CSMS Message: 05-000651

RECENT CHANGES IN PAPERWORK REQUIREMENTS FOR THE PRE ARRIVAL PROCESSING
SYSTEM (PAPS) AT LAND BORDERS HAVE HAD AN UNINTENDED EFFECT. THE
DECISION WAS MADE TO NO LONGER REQUIRE A PAPER CBP 3461 OR 3461 ALT
AT THE TIME OF RELEASE IN FAVOR OF THE ELECTRONIC TRANSACTION. WHILE
THIS FACILITATES THE RELEASE OF CARGO AND BEGINS THE TRANSITION TO
AN AUTOMATED TRUCK MANIFEST, A PROBLEM HAS BEEN IDENTIFIED WITH THE
ELECTION OF IMMEDIATE DELIVERY PRIVILEGES FOR THESE SHIPMENTS.

CBP REGULATIONS (19 CFR 142.22(A) STATE "AN APPLICATION FOR A SPECIAL
PERMIT FOR IMMEDIATE DELIVERY WILL BE MADE ON CUSTOMS FORM 3461, FORM
3461 ALT, OR ITS ELECTRONIC EQUIVALENT, SUPPORTED BY THE DOCUMENTATION
PROVIDED FOR IN SECTION 142.3." IN ADDITION, THE REGULATIONS AND LAW
ARE CLEAR THAT AN APPLICATION BE MADE FOR THE USE OF IMMEDIATE DELIVERY
PROCEDURES, AND THAT THE DEFAULT RELEASE PROCEDURE IS THE ENTRY/ENTRY
SUMMARY PROCEDURE. IN THE ABSENCE OF THE PAPER FORMS, THE ONLY
ALTERNATIVE METHOD OF ELECTION IS THE ELECTRONIC EQUIVALENT THROUGH THE
AUTOMATED BROKER INTERFACE (ABI). UNFORTUNATELY, CURRENT PROGRAMMING
DOES NOT SUPPORT AN ELECTION OF IMMEDIATE DELIVERY INDICATOR.
PROGRAMMING IS CURRENTLY BEING DEVELOPED BUT WILL TAKE SOME TIME
TO BE IMPLEMENTED.

IN THE INTERIM THE FOLLOWING PROCEDURES WILL BE USED AT ALL AFFECTED
PORTS FOR IMMEDIATE DELIVERY ELECTION:

1. CUSTOMHOUSE BROKERS AND IMPORTERS WILL PROVIDE NOTICE ON COMPANY
LETTERHEAD TO PORT DIRECTORS THAT THEY ARE ELECTING TO USE THE
IMMEDIATE DELIVERY PRIVILEGE ON ALL OR PART OF THEIR ENTRIES.
THEY MAY CHOOSE TO IDENTIFY ALL SHIPMENTS OR SPECIFIC COMMODITIES,
IMPORTERS AND/OR TIME FRAMES. CBP AND THE FILER WILL RETAIN THIS
NOTICE ON FILE. IF NO NOTICE IS PROVIDED THE DEFAULT PROCEDURE WILL
BE ENTRY/ENTRY SUMMARY.

2. FOR ANY ENTRY WHERE THE FILER WISHES TO SPECIFICALLY ELECT
IMMEDIATE DELIVERY OR ENTRY/ENTRY SUMMARY THE FILER WILL BE REQUIRED
TO PROVIDE A CBP 3461 OR 3461 ALT FOR THAT ENTRY WITH THE APPROPRIATE
CHOICE INDICATED. THE CBP 3461 OR 3461 ALT SHOULD BE PRESENTED TO
CBP ON OR BEFORE THE DATE OF RELEASE AND SHOULD BE DATE STAMPED BY
CBP UPON RECEIPT. THIS FORM IS NOT NEEDED FOR RELEASE OF THE
SHIPMENT USING PAPS.

THE USE OF PAPER NOTICE TO ELECT IMMEDIATE DELIVERY IS TEMPORARY.
THIS PROCESS WILL BE AUTOMATED IN ACS AT A DATE TO BE DETERMINED.
WHEN THE AUTOMATED PROCESS IS DEVELOPED THE PAPER PROCESS WILL
BE ELIMINATED.

PORTS WILL BE DEVELOPING LOCAL PROCEDURES FOR THE PRESENTATION OF
THESE PAPER ELECTIONS AND ALL QUESTIONS REGARDING LOCAL ISSUES
SHOULD BE DIRECTED TO THE APPROPRIATE PORT OF ENTRY.

QUESTIONS OR COMMENTS REGARDING NATIONAL POLICY ISSUES SHOULD BE
DIRECTED TO JAMES SWANSON (CARGO RELEASE) AT (202) 344-2576 OR
JOHN LEONARD (SUMMARY) AT (202) 344-2687.