On September 4, 2024, U.S. Customs and Border Protection (CBP) implemented nationwide rejection of vague cargo descriptions in Air Cargo Advance Screening (ACAS) submissions. This change aims to improve the accuracy of cargo descriptions and ensure that shipments comply with regulatory standards. A 30-day warning period will be in place, ending on October 6, 2024. After this period, rejections will begin on October 7, 2024.
According to the regulations outlined in 19 CFR § 122.48b(d), ACAS filers must provide either a precise cargo description or a 6-digit Harmonized Tariff Schedule (HTS) code. Vague descriptions such as “gift,” “daily necessities,” “accessories,” “parts,” and “consolidated” are no longer acceptable. The term “consolidated” will only be permitted at the master bill level, where multiple house bills of varying descriptions exist.
The new requirements apply to air carriers and any other parties filing ACAS data with CBP. These entities are responsible for ensuring that all cargo descriptions are clear, concise, and compliant. Failure to provide accurate descriptions will result in rejection of the shipment, starting October 7, 2024.
Warning Period: A Time for Corrections
During the 30-day warning period, CBP will send warning notifications to ACAS filers who submit vague descriptions. These warnings will be sent via email to the ACAS 24×7 point of contact, listing the vague descriptions from the previous day. A sample warning email might include the subject line “ACAS Invalid Cargo Description Report” and contain an attachment with a summary of the invalid descriptions, including the bill of lading numbers.
This warning period gives ACAS filers the opportunity to correct cargo descriptions before the rejections begin. CBP encourages filers to work closely with the shippers and bill of lading issuers to ensure compliance and avoid disruptions.
Rejection Notifications: What to Expect
After October 6, 2024, ACAS submissions with vague descriptions will be rejected. The rejection will come with the error code MISSING_CARGO_DESC, which indicates that the cargo description is missing or invalid. CBP sends all ACAS rejections on a PER message, which will notify the filer of the issue.
Example of a rejection message:
sql Copy code PER 074-54400194-SIN0151749 ERR/400MISSING_CARGO_DESC
Upon receiving a rejection, ACAS filers are expected to take corrective action immediately. This includes updating the cargo description for the shipment and ensuring that future submissions comply with the new standards.
Key Areas of Focus for Compliance
To avoid receiving warnings or rejections, ACAS filers should focus on the following areas:
- Precise Cargo Descriptions: Vague terms such as “parts,” “accessories,” and “miscellaneous” are no longer acceptable. Filers should provide detailed descriptions such as “automobile brakes” or “100% cotton men’s t-shirts.” Using clear, specific language is essential for compliance.
- Use of HTS Codes: If a precise description cannot be provided, a 6-digit Harmonized Tariff Schedule (HTS) code can be used to categorise the cargo. This ensures that the shipment meets regulatory requirements and avoids rejection.
- Collaborate with Shippers and Bill Issuers: Filers must work closely with shippers and bill of lading issuers to ensure that accurate descriptions are provided. This will help avoid discrepancies that could lead to rejections.
Example of Acceptable vs. Unacceptable Descriptions
CBP has provided a non-exhaustive list of acceptable and unacceptable cargo descriptions. This list is not final and will evolve as necessary. Here are some examples:
- Unacceptable: “Brand” or “Trademark” names by themselves, such as “Bubbles Brand”
- Acceptable: “Bubbles Brand Laundry Detergent” or “Laundry Detergent”
- Unacceptable: “Apparel/Clothing/Garments”
- Acceptable: “Women’s Dresses” or “Men’s Shirts”
- Unacceptable: “Parts” or “Accessories”
- Acceptable: “Automobile Windshield” or “Air Filters”
Handling Rejections: Immediate Action Required
Once the rejection period begins on October 7, 2024, all ACAS submissions with vague cargo descriptions will be rejected. Filers must take immediate action to correct the submission and resubmit with a compliant description. In addition, filers are encouraged to update their systems and procedures to prevent future rejections.
If CBP identifies any enforcement concerns, further actions may be taken. These could include additional fines, penalties or delays in shipment clearance. Therefore, it is critical that filers prioritise compliance with the new ACAS regulations.
Ongoing Updates from CBP
CBP will continue to provide updates and guidance on acceptable and unacceptable cargo descriptions. The list of unacceptable descriptions is not static and may change as CBP identifies new patterns of non-compliance. ACAS filers are encouraged to regularly check the CBP website for the latest updates and adjust their processes accordingly.
For more detailed examples of acceptable and unacceptable cargo descriptions, please refer to this helpful article.
With the new ACAS regulations coming into full effect on October 7, 2024, it is crucial for ACAS filers to ensure that their cargo descriptions are clear, concise, and compliant. By working closely with freight forwarders, bill of lading issuers and regulatory experts, companies can navigate these changes smoothly and continue shipping goods efficiently.
To stay compliant and avoid disruptions, ensure your processes are aligned with the latest CBP guidelines and update your software and documentation where needed. As the logistics industry evolves, maintaining clear and accurate cargo descriptions will be essential to ensuring the smooth movement of goods across borders.
For general questions or concerns about specific vague description cargo messages, get in touch with Airmark team.
