Currently, carriers importing break-bulk goods into Canada are required to submit ACI Ocean data to the CBSA 24 hour prior to loading in the foreign port. Exemptions from this requirement, however, can be granted allowing the carrier to provide the required ACI information 24 hours before vessel arrival at the First Port of Arrival.
The CBSA is currently making changes to the Customs Act to eliminate the need for carriers to apply for special exemption (ultimately allowing all carriers to provide required ACI information only 24 hours before arrival at the FPOA). All carriers who already possess this authorization will have automatic extension for FY 2014-15.
Carriers who do not yet have authorization must still apply for the exemption until the existing requirements are formally altered in the Customs Act.
Full Notice Below:
Customs Notice 14-006
Ottawa, March 24, 2014
1. This notice is for the attention of marine carriers and/or their authorized service providers who transmit prescribed pre-load and/or pre-arrival cargo and conveyance information to the Canada Border Services Agency (CBSA).
2. "Break-bulk goods" are goods that are not transported to Canada within a cargo container and include goods such as oil and gas equipment, construction equipment, automobiles as well as empty cargo containers.
3. Currently, under sections 13.8 and 13.81 of the Reporting of Imported Goods Regulations, marine carriers who transport break-bulk goods to Canada are required to provide prescribed advance cargo and conveyance information to the CBSA at least 24 hours before the goods are loaded onto the vessel at a foreign port. However, these carriers may request an exemption from this requirement and permission to provide the required advance information to the CBSA 24 hours before a vessel's arrival at a port in Canada.
4. On February 15, 2014, the "Regulations Amending Certain Regulations Made Under the Customs Act" were pre-published in Part I of the Canada Gazette. These proposed regulations include an amendment to the Reporting of Imported Goods Regulations that would automatically extend the beneficial timeframe to provide the required information to the CBSA within 24 hours before the estimated time of arrival at a port of arrival in Canada to all marine carriers transporting break-bulk goods. This regulatory change would eliminate the requirement on carriers to complete an application and maintain an annual authorization with the CBSA. As a result, marine carriers with break-bulk goods who have difficulty meeting the existing pre-load timeframe requirement would no longer incur costs related to the annual application process.
5. Pre-publication in Part I of the Canada Gazette gives any interested person a final opportunity to review and comment on a proposed regulation before it is enacted and published in Part II of the Canada Gazette.
6. The comment period for the pre-published "Regulations Amending Certain Regulations Made Under the Customs Act" ended on March 17, 2014. A date for enactment and final publication in Part II of the Canada Gazette has not yet been determined. However, the CBSA hopes the regulations will be enacted later in 2014.
7. As it is the CBSA's intention, upon enactment of the proposed regulations, to eliminate the need for carriers to apply for and maintain an authorization to provide the required advance information for break-bulk goods under the beneficial timeframe of 24 hours prior to arrival in Canada, the CBSA will hereby extend all existing authorizations.
8. Therefore, any carrier holding an authorization for fiscal year 2013-14 to provide the required advance information for break-bulk goods to the CBSA within 24 hours prior to arrival in Canada will have its authorization automatically extended for fiscal year 2014-15. These carriers need not submit a new application for authorization for fiscal year 2014-15.
9. Any carrier not currently authorized to
provide the required advance information for break-bulk goods
within 24 hours prior to arrival in Canada is required to apply for an authorization until the existing requirement is formally eliminated when the "Regulations Amending Certain Regulations Made Under the Customs Act" are enacted.
10. For more information about this notice or about the "Regulations Amending Certain Regulations Made Under the Customs Act", please contact the CBSA ACI Policy Unit firstname.lastname@example.org.