U.S. Customs and Border Protection (CBP) announced that it will commence full enforcement of HQ Ruling H026715 effective December 28, 2012.  This ruling will require the manifesting of containers (Instruments of International Traffic – IIT) with residue, as well as empty containers.

According to the ruling, all IIT imports containing residue may no longer be treated as empty. IIT loaded in the U.S. with goods that are exported and subsequently returned to the U.S. with any quantity of residue below the manifest threshold limits (see below) will now need to file an eManifest indicating that the IIT contains residue. If the container has been cleaned prior to return to the U.S., then the container must be manifested as empty.

• For truck IIT – a quantity of residue not to exceed 3 per cent of the IIT’s total capacity

• For rail IIT – a quantity of residue not to exceed 7 per cent of the IIT’s total capacity

Furthermore, should the amount of residue exceed the limits cited above, the shipment will require an entry as a commercial transaction and will not be considered residue.

CBP will provide a modified enforcement period of 90 days to allow the trade to refine its systems and business practices to become compliant. Deringer will continue to provide information on the enforcement of this regulation. For additional information, please consult the IIT with Residue FAQ posted on CBP’s website or email us at compliance@anderinger.com.