Newly Released CBP HQ Rulings April 26
The Customs Rulings Online Search System (CROSS) was updated April 26 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H338422: Aircraft; Air Cargo Advanced Screening; 19 C.F.R. 122.48b
| Ruling: Air Cargo Advanced Screening (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 U.S. |
| Issue: Whether ACAS data must be submitted when cargo destined for the U.S. is loaded aboard an aircraft at a foreign airport, when the same aircraft stops at another foreign airport en route to the United States. |
| Item: The 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. |
| Reason: The 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 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 U.S., regardless of whether the aircraft makes subsequent foreign stops en route to the United States. |
| Ruling Date: April 19, 2024 |