CBP Corrects Effective Date for Ruling Modification on Containers with Residual Chemicals

August 19, 2009

U.S. Customs and Border Protection (CBP) is correcting its July 17 notice modifying an earlier ruling letter allowing shipping containers containing residual chemicals to be entered as empty containers. The July 17 notice inadvertently included a 30-day delay in the effective date, in place of the intended 60-day delay. CBP is now correcting its mistake. As result, the appropriate effective date for the modification is September 16, 2009, not August 16, 2009 as originally reported.

After September 16, CBP will require all containers (and portable tanks) with chemicals, including empty containers, to be manifested and entered into compliance with all customs laws. Previously, CBP 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 has stated it is taking this action in order to be consistent with its treatment of similar commodities, such as petroleum slops, and to ensure the safety of the CBP officers who examine the containers.

If you have any concerns about how this ruling modification may affect your business, please contact a Barnes/Richardson attorney.