AMS (Automated Manifest System) requires mandatory submission of electronic cargo declarations. In accordance with the Trade Act of 2002, cargo declaration data must be received in AMS by US CBP within the following time frames:
Inbound-Transmission received by CBP in AMS
Vessel 24 hours before lading in foreign (non-bulk); 24 hours before arrival (bulk)
Air 4 hours; Wheels up from NAFTA and Central and South America above the equator
Rail 2 hours
Truck 1 hour non-Free and Secure Trade (FAST); 30 minutes FAST
Violation of manifest requirements may be subject to seizure, forfeiture and/or penalty. Generally, failure to file AMS as required will result in monetary penalty of USD 5,000 ~ USD 10,000.
Assessment and Mitigation of Penalties
When you have a penalty notice issued by US CBP in violation of AMS manifest requirements, you need an experienced attorney to work closely with you. Our attorneys regularly represent clients before US CBP in connection with violation of manifest requirements. Before you pay US CBP the penalty, we encourage you meet an attorney who has expertise in the Customs regulations which set forth the guidelines for remitting and mitigating penalties.