CSMS 42506108·Operational·April 27, 2020·View on csms.cbp.gov ↗

CBP Frequently Asked Questions About PPE Exports

Plain-English explanation

CSMS 42506108 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on April 27, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "CBP Frequently Asked Questions About PPE Exports". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #42506108- CBP Frequently Asked Questions About PPE Exports U.S. Customs and Border Protection sent this bulletin at 04/27/2020 08:01 AM EDT Cargo Systems Messaging Service CSMS #42506108- CBP Frequently Asked Questions About PPE Exports CBP Frequently Asked Questions About PPE Exports I sent my Letter of Attestation and my AES filing and haven’t heard anything back from CBP. Can I export my shipment? DIS sends a confirmation of receipt as does AES. You will be notified, most likely through the carrier if your shipment is being held and additional action is needed. Export shipments should be considered cleared to export in the ABSENCE of negative information or notification. How do I submit the Letter of Attestation to associate to the AES filing? Anyone submitting the Letter of Attestation to the CBP Document Imaging System (DIS) should following the guidance identified below. CBP can receive .PDFs up to 10 MB in size. Send email to: docs@cbp.dhs.gov The email Subject Line: CAT=GEN; ITN=X12345678910111; ACTION= ADD The body of the email should contain the data elements identified below mandatory are required the others are optional. START_DATA TRANSMITTER_NAME= Mandatory (Name of company) PORT_CD = (4 digit port code) Conditional POC_INFO= Optional (Name and Phone Number) COMMENT= Optional (Any clarification/remark) RETURN_EMAIL_ADDRESS= Optional (if different than sender email address) END_DATA Does CBP have a preference for receiving the LOA by DIS or by email? Is it better to use one system or the other depending on the exemption being requested? The email process mentioned in the notice is part of DIS with explanation provided in the DIS page linked to the notice. If you are sending LOAs to a person or group box via email, it would assume your shipment is being detained pending review and you are claiming your exemption at that time. DIS is preferable as it can be submitted early enough to allow review without supply chain interruption for qualifying shipments. For shipments to Canada, for which there is no AES data, how is CBP connecting the LOA to the shipment? There are 3 ways: 1. Voluntary filing in AES with a DIS attachment 2. Provide LOA on demand by CBP. This presumes the shipment is being detained pending review 3. Provide carrier with LOA to provide upon request. CBP will still be temporarily holding shipments for review but they should be resolved much faster if required. An LOA for all in transit shipments is neither reasonable nor feasible. Can you narrow down the scope of the in transit shipments for which the LOA is truly necessary? The LOA is a way to attest to the exemption language. In the case of in-bonds filed with CBP for transit (T&E or IE) the origin and destination of the shipment are clear from the CBP electronic records, bills and in-bond. If CBP needs additional information, a letter may then be provided. A letter would be required for AES filings for foreign goods that are temporarily kept in a bonded warehouse (including GO) or FTZ that are being exported. AES is required in most of these cases and the letter should accompany as described. Can you describe more specifically how you are using the LOA in order to help us understand what shipments truly require one? CBP is following the requirements of FEMA and utilizing the LOAs to determine eligibility for one of the stated exemptions to the Temporary Final Rule. They are subject to review both at the time of submission and in post audit reviews as well by FEMA. Is CBP expecting any proactive actions from carriers to identify shipments that might contain the covered materials? Early filing of the AES and supporting documents would assist CBP in expediting shipments. Shipments should be reported as soon as possible even if the AES filing needs to be later amended prior to export. Not a carrier responsibility unless the carrier is also an AES filer but one that is recommended. Additionally, now would be a great time for carriers and forwarders to participate in the EEM pilot. What mechanism(s) will CBP use to identify shipments covered by the scope of the memo? CBP has indicated that AES will be one method, but from CBP guidance, it appears CBP is also contemplating other means of targeting shipments. CBP will perform review on shipments through data review, document review and physical examination. The recent update to the rule is about establishing additional guidelines for that review process. How will CBP notify a carrier of a hold? Of a hold release? CBP has a longstanding process for notification of holds and releases from hold to export carriers, custodians and shippers. This process will continue and involves CBP making phone calls, sending email etc. The intent by CBP is to leverage existing processes to simplify guidance and training. What actions would CBP take should it identify a shipment of covered materials already exported overseas? This is dependent on FEMA actions and orders. At this time, there is no intent to return shipments from overseas but each case is individually reviewed and a shipment may require return. If there is a disagreement between the carrier and local CBP regarding applicability of the memo/rule to a specific shipment (e.g., a transit shipment, a shipment to CA/MX), what is the immediate escalation/resolution process? CBP has established a national process for the review of all shipments that are subject to the Temporary Final Rule. First step after identification of a shipment that may contain actionable shipments of covered materials, ports will hold a shipment pending review of shipping documents and letters to determine eligibility for exemption. If the port believes that further review is needed, the information is forwarded to CBP and FEMA headquarters personnel for additional review. FEMA and CBP review the cases identified as needing further review on a daily basis in order to make a final determination. Ultimately, the FEMA Administrator and other senior US Government officials make the final determination if the shipment will be diverted back into US commerce or allocated by the government. Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 42506108?

CSMS 42506108 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "CBP Frequently Asked Questions About PPE Exports". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 42506108 published?

CBP published CSMS 42506108 on April 27, 2020. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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