CBP TO Require Entry on Residue Contained Within Returned Containers

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Issue 48, July 31, 2009

Within a recent U.S. Customs (CBP Bulletin), CBP published a notice regarding the modification of a ruling which affects the entry process into the USA on empty containers which happen to contain residue material.

According to CBP, containers with cargo, regardless of the amount of cargo, will need to be manifested and entered in compliance with all customs laws. This action is effective for containers arriving in the United States on or after August 16, 2009.

This is a significant change from the current process. Customs position is that any amount of residue no longer renders a container “empty”; cargo residue presents a health and safety risk to CBP officers, revenue collection is impacted, and the containers are not in compliance with entry requirements stipulated in the Customs Regulations.

The containers themselves may still potentially be considered “instruments of international traffic” but in order to be consistent with CBP’s treatment of similar commodities and to ensure the safety and security of the transportation of such containers, these containers may not be entered, nor manifested as empty. CBP now takes the position that the residue within the containers must be manifested, classified, and entered.

Since, the exact amount of the residual material may not be known at the time the advance cargo information is required to be transmitted, the importer may estimate the amount when providing that information to the carrier for reporting to CBP. Additionally, the same estimated amount should be used at the time of entry of the chemicals. If a more precise amount is obtained after arrival then the entry should be amended.

CBP clarifies that “empty” means completely empty- there is no “de minimis” allowance.

For additional information, please see CBP’s bulletin at-
http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/

Regards,

Paul Vroman
Regulatory & Compliance Consultant
DHL Global Forwarding