CBP to Require Residue Manifesting and Entry Starting Late November 2013
August 27, 2013
Today, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing that, in compliance with HQ Ruling H026715, it will begin enforcement of the requirement to manifest and enter residual cargo effective November 25, 2013. In addition, CBP will also commence on that date a test concerning residual cargo in containers that arrive as Instruments of International Traffic (ITT). CBP has delayed enforcement of the ruling in response to industry input stating manifesting cargo residue is overly burdensome and has created the test as a more efficient way for importers to manifest and enter residual cargo. The test is scheduled to run for a period of one (1) year and CBP will accept comments throughout its duration via email. To comment, interested parties should send an email with the subject line “Comment on the Residue Manifesting and Entry Test” to OFO-CARGORELEASE@cbp.dhs.gov.
Pursuant to the test, all rail entries with cargo greater than 7% of the container capacity, truck and ocean entries with cargo greater than 3%, and air entries with cargo greater than 5% will be required to be manifested. Containers holding smaller amounts of cargo with no commercial value can be designated as containing no residual cargo. Under this designation, the importer must declare the value ($0) and the country of origin, describe the type of residue with a 6 digit HTSUS number, and designate it as a residue entry. Following these procedures will allow CBP to release the cargo under 19 U.S.C. 1321 without any processing fee. Each mode requires different system procedures, outlined in the Federal Register notice.
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