| Title: | PAIRED Program Expiration on January 28, 2011 |
|---|---|
| Date: | 2011-01-28 |
| To: | abi |
| Links: | previous, next |
This is a reminder that the Port of Arrival Immediate Release and Enforcement Determination (PAIRED) program expires on January 28, 2011. The Federal Register Notice, 74 FR 69015, announced a U.S. Customs and Border Protection (CBP) final rule implementing remote location filing regulations and removing regulations for the PAIRED entry program [19 CFR 141.63(c)]. CBP announced a one-year grace period for the PAIRED entry program, from January 29, 2010 through January 28, 2011. Many members of the trade have expressed a desire to continue the PAIRED process due to a logistical need to file entry/entry summary data at a destination port rather than the port of unlading. The purpose of this message is to expand the Remote Location Filing (RLF) concept of Designated Exam Site (DES) to allow RLF filings that will meet this need and still provide CBP with the electronic data required for proper control of the release of freight.
Designated Exam Site (DES)
The RLF program has had the concept of a DES from its inception. Until the issuance of this CSMS message, the port of entry for an entry/entry summary filing had to be where the freight was unladen or where it moved in-bond. The official definition of a DES was an exam location outside of this port of entry.
CBP has determined that the concept of the DES can be expanded and can provide an option for importers who previously used the PAIRED program. At this time CBP is authorizing the filer to make a RLF entry at the destination port and if freight is released without need of an exam, release will be allowed without the benefit of an authorized in-bond movement. Stated differently, when a filer chooses to use the “DES option” on a RLF entry as described below, the port of entry is not required to be the same as the port of arrival on paperless cargo releases.
When a filer transmits a port code in the DES field of their RLF entry summary transmission, that code is their electronic indication that they want to use the “DES option” to make entry at a location other than where the freight is unladen and in addition it will indicate the port at which the trade requests that a CBP examination will occur (when applicable). Further, the filer will indicate a DES FIRMS code within the port limits at their chosen port of entry within the electronic invoice transmission.
The “DES option” may only be used for entries which are filed via RLF as specified in 19 U.S.C. 1414 and address the conditions listed below.
“DES Option” Automation Conditions:
• The DES option is limited to RLF entries so it can only be applied to entry types 01 and 11. When RLF is expanded to additional entry types, the DES option will expand to those new entry types as well.
• Technically the “DES option” is a transmission of two elements in ABI.
o The destination port code in the 30 record, position 40-43, of the Entry Summary ABI transmission.
o The transmission of the DES FIRMS code within the first 30 characters of the “Terms of Payment” field in position 6-75 of the C02 record of the AII transmission. Please note that although there are 70 characters available in this field, only 30 characters display to the reviewing CBP officer.
• Since one of the indicators of a “DES option” request described above is transmitted via the Automated Invoice Interface (AII), RLF filers who want the “DES option” must transmit the AII invoices in addition to the entry data for each entry regardless of CBP selectivity.
“DES Option” Exam Conditions:
• CBP may choose to withhold cargo release at either the port of arrival or the requested DES.
• Exams for health or safety, security, or other admissibility issues will occur at the port of arrival regardless of the filer's request for a DES in another port.
• The freight will remain in the port of physical arrival until released by CBP (and other agency(s) if applicable).
• If CBP examination is required at the DES, the merchandise must move in-bond via a custodian of bonded merchandise (type 2) or international carrier (type 3) bond.
• Officers will follow existing local port procedures on arrangements for cargo delivery to the CES for examination.
• Any exam that cannot be conducted at the DES must be performed at the port of arrival.
CBP continues to work with the trade to balance our mission of keeping terrorists and their weapons out of the U.S as well as securing and facilitating trade all while enforcing hundreds of U.S. regulations, including immigration and drug laws. It is important to note that as security threats change, CBP may need to modify this process to address the new the risk(s).