The CBP general notice [PDF 212 KB] also announces that CBP will begin enforcement of HQ Ruling H026715 (June 19, 2009).
HQ Ruling H026715 provides that for the safety and security of the transportation of IIT containers and the CBP officers who may examine or work in close proximity to them, IIT containers with residual cargo are not to be manifested as “empty” consistent with the advance cargo information reporting requirements.
The modified ruling, HQ H026715, requires that residue within containers be “classified, entered, and manifested.”
Testing launch date is November 25, 2013
As explained in the general notice, CBP recognizes that the trade community believes that the requirement to manifest and enter for residual cargo in accordance with the current regulations would be overly burdensome.
As a result, CBP, with input from the trade, has developed a test in order to determine a less burdensome way for the trade to manifest and enter residual cargo in IITs while also providing for the safety and security of CBP officers and the transportation of such IITs.
The test is aimed to allow for a new type of entry―designed to capture residue in containers that will be cleaned or refilled―that can be made off the manifest through an indicator that identifies it as a “residue entry.”
Parties not wishing to participate in the test must “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.
CBP will begin enforcement of the requirement to manifest and enter residual cargo beginning November 25, 2013 (also the date of commencement of the test). The test will run for a period of one year, which may be extended. CBP will begin an evaluation of the test approximately 90 days after commencement.
For more information, contact a professional with KPMG’s Trade & Customs practice:
John L. McLoughlin
Todd R. Smith
Luis A. Abad
Or your local KPMG Trade & Customs professional.