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| Automated Manifest System (AMS) |  |
Imports - Manifests
& Confidentiality
On October 30, 2002, U.S. Customs issued the final rule requiring that carriers and NVOCC's transmit complete manifest information directly to U.S. Customs 24 hours prior to the cargo being loaded on to an aircraft, or vessel at the foreign port of export. The effective date of this new rule is December 2, 2002, however, U.S. Customs has stated that they will not initiate enforcement action until January 31, 2003. Although these changes primarily affect carriers and NVOCC's, like Phoenix International, who will be responsible for transmitting the required manifest data, importers should be aware of two very important issues that will result from this new rule. Intensive Examinations / Delays It will be the responsibility of the importers to insure their suppliers provide the proper manifest information to the carrier, or NVOCC at origin. The result of late, or incomplete, manifest information will be shipping delays, as the carrier at origin cannot load the cargo until the data is obtained and transmitted. The result of suppliers that do not take these requirements seriously and do not provide accurate and complete cargo descriptions in a timely manner, will subject their customers (the importers) to greatly increased intensive examinations. Confidentiality After these manifests have been reviewed by U.S. Customs, by law (The Freedom of Information Act) they will be required to make this sensitive manifest information public. What does this mean to importers? It means that your customers will easily be able to see exactly what you buy and from whom and your competition will have complete access to a listing of your suppliers and the products you buy.
Because of the short time U.S. Customs is giving all parties involved to implement the new AMS changes, Phoenix International strongly suggests that all importers action these two very important matters as soon as possible. Our sales force will be contacting all of our customers to answer any questions you may have regarding this new U.S. Customs regulation. In the meantime, should you have any questions or concerns, please as always, feel free to contact your local Phoenix office. Sincerely IMPORT CUSTOMER NOTICE
A lot of information has been sent out recently
regarding U. S. Customs and implementation of the 24 Hour Manifest
Rule. If you need more detailed information What does the 24 Hour Rule mean to you? The 24 Hour Rule has been issued for more detailed reporting of manifest data from the carriers to U.S. Customs. If certain data is not reported on your cargo in the time proscribed, the carrier cannot and will not load your shipment. That translates to a delay in shipping and therefore a delay in receiving merchandise that you need to get to your customer(s), which could mean a cancellation of the order or lowered invoice valuation. What you need to do? To ensure that your cargo is loaded on the vessel/aircraft that guarantees timely delivery of your shipment, you need to ensure that your suppliers are providing the proper information to their forwarder timely and thus to the steamship line/air carrier. That data is: 1) The number and quantities of goods shipped: How
are your goods packaged and described on all documentation? Do not use the term 'pallet' or 'container' as a package description unless the pallet is fully enclosed and the inside cargo is not visible (i.e.: cardboard or wooden top and sides, black shrink wrapping). Example: 200 cartons on 10 pallets (should be manifested as 200 cartons). Example: 40 pieces in 1 container (should be manifested as 40 pieces).
Do not use general descriptions such as "FAK" (freight all kinds), "general merchandise", "decorative items", "general cargo", and "said to contain". Example: Parts for Pasta Making Machinery (not Machine Parts). Example: Brass Household Items (not Brassware). Example: Cast Iron Manhole Covers (not Cast Iron Articles). Note: If your supplier does not give proper description, tariff, weight and measure, the conflicting report when entry is made may delay release of your shipment since Customs will probably examine the goods.
IMPORT CUSTOMER NOTICE
Why should I be concerned about confidentiality? Do you sell your goods within the U.S.? Yes. If you do not want your business transactions made public, then you need to request confidentiality. This must be done by you the importer, an authorized employee, or an attorney on your behalf. A draft letter is attached for your reference. This should be prepared on company letterhead and the items in parentheses "[ ] or ( )" changed to reflect the correct data. The letter should be sent to the addressee: Disclosure Law Officer, U. S. Customs, Washington, DC. Confidentiality will be made of your name and address in the publication of any inward manifests. You may include the names and addresses of your shippers and any identifying marks and numbers on the merchandise packaging. The certification will be acknowledged by Customs and is valid for a period of 2 years. If you wish to renew the certification, a new request must be filed with the Disclosure Law Officer 60 days prior to expiration. Phoenix Intl. Freight Services, Ltd. utilizes the services of Rodriguez O'Donnell Ross Fuerst Gonzalez & Williams for Customs matters. They have offices in Washington, DC, Houston, Chicago, Los Angeles, Miami, and New York. Our attorneys have quoted a price of $200.00 per certification, which includes filing the exemption request, confirming that it is in place, and follow-up for renewal every 2 years. If interested, please contact Tom O'Donnell at 312-372-7000. If you have any questions regarding this notice, please contact: Kathleen Wade
[Date] Disclosure Law Officer
We hereby request confidentiality of our name and IRS number[s]. I understand that all shipper's information as well as any identifying marks and numbers on our cargo are automatically included in this confidentiality request. NAME: ___________________________________ Sincerely, [Full Name of Person] # # # Media Contact: |