CBP Issues FAQ on Ruling Modification for Containers with Residual Chemicals

May 10, 2010

On May 7, 2010, U.S. Customs and Border Protection (CBP) posted a Frequently Asked Questions (FAQ) document to help the trade community in understanding modifications to its ruling governing the importation of instruments of international traffic (IIT) with residual chemicals.

In July 2009, CBP issued ruling letter HQ H026715 to require all containers (and portable tanks) with chemicals, including empty containers, to be manifested and entered into compliance with all customs laws. HQ H026715 modified a previous ruling letter that had allowed reusable containers containing residual chemicals to be entered as instruments of international traffic (ITTs) and as such were exempt from normal entry procedures.

CBP had originally sought to begin enforcing the new requirement on September 16, 2009, but has since determined that the trade community would need more time to fully comply with the ruling’s requirements. Although CBP has not yet established an implementation date, sources indicate that the reporting requirement could go into effect for truck, air, and vessel imports on July 1, 2010 and October 1, 2010 for rail imports.

To aide the trade community’s eventual compliance with the new ruling, CBP is answering the following questions with its FAQ:

• What is the definition of an instrument of international traffic?
• How is an IIT, arriving from foreign with residue, manifested and entered?     
• Who will make the entry (exporter, carrier)?       
• How will estimates for residual cargo be determined?    
• How is an IIT that is completely devoid of any residue manifested and entered?         
• In reading the ruling (HQ H026715), the impression is that this ruling focused on bulk and intermediate bulk containers (IBC), but does CBP intend to enforce on any container with residue, box, barrel, drum, pail, jerrican, can, bag, etc.?   Can you please clarify if this ruling applies to all or bulk and IBC only?          
• Who is considered the shipper and the importer for IIT arriving with residue?  
• What will happen if the appropriate steps under the CBP regulations cannot be fully implemented by September 16, 2009? 

To view CBP’s complete FAQ, click here. Barnes/Richardson will continue to update its webpage as more information on the ruling and its implementation come available.