of how ACI eManifest changes will affect the importing community and as such are taking a proactive approach to ensure our clients and carrier partners are kept up-to-date with the most current information.

Canada Border Services Agency recently outlined four (4) different transportation scenarios that will affect how your goods are imported into Canada. It is very important that you understand how your goods are being carried so that you know which scenario will apply to your importations.

Transportation Scenarios:

Scenario # 1: Carrier picks up at one Shipper and delivers to one Consignee in Canada on one Bill of Lading

  • The CBSA would expect one ACI cargo transmission as per the single contract of carriage or bill of lading.
  • The Carrier is required to submit a single CCN for this scenario.
  • One PARS would be submitted by the importer/broker quoting the single CCN.

For example:

When a carrier picks up 960 cases of bananas and delivers to one location in Vancouver, the carrier is required to provide CBSA with one eManifest cargo transmission, one Cargo Control Number (CCN) and one PARS release package to obtain release of the goods.

Scenario # 2: Carrier picks up from multiple Shippers and delivers to one Consignee in Canada

  • The CBSA would expect multiple ACI cargo transmissions as per the multiple contracts of carriage or bills of lading.
  • The Carrier is required to submit a multiple CCNs for this scenario even though the cargo is consigned to a single consignee.
  • Multiple PARS would be submitted by the importer/broker quoting the multiple CCNs.

For example:

When a carrier has four or five pickups from different shippers being delivered to one location in Vancouver, which results in multiple bills of lading, the carrier is required to provide CBSA with multiple eManifest cargo transmissions and multiple CCNs. In this scenario multiple PARS release packages, based on the number of CCNs submitted by the carrier, would be submitted to CBSA to obtain release of the goods.

Scenario # 3: Carrier picks up from one Shippers and delivers to multiple Consignees in Canada

  • The CBSA would expect multiple ACI cargo transmissions as per the multiple contracts of carriage or bills of lading.
  • The Carrier is required to submit a multiple CCNs for this scenario even though the cargo is shipped from a single shipper..
  • Multiple PARS would be submitted by the importer/broker quoting the multiple CCNs.

For example:

Where a Non-Resident Importer has sales to a number of different retail outlets in Canada. As each sale is a separate transaction and separate bill of lading, the carrier is required to provide CBSA with multiple eManifest cargo transmissions and multiple CCNs. In this scenario multiple PARS release packages, based on the number of CCNs submitted by the carrier, would be submitted to CBSA to obtain release of the goods.

*Important Note: Prior to implementation of the highway carrier phase of ACI eManifest, when there were multiple bills of lading on one truck, it was possible in most cases, to obtain release of the goods with one PARS release package being presented to CBSA. Under the new regulations, there is no option available at this time that will allow for multiple eManifest cargo transmissions and multiple CCNs (multiple bills of lading) to be cleared on one PARS release package.

 

Scenario # 4: Multiple shippers transport their goods to one common location in the country of export. The location consolidates the shipments on to one new bill of lading for transportation from the consolidation location to the consignee in Canada.

  • The CBSA would expect one ACI cargo transmission as per the single contract of carriage or bill of lading.
  • The Carrier is required to submit a single CCN for this scenario even though the cargo is originally shipped from multiple shippers..
  • One PARS would be submitted by the importer/broker quoting the single CCN.

 

ACI eManifest Forum with CBSA – Wednesday, February 6, 2013

To help assist industry stakeholders, carriers, shippers and cross-border truckers in final preparation for the pending ACI eManifest enforcement deadline of May 1, 2013, The Canada Border Services Agency in cooperation with Pacific Customs Brokers and ABC Customs Brokers, are hosting an ACI eManifest Forum on Wednesday, February 6th, 2013. Concerns related to shipments containing multiple bills of lading and how these are to be handled will be addressed by CBSA as one of the key topics at the forum.  This forum will be held in a “town hall” format, offering attendees the opportunity to ask senior officials of CBSA and CFIA questions. Please submit your ACI eManifest questions to Pacific Customs Brokers prior to Monday, February 4th, 2013.

Who Should Attend:

  • Produce Importers
  • Floral Importers
  • Nursery Importers
  • Grocery Importers
  • Seafood Importers
  • Importers of Multi-Shippers & Mixed Loads
  • U.S. Non-Resident Importers Shipping to Multiple Consignees
  • Trucking Companies
  • Customs Brokers
  • 3PL’s & Freight Forwarders

Topics To Be Addressed:

  • Cargo Requirements & Related Release Options
  • eManifest Readiness
  • Shipments Containing Multiple Bills of Lading
  • Consolidations
  • AMPS
  • Industry Expert Panel Questions
  • Audience Questions

Keynote Speaker:

  • James J. Spina, eManifest Directorate, Senior Program Advisor, Canada Border Services Agency

Expert Panelists:

  • James J. Spina, eManifest Directorate, Senior Program Advisor,
    Canada Border Services Agency
  • Jan Brock, Chief of Commercial Operations, Pacific Highway District,
    Canada Border Services Agency
  • Representative – to be announced
    Canadian Food Inspection Agency

Date, Time & Location:

Wednesday, February 6, 2013
9:00 a.m. to 11:45 a.m.
Eaglequest Coyote Creek Golf Course
Grandview Room
7778 152nd Street, Surrey

Registration:

The cost to attend is $25 CAD plus tax.

Registration & Question Submission Deadline:

Monday, February 4, 2013

Question Submission:

CBSA is interested in your questions. We kindly request you to submit your eManifest questions in advance to Pacific Customs Brokers by Monday, February 4, 2013.

How to Register:

Complete the registration form and email or fax with payment to the below contact information.

Contact Information:

Pacific Customs Brokers – Yvette Fox
Phone 604.538.1566
Toll Free 888.538.1566
Fax 604.531.3120
Email [email protected]

Download Registration Form >>

 

Do you have questions regarding ACI eManifest and its implementation or the ACI eManifest Forum? Please share yours in the comment section below or contact Pacific Customs Brokers for more information.

 

The Importance of a Bill of Lading

What is a Bill of Lading (BOL):

A bill of lading is a legal document between the shipper of particular goods and the carrier detailing the type, quantity, date of direct shipment and destination of the goods being carried. The bill of lading also serves as a receipt of shipment when the goods are delivered to the predetermined destination. This document must accompany the shipped goods, no matter the form of transportation, and must be signed by an authorized representative from the carrier, shipper and receiver. The carrier or the shipper can complete it, but the driver of the transport company is to sign and date it once the goods are on-board.

What does Customs look for on a Bill of Lading?

The Canada Border Services Agency (CBSA) requires to know:

  • the number of pieces
  • total weight and
  • date of direct shipment for each shipment on board

The number of pieces, total weight and date of direct shipment is a requirement for the declaration made by the importer of record/customs broker. It is highly recommended that you provide a copy of the bill of lading to the importer of record/customs broker so that the information can be confirmed against the corresponding invoice(s) being declared. If a bill of lading is not provided to the customs broker, the carrier must still advise by other means, the number of pieces, total weight and date if direct shipment.

A carrier must always make the bill of lading available to a CBSA officer in the event it is requested.

 

Do you have questions on a Bill of Lading? Please share yours in the comments section below or contact Pacific Customs Brokers.

Bill of Lading: Top 4 Reasons You Need One

The Canada Border Services Agency (CBSA) needs and wants to know exactly what’s on your truck. To help make sure all goods on your truck are accounted for and declared, you must supply a bill of lading or pick up receipt when faxing your Pre-Arrival Review System (PARS) entry to your customs broker.

Why is a Bill of Lading used?

1. The main purpose of the standard straight bill of lading is that it is a contract of carriage.

Other useful purposes include:

2. It may incorporate the full terms of the contract between the consignor and the carrier by reference.
3. It is a receipt signed by the carrier confirming whether goods matching the contract description have been received in good condition.
4. When completed in full, it helps the customs broker match up commercial clearance paperwork to ensure they are able to make a complete declaration for all goods aboard that truck.

The carrier or the shipper can complete it, but the driver of the transport company is to sign and date it once the goods are onboard his/her truck.

Important information on a bill of lading:

For Customs purposes, some of the most important details on the bill of lading are:

  1. Piece count (total skids, boxes, pallets)
  2. Weight (total weight of the goods listed)
  3. Description of goods
  4. Date (the date of pick up/export is used to establish the date for exchange rate)

If there is only one (1) location you have picked up goods from, then only one (1) bill of lading or pick up receipt is required. If you are picking up from multiple locations, then you need to have a bill of lading or pick up receipt for each location you’ve picked up from.

Commercial Documents

When picking up freight from the shipper, they may give commercial documents to you. If they do, please send them to the customs broker with the bill of lading or pick up receipt. It is important that you send the customs broker all documents you have. It helps ensure that all required documents are in place to declare those goods to Customs.

If the shipper does not supply you with commercial documents, please let the customs broker know as soon as you know, so that they can work on getting the documents in order.

Other Documents

Often, a commercial invoice and bill of lading are sufficient for the customs broker and CBSA to process your load. There are many instances where special documentation will be required. Some examples of goods that need additional documents are:

  • CFIA regulated goods (fresh fruits & vegetables, fresh cut flowers)
  • Transport Canada regulated goods (vehicles) – which require another government agency (in addition to CBSA) to review the import

When faxing your PARS to the customs broker (at least five hours in advance), simply affix your barcode label to the bill of lading, making sure you are not covering up any important information. Be sure to clearly indicate which port you’re crossing at and on what date and time. Please also include your phone number so that you can be contacted in the case there are any documentation issues.

Remember to ALWAYS confirm that your load has been set up before you get to the border.

Be accountable for the goods you are transporting and your cross border experience. Providing all the appropriate paperwork and allowing the customs broker time to do their part, will truly ease your journey.

 

Do you have questions on a Bill of Lading? Share them in our comments section below.

 

 

Mis-reporting Arrival Times Slows Down Processing of Clearances

Many carriers “mis-represent” the arrival times of their trucks in an effort to make sure that the shipment is set up for clearance by the time they arrive at the border. Not only is it not nice to mis-report arrival times to your customs broker, it really does not help your cause.

“If my truck is due Sunday at noon, I’ll tell the customs broker that it’s due Saturday at noon. That way I know for sure that my load will be set up by the time I arrive”.

In theory, this sounds like a great plan. In reality, it causes the whole system to break down and results in many delays. The most common time for this to occur is on Friday afternoons. Every carrier wants to make sure that all of their shipments are set up to clear before they leave for the day so they mis-report the arrival times. This creates a trickle-down effect that causes problems for customs brokers, carriers and even the Canada Border Services Agency (CBSA).

Most customs brokers have a “triage” system for handling PARS clearance requests. When documents are received they are placed in priority sequence based on arrival times. This works great until 20 carriers all say they will be there at 8:00 PM Friday. The customs broker has no way to know if these times are valid or not and works furiously to get all of these set up by the stated arrival time. Invariably, some shipments will not be set up in time. If you are one of the people who has mis-reported your arrival time, no big deal. However, if you are one of the honest ones and arrive on schedule, you could find that your shipment is not set up yet because the customs broker was busy setting up shipments that are not due for hours, or possibly days.

With the mandatory implementation date for ACI eManifest looming, carriers will need to review how they report arrival times. One of the requirements for reporting electronic pre-arrival info is the inclusion of an “accurate” arrival time. While we are not entirely sure how CBSA plans to deal with mis-reported arrival times, one of the proposed pre-arrival AMPS penalties is for “failing to provide true, accurate and complete information”.

Read more: ACI eManifest: Pre-arrival/ Pre-load Commercial Information AMPS

Regardless of how ACI eManifest affects the clearance process, it just makes good sense to report your arrival times accurately. Most customs brokers offer the ability to go onto their website to confirm that a shipment has been set up. See an example of Pacific Customs Brokers PARS Lookup and SCN Lookup. Pacific Customs Brokers also offers a free iPhone app, Border Pro iPhone App for Carriers,  that allows drivers and dispatchers to check PARS (shipments to Canada) and/or SCN (shipments to the USA) entries while in-transit at any time with an option of sending you an email or text message to alert you of your shipment status.

Download: the free Border Pro iPhone App for Carriers from the  iTunes App Store.

If you find that you are accurately reporting arrival times and that your shipments are consistently not set up when you arrive at the border, you should take it up with the customs broker(s) in question.

Carriers and customs brokers both work towards a common goal – getting the shipment to the customer as quickly and efficiently as possible. Open, honest communication can only help to make that goal more attainable.

 

Have you had a similar experience? Share your thoughts in our comments sections below.