It is clear that the intent of the Trade Act of 2002 was to require full shipment information to the house bill level be transmitted to CBP via approved data interchanges. The intended use of a master bill level CAFES in-bond with house bill information provided on paper does not meet the requirements of the Act or the implementing regulations as published by CBP:

• The December 5, 2003 Federal Register Notice required full shipment information be transmitted to CBP electronically in advance of arrival. In a specific comment requesting this type of practice, the CBP response clearly stated that for all modes the Act required house bill level information for all shipments on a conveyance.
• The August 17, 2004 Federal Register Notice required the use of the Automated Broker Interface (ABI) transaction set QP/WP or CAFES as the approved data interchange systems for in-bond shipments arriving by truck at the land border.

There have been numerous programming and system problems experienced by CBP and the trade community when transmitting advance cargo information to the in-bond systems (QP/WP and CAFES) mandated by the Trade Act of 2002 regulations. As a result, CBP has decided to extend the informed compliance period for in-bond shipments at the ports with November 15, 2004 as an implementation date. As a result CBP is modifying the Enforcement Guidelines for Truck Operations for the Trade Act of 2002 as follows:

In-Bond Shipments

Informed Compliance: 11/15/04-01/02/05
Penalties Only: 01/03/05-01/30/05
Denial of Entry and/or Penalty: 01/31/05