September 30, 2024
Vessels arriving with cargo intended for unlading at ports impacted by the International Longshoremen’s Association (ILA) strike (east coast/gulf coast ports) may need to consider alternative routing. Reporting of vessel arrival, vessel entry, and manifest updates (such as updating the port of unlading, associated entries, and in-bond movement, if applicable) will continue to be required of vessels arriving at impacted ports. All other applicable legal requirements, such as those under the Jones Act (46 U.S.C. § 55102), will continue to be in effect.
Vessel Arrival and Entry
Any vessel arriving from a foreign port or place, any foreign vessel from a U.S. port or place, any U.S. vessel carrying foreign merchandise on board which has not yet been entered, and any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea, is required to report its arrival to the nearest U.S. Customs and Border Protection (CBP) facility or at any other location designated by the port director. A vessel is considered to have arrived “when the vessel first comes to rest, whether at anchor or at a dock, in any harbor within the Customs territory of the U.S.” 19 C.F.R. § 4.0(f). Within 48 hours after arrival, all vessels identified in Section 4.3(a) of CBP Regulations are required to be entered unless specifically excepted by law. For vessels arriving at impacted ports, CBP may permit entry of vessels to be made at locations outside of port limits upon request. CBP will continue to follow the current normal vessel entry and clearance procedures for both VECS and paper to record a vessel’s actual arrival time. CBP will review compliance with respect to other regulatory requirements which arise upon the arrival of a vessel on a case-by-case basis.
Cargo Entry
The requisite entry documentation may be submitted before the cargo arrives within the port limits of an intended port of entry. Parties submitting entry documentation without an entry summary may request a time of entry as described in Section 141.68(a)(2)-(3) of CBP Regulations; otherwise, the time of entry will be the time that the appropriate CBP officer authorizes the release of the merchandise or any part of the merchandise covered by the entry documentation. When the entry documentation is filed in proper form without an entry summary, the “time of entry” will be:
(1) The time the appropriate CBP officer authorizes the release of the merchandise or any part of the merchandise covered by the entry documentation, or
(2) The time the entry documentation is filed, if requested by the importer on the entry documentation at the time of filing, and the merchandise already has arrived within the port limits; or
(3) The time the merchandise arrives within the port limits, if the entry documentation is submitted before arrival, and if requested by the importer on the entry documentation at the time of submission. See 19 C.F.R. § 141.68(a)(1)-(3).
If an entry summary is filed which serves as both the entry and summary documentation, the time of entry will be the date a complete filing is submitted with estimated duties attached. See 19 C.F.R. § 141.68(b). However, no entry or entry summary will be considered filed until the merchandise has arrived within port limits with intent to unlade. See 19 C.F.R. § 141.68(e).
All cargo unladed from vessels arriving at impacted ports remains subject to the requirement of being entered “within 15 calendar days after landing from a vessel, aircraft or vehicle, or after arrival at the port of destination in the case of merchandise transported in bond.” 19 C.F.R. § 141.5. Therefore, imported merchandise should not remain at the wharf, pier, or other place of unlading, for more than 15 calendar days after its landing; or, if transferred from the arriving carrier to any party under a CBP-authorized permit to transfer or in-bond entry, the merchandise should not remain in the custody of that party more than 15 calendar days after its receipt under a CBP-authorized permit to transfer or more than 15 calendar days after its arrival at the port of destination.
Parties making entry must ensure that they update ACE to reflect a change in the port of entry as may be necessary. To ensure that the port code is correctly updated in ACE Cargo Release and Entry Summary, each step of the process outlined below should be completed sequentially. Failure to transmit the requisite data in sequential order may result in a port of entry mismatch between the Cargo Release and Entry Summary data.
To update the port of entry:
- For cargo release updates, Transmit the Entry Summary (AE) application data with “D” (Delete) action if summary is on file. The Entry Summary (AE) must be in Trade Control.
- After the Entry Summary (AE) delete is accepted, prior to arrival – submit either a Cargo Release (SE) transaction with the “U” (Update) or “R” (Replace) action to request a Port of Entry change.
- After arrival and release - submit a Cargo Release (SE) transaction with the “U” (Update) action to request a Port of Entry change.
After Cargo Release (SE) is accepted, retransmit the Entry Summary (AE) application with correct port code without certifying for ACE Cargo Release.
Note: The Cargo Release (SE) “U” Update is allowed for up to 15 calendar days from the later of the estimated date of arrival, actual arrival, or date of cargo release. The use of Cargo Release (SE) “R” Replace is a full replacement of the cargo release data, including PGA data, and generally requires manual review/approval and more intensive workflow processing within CBP. Therefore, when allowed, the use of a "U' transaction is recommended when only the port of entry is being changed.
For exported cargo, carriers are allowed to submit export manifests post departure. Carriers are required to submit their export documents, either CBP Form 1302A or the Electronic Export Manifest (EEM), from any updated port of departure. Electronic Export Information (EEI) submissions are also required to be updated to reflect any changes to the port or date of exportation.
For any technical questions regarding this update, please contact your assigned Client Representative. For general trade inquiries, please contact tradeevents@cbp.dhs.gov.