October 21, 2026 | Customs Bonds
New CBP Rail Electronic Export Manifest Rule: What Customs Brokers and Bond Principals Should Know
U.S. Customs and Border Protection (CBP) has finalized new requirements for the electronic filing of export manifest information for cargo transported by rail.
Published August 26, 2026, the final rule requires Electronic Export Manifest (EEM) data for rail cargo departing the United States to be transmitted electronically through the
Automated Commercial Environment (ACE). The rule takes effect October 26, 2026, with CBP enforcement beginning October 26, 2027.
For companies involved in customs bonds and export transactions, an important part of the rule is its effect on CBP bond conditions.
Why do the new EEM rules matter for customs bonds?
CBP amended the bond conditions associated with:
- Activity Code 1: Importation and Entry Bond
- Activity Code 2: Custodial Bond
- Activity Code 3: International Carrier Bond
The amended conditions allow these bonds to secure compliance with EEM requirements and provide for liquidated damages when required EEM information is not transmitted in the manner and timeframe required by regulation.
CBP states that a party transmitting EEM data must have an appropriate bond on file containing the applicable condition. The final rule also explains that when enforcement begins, a bond that does not contain that condition will be considered insufficient.
Existing continuous bonds should be reviewed before the October 26, 2027 compliance date. Parties expecting to transmit EEM data should evaluate their bond arrangements and determine whether action is necessary before they begin filing under the new requirements.
Who can transmit EEM information?
The outbound rail carrier is responsible for transmitting the export manifest transportation data and empty-container data.
For the initial filing and cargo data, however, CBP permits other eligible parties to transmit information when they have the required knowledge. Those parties include:
- the U.S. Principal Party in Interest (USPPI);
- the Foreign Principal Party in Interest (FPPI);
- an authorized agent; or
- another party with direct knowledge of the export information, such as a customs broker, Automated Broker Interface (ABI) filer, Non-Vessel Operating Common Carrier (NVOCC), or freight forwarder
If another eligible party does not transmit the initial data or cargo data, responsibility for those transmissions rests with the outbound carrier.
Which bond will CBP obligate when a filer has multiple bond types?
The final rule establishes an order for determining which active bond secures an EEM filing. CBP states that it will first look for an active international carrier bond. If one is unavailable, CBP will look for an active basic custodial bond, followed by an active basic importation and entry bond.
In Activity Code terms, that means AC3 first, followed by AC2, then AC1, depending on which qualifying active bonds the transmitter has on file.
When must EEM information be transmitted?
The rule divides the required data into different filing stages:
- An initial filing containing seven mandatory data elements must be transmitted as early as practicable, but no later than 24 hours before the train’s scheduled departure from the U.S. port of export. The AES Internal Transaction Number or applicable Foreign Trade Regulations exemption/exclusion code is conditional and can be provided when applicable.
- Other required export manifest transportation and cargo information generally must be transmitted at least two hours before departure from the U.S. port of export.
What should customs bond principals be thinking about now?
Organizations that expect to transmit rail EEM data should use the period before CBP begins enforcement on October 26, 2027 to review their existing customs bond arrangements and determine what, if any, changes will be required.
The final rule specifically contemplates obtaining a new appropriate bond or terminating and replacing an existing continuous bond. It also recognizes both continuous and single-transaction bonds.
Because bond requirements will depend on a party’s role and circumstances, organizations should evaluate their situation before their first filing under the new requirements.
Roanoke is here to help
Changes to customs regulations can have practical implications for companies throughout the global trade and logistics community. Roanoke works closely with customs brokers, carriers, freight forwarders and other trade professionals on customs bond needs and keeps clients informed as requirements evolve.
Have questions? Contact your Roanoke representative to discuss.
This information is provided for general informational purposes and is not intended as legal or regulatory advice. Parties should review the CBP final rule and consult appropriate advisors regarding their specific obligations.
