VES-3-02-OT:RR:BSTC:CCR H338422 HKC
Mr. Yang Liu
Accelerated Global Solutions, Inc.
3333 New Hyde Park Rd.
New Hyde Park, New York 11042
RE: Aircraft; Air Cargo Advanced Screening; 19 C.F.R. 122.48b
Dear Mr. Liu:
This letter is in response to your March 26, 2024 ruling request regarding the submission deadline for Air Cargo Advanced Screening (ACAS) data under 19 C.F.R. 122.48b(b)(1). Our decision follows.
FACTS
The following facts are from your April 9, 2024 ruling request.[1] Your client is responsible for shipping cargo on multi-leg flights. One such routing involves cargo loaded aboard an aircraft in Hong Kong. The same aircraft then proceeds to Singapore, where it takes on additional cargo. The aircraft then proceeds to the John F. Kennedy International Airport in New York City, where the cargo is unloaded. Under these facts, you inquire as to when ACAS data must be submitted in accordance with 19 C.F.R. 122.48b(b)(1) for the cargo loaded aboard the aircraft in Hong Kong.
ISSUES
1. Whether ACAS data must be submitted when cargo destined for the United States is loaded aboard an aircraft at a foreign airport, when the same aircraft stops at another foreign airport en route to the United States.
LAW AND ANALYSIS
The applicable regulation for the transmission of ACAS data can be found at 19 C.F.R. 122.48b. This regulation states, in the relevant part:
"(a) General requirement. Pursuant to section 343(a), Trade Act of 2002, as amended (19 U.S.C. 2071 note), in addition to the advance filing requirements pursuant to 122.48a, for any inbound aircraft required to make entry under 122.41, that will have commercial cargo aboard, U.S. Customs and Border Protection (CBP) must electronically receive from the inbound air carrier and/or another eligible ACAS filer, as specified in paragraph (c) of this section, certain information concerning the inbound cargo, as enumerated in paragraph (d) of this section. CBP must receive such information, known as ACAS data, no later than the time frame prescribed in paragraph (b) of this section. The transmission of the required ACAS data to CBP (ACAS filing) must be effected through a CBP-approved electronic data interchange system. Any ACAS referrals must be resolved in accordance with the provisions and time frame prescribed in paragraph (e) of this section. Any Do-Not-Load (DNL) instruction must be addressed in accordance with the provisions prescribed in paragraph (f) of this section.
(b) Time frame for presenting data.
(1) Initial filing. The ACAS data must be submitted as early as practicable, but no later than prior to loading of the cargo onto the aircraft.
(2) Update of ACAS filing. The party who submitted the initial ACAS filing pursuant to paragraph (a) of this section must update the initial filing if, after the filing is submitted, any of the submitted data changes or more accurate data becomes available..."
Emphasis added.
19 C.F.R. 122.41, referenced in the above regulation, details which aircraft are required to make entry. It states:
"All aircraft coming into the United States from a foreign area must make entry under this subpart except:
(a) Public and private aircraft;
(b) Aircraft chartered by, and transporting only cargo that is the property of, the U.S. Department of Defense (DoD), where the DoD-chartered aircraft is manned entirely by the civilian crew of the air carrier under contract to DoD; and
(c) Aircraft traveling from airport to airport in the U.S. under subpart I, relating to residue cargo procedures."
These regulations make clear that "the aircraft" referred to in 19 C.F.R. 122.48b(b)(1) is any inbound aircraft which is required to make entry. The commercial cargo aircraft contemplated by your client does not fall within any of the exceptions detailed in 19 C.F.R. 122.41, and this is required to make entry. The timing of the ACAS data submission requirement is linked specifically to the loading of cargo onto "the aircraft" which will arrive in the United States, regardless of whether the aircraft makes subsequent foreign stops en route to the United States.
Accordingly, for cargo loaded aboard the aircraft in Hong Kong, ACAS data must be submitted prior to the loading of the cargo onto the aircraft at Hong Kong provided this cargo is still on board the aircraft when it lands in the United States. For cargo loaded aboard the aircraft in Singapore destined for the United States, ACAS data must be submitted prior to the cargo being placed on board the aircraft in Singapore.
HOLDING
1. ACAS data must be submitted when cargo destined for the United States is initially loaded at a foreign airport aboard an aircraft which will enter the United States, regardless of whether the same aircraft subsequently stops at another foreign airport en route to the United States.
Sincerely yours,
W. Richmond Beevers, Chief
Cargo Security, Carriers and Restricted Merchandise Branch
Office of Trade, Regulations and Rulings
U.S. Customs and Border Protection
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[1] Electronic Request for A Binding Ruling, submission date (Mar. 26, 2024).
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