§ 145.74 Mandatory advance electronic data (AED). ( a ) *General requirements.* Pursuant to section 343(a)(3)(K) of the Trade Act of 2002 (Pub. L. 107-210, 19 U.S.C. 1415), as amended, for certain inbound international mail shipments identified in paragraph (b) of this section, CBP must electronically receive from USPS within the time frames specified in paragraph (c)(1) of this section certain mandatory advance electronic data (AED) and updates thereto as set forth in paragraph (c)(2) of this section.
( b ) *Inbound international mail shipments where* — ( 1 ) *AED is required.* Except as provided in paragraphs (b)(2) and (e) of this section, CBP must electronically receive AED from USPS for inbound international mail shipments containing goods classified as Express Mail Service (EMS), Parcel post, or Letter class mail—goods.
( 2 ) *AED is not required.* AED is not required for: ( i ) Letter class mail—documents;
( ii ) Items for the blind consisting of correspondence, literature in whatever format including sound recordings, and equipment or materials of any kind made or adapted to assist blind persons in overcoming the problems of blindness (up to 7 kilograms);
( iii ) Items sent as Parcel post or EMS that do not contain goods;
( iv ) Returned U.S. origin items;
( v ) Items transiting the U.S. in closed transit; and
( vi ) Items sent as U.S. domestic mail, or mail treated as domestic, including mail to or from APO, FPO, and DPO addresses, mail to or from U.S. territories and possessions, and mail to, from or between the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
( c ) *Time frames for providing and updating AED* — ( 1 ) *Providing AED.* CBP must electronically receive from USPS the AED identified in paragraph (d) of this section as soon as practicable, but no later than prior to loading the inbound international mail shipment onto the transporting conveyance.
( 2 ) *Updating AED.* CBP must electronically receive from USPS updates to the AED if any of the submitted data changes or more accurate data becomes available after USPS transmits the AED. USPS must provide these updates as soon as it becomes aware that any of the submitted data changes or as soon as it becomes aware that more accurate data is available. USPS must submit updated information up until the time frame specified in § 122.48b(b)(2) of this chapter and may submit updates up until the time the mail shipment arrives at the CBP port of arrival in the United States.
( d ) *Required AED.* CBP must electronically receive from USPS within the time frames specified in paragraph (c) of this section the AED set forth in paragraphs (d)(1) and (2) of this section: ( 1 ) *Item attribute information.* The AED must include the following information about the attributes (characteristics) of mail items and their contents. This information may be provided through the item attribute or “ITMATT” information that USPS receives from the origin post in an electronic message that is the customs declaration equivalent to paper forms that satisfy the declaration requirements as set forth in § 145.11. An “M” next to any listed data element indicates that the data element is mandatory in all cases; an “O” next to the listed data element indicates that the data element is not mandatory, but preferred. ( i ) Sender's Name (M);
( ii ) Sender's Address (M);
( iii ) Sender's Telephone/fax/email (O);
( iv ) Recipient's Name (M);
( v ) Recipient's Address (M);
( vi ) Recipient's Telephone/fax/email (O);
( vii ) Detailed description of contents (M);
( viii ) Quantity (M);
( ix ) Weight (M);
( x ) Item ID (M);
( xi ) Category of Item (gift, documents, sale of goods, commercial sample, merchandise, returned goods, other) (O);
( xii ) Declared Value (M);
( xiii ) Date of Posting (O);
( xiv ) Postal Charges/Fees (O);
( xv ) 10-digit HS Tariff Number (for commercial items) (O);
( xvi ) Country of Origin of Goods (for commercial items) (O);
( xvii ) Importer's reference (tax code, VAT number, importer number, etc.) (O);
( xviii ) Importer's telephone/fax/email (O);
( xix ) License Number (O);
( xx ) Certificate Number (O);
( xxi ) Invoice Number (O);
( xxii ) Details if the goods are subject to quarantine, sanitary/phytosanitary inspection, or other restrictions (O); and
( xxiii ) Designated operator (M).
( 2 ) *Pre-advice of despatch information.* In addition to the information about each mail item in paragraph (d)(1) of this section, the required AED must also include the following information about the shipment, referred to as the “dispatch” or “despatch,” of mail receptacles of the same mail category and class sent from one post to another that includes the mail item. This information may be provided through the pre-advice of despatch or “PREDES” information that USPS receives from the origin post in an electronic message advising USPS about the shipment being sent. ( i ) Dispatch information including origin post, destination post, and dispatch number;
( ii ) Scheduled date and time of departure of the transporting conveyance;
( iii ) Scheduled date and time of arrival in the United States;
( iv ) Transportation information including carrier and, as applicable, flight number, voyage number, trip number, and/or transportation reference number;
( v ) Scheduled International Mail Facility in the United States (IMF);
( vi ) Total weight of the dispatch; and
( vii ) The information for receptacles contained within the dispatch, including receptacle type, receptacle ID, and weight, as well as item ID for items nested to the receptacles, if applicable.
( e ) *Exclusions from AED requirements for mail shipments from specific countries.* Pursuant to section 343(a)(3)(K)(vi) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)), CBP, in consultation with USPS, may determine that a specific country or countries do not have the capacity to collect and transmit AED, represent a low risk for mail shipments that violate relevant United States laws and regulations, and account for low volumes of mail shipments that can be effectively screened for compliance with relevant United States laws and regulations through an alternate means. In such case(s), CBP will inform USPS that mail shipments from that specific country or countries are excluded from the AED requirements in this section. CBP will re-evaluate these determinations at a minimum on an annual basis.
( f ) *Compliance date of this section* —*full compliance required not later than December 31, 2020.* Except for mail shipments from countries that are excluded from AED requirements as set forth in paragraph (e) of this section, USPS must comply with the requirements of this section for 100 percent of mail shipments described in paragraph (b) of this section not later than December 31, 2020, as set forth in section 343(a)(3)(K)(vi) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)).
( g ) *Shipments for which USPS has not complied with the AED requirements* — ( 1 ) *Shipments received after December 31, 2020.* Pursuant to section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vii)), USPS must, in consultation with CBP, refuse any shipments received after December 31, 2020, for which the AED required by this section is not received by CBP, unless remedial action is warranted in lieu of refusal of shipments. If remedial action is warranted, CBP and USPS will determine the appropriate remedial action. Remedial action includes, but is not limited to, destruction, seizure, controlled delivery or other law enforcement initiatives, or correction of the failure to provide the AED described in this section with respect to the shipments.
( 2 ) *Certain shipments received during the period beginning on January 1, 2021, through March 15, 2021.* Pursuant to section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vii)) as amended by Sec. 802 Consolidated Appropriations Act, 2021, Public Law 116-260, notwithstanding paragraph (g)(1) of this section, during the period beginning on January 1, 2021, through March 15, 2021, the Postmaster General may accept a shipment without transmission of the information described in paragraph (d) of this section if the Commissioner determines, or concurs with the determination of the Postmaster General, that the shipment presents a low risk of violating any relevant United States statutes or regulations, including statutes or regulations relating to the importation of controlled substances such as fentanyl and other synthetic opioids.
[86 FR 14278, Mar. 15, 2021, as amended by CBP Dec. 21-08, 86 FR 38554, July 22, 2021]