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NY/Newark Port Says Incorrect BOLs Sending Cargo to Erroneous CES Sites

U.S. Customs and Border Protection for field operations at the Port of New York/Newark has issued an Informational Pipeline to inform the trade community of some logistical issues it has encountered since the commencement of the consolidated Centralized Examination Station (CES) process on January 9, 2012. The Pipeline states that incorrect bill of lading (BOL) transmissions have caused cargo for examination to be sent to erroneous Centralized Examination Station (CES) sites.

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(CBP has consolidated CES locations, and with Newark Pipeline 12-007 indicated the requirements for data integrity. Among other things, carriers must transmit the correct bill of lading data to ensure the designated CES receives the transfer code 1X in the Automated Manifest System (AMS).)

Data Guidelines Must be Followed or Cargo Delays, CES Diversion, Penalties May Result

During transmission of BOL data, carriers must utilize the correct port code of unlading. Carriers have the option to designate a CES site by port code for New York (1001) and Newark (4601). Failure to input the correct code has resulted in exam transfers sent to the incorrect CES. CBP will not be correcting these transactions and transfer will proceed for examination at the location indicated on the 1X code message. Failure to follow these guidelines may result in delay of cargo release and further intervention by CBP which could include diversions to a CBP designated CES. Continued non-compliance may result in a penalty action under 19 USC 1436 and 19 CFR 4.7a.

When Selected for Exam, Cargo Must Be Moved to CES Exam Site w/in 1 Business Day

When cargo is selected for exam, it must be moved to the CES exam site within one business day of receipt of the transfer authorization from CBP. The transfer is not to be delayed pending guarantees of carrier, terminal, or examination charges, and all parties involved (Importers, Customs Brokers, Ocean Carriers, Non-Vessel Operating Common Carriers (NVOCCs), Marine Terminal Operators, and CES Operators) must take immediate measures to ensure that the transfer of cargo is not delayed.

It is the responsibility of all parties involved in the collection of fees and payments to establish business relationships and cooperatively work together to facilitate the movement of containers requiring examinations. Failure to follow the guidelines provided in this pipeline may necessitate CBP intervention which could include physically escorting cargo to the designated CES.

AMS Ag Hold for BOL w/ Multiple Containers Will List Specific Container Required for Exam

An AMS agriculture hold, for a bill of lading with multiple containers, will list, in the public remarks field, the specific container required initially for examination. If all containers are not immediately required for transfer to the CES, they will remain, by default, on terminal until release. However, CBP will allow the broker/importer the option to transfer all containers to the CES for storage pending examination completion. This option must be specifically requested on a case-by-case basis on the CBP Form 3461 document, box 29, or by contacting CBP Problem Resolution.

January 6, 2012 Informational Pipeline No. 12-007-NWK and subsequent Amendment #1 are available via email by sending a request to documents@brokerpower.com.