U.S. CUSTOMS PROPOSES EXPANDING CONFIDENTIALITY OF NVO MANIFEST DETAILS

U.S. CUSTOMS PROPOSES EXPANDING CONFIDENTIALITY OF NVO MANIFEST DETAILS

   U.S. Customs has proposed to expand the privilege to request confidential treatment of importer information on manifests to both non-vessel-operating common carriers and vessel operators.

   Under the current regulations, only importers or consignees may request confidential treatment of their shipment information by filing biennial certifications to U.S. Customs.

   When U.S. Customs proposed its new manifest filing regulations in August, many NVOs voiced concern to the agency about protecting the confidentiality of their customer information from vessel operators and other competitors, since this information may become available for purchase from reporting services.

   In 1984, U.S. Customs lost in court to PIERS, a Journal of Commerce/Commonwealth Business Media-owned reporting service, and had to amend its regulations under the 1930 Tariff Act to give reporting services broader access to manifest information.

   NVOs traditionally protected their manifest information filed to Customs through the vessel operators by listing themselves as both shipper and consignee for the freight. U.S. Customs said it would no longer allow this practice under its new manifest regulations, requiring NVOs to list their shipper and consignee information accurately on their manifests.

   Effective Dec. 2, U.S. Customs requires both vessel operators and NVOs to file their manifests to the agency 24 hours prior to loading on ships overseas. The agency said accurate and more complete advance manifest information is important to circumvent terrorists’ attempts to deliver weapons of mass destruction to U.S. shores.

   “This amendment allowing such parties, including NVOCCs and vessel carriers, to make confidentiality requests will enhance the new procedures set forth in the final rule, as these parties will be relieved from any disadvantage that might result from publication of certain manifest information,” said U.S. Customs in a Federal Register notice of proposed rulemaking on Thursday.

   U.S. Customs told the industry in its final rulemaking for the so-called 24-hour rule that it would address the issue of manifest data confidentiality in a future proposed rulemaking.

   The shipping industry has until Feb. 10 to comment on the proposed rulemaking. For more information, contact Larry Burton, U.S. Customs’ chief of entry and carriers branch in Washington, at (202) 572-8724.