Announcement of Test Concerning Manifesting and Entry of Residue Found in IITs

Announced in a Federal Register Notice (FRN) today, August 27, 2013, US Customs and Border Protection’s (CBP’s) plan to conduct a test concerning the manifesting and entry of residual cargo found in containers arriving as Instruments of International Traffic (IIT), will take place over the next 12 months.

The FRN also announces that CBP will begin enforcement of HQ Ruling H026715, dated June 19, 2009, which focuses on ensuring the safety and security of the transportation of IIT containers and the CBP Officers who may examine or work in close proximity to them. According to HQ Ruling H026715, IIT containers with residual cargo should not be manifested as empty, consistent with the advance cargo information reporting requirements authorized pursuant to 19 U.S.C. 2071 note.  The modified HQ Ruling H026715 requires that residue within containers be “classified, entered, and manifested.”

Since it was made known that the trade community believes that the requirement to manifest and enter for residual cargo in accordance with the current regulations would be burdensome, CBP has developed this test to determine a less burdensome way for the trade to manifest and enter residual cargo in IITs while also ensuring the safety and security of CBP Officers and the transportation of such IITs.

The announced test will allow for a new type of entry designed to capture residue in containers that will be cleaned or re-filled, that can be made off the manifest through an indicator that identifies it as a Residue Entry.

If parties do not wish to participate in the test, they will be required to “classify, enter, and manifest” (formal or informal entry) the residual cargo in accordance with the underlying statutes and their implementing regulations when the test begins.

The test will commence on November 25, 2013 and will run for a period of one year, which may be extended if necessary. CBP will begin an evaluation of the test approximately 90 days after commencement.

Comments concerning this notice or any aspect of the test may be submitted via email, with a subject line identifier reading “Comment on the Residue Manifesting and Entry Test”, to OFO-CARGORELEASE@cbp.dhs.gov.

For further information, contact Amy E. Hatfield, Branch Chief, Cargo Conveyance & Security, Office of Field Operations, (202) 365-2698.

The full FRN can be accessed at: http://www.gpo.gov/fdsys/pkg/FR-2013-08-27/pdf/2013-20878.pdf

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