ISO-Compliant Mechanical Seal Requirement for All Maritime Containers in Transit to the U.S. Takes Effect October 15, 2008
In August 2008, U.S. Customs and Border Protection issued a general notice on the statutory requirement that all maritime containers in transit to the U.S. that arrive by vessel at a port of entry in the U.S. on or after October 15, 2008, be sealed in accordance with the International Organization for Standardization Publicly Available Specification (ISO/PAS) 177121 for mechanical seals.
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(ISO/PAS 17712, titled "Freight Containers - Mechanical Seals," establishes uniform procedures for the classification, acceptance, and withdrawal of acceptance of mechanical freight container seals and provides a single source of information on mechanical seals that are acceptable for securing freight containers in international commerce.)
ISO/PAS 17712 also defines various types of mechanical seals, outlines the general requirements and marking for such seals, discusses various types of mechanical seal testing, and provides "best practices" for mechanical seal manufacturers.
Any Mechanical Seal Meeting ISO/PAS 17712 Standard Meets October 15, 2008 Requirement
While ISO/PAS 17712 covers different levels and types of mechanical seals, CBP sources have previously noted that any mechanical seals that meet the ISO/PAS 17712 standard would meet the October 15, 2008 sealing requirement:
The types of mechanical seals listed in ISO/PAS 17712 include:
| - wire seals- padlock seals- strap seals- cable seals- bolt seals |
(See ISO/PAS 17712 for definition of these seals, as well as testing details. Also note that this standard contains information on security and high security mechanical seals.)
Loaded Containers Subject to the Seal Requirement, Unless Excepted
According to CBP, all loaded containers, including foreign cargo remaining on board (FROB), arriving by vessel at a port of entry in the U.S. are required to be sealed with a seal meeting the ISO/PAS 17712 standard.
CBP states that it recognizes that there are types of containers that cannot be readily secured by use of a container freight seal meeting the ISO/PAS 17712 standard and are therefore not subject to the statutory requirement. These include tanks, non-standard containers (such as open top containers), or containers that simply cannot accommodate a seal meeting the standard (such as custom built containers).
CBP to Provide Additional Details on its Plans to Phase-in Penalty Assessments
In its general notice, CBP stated that it will consider 6 USC 944 to be violated if a loaded container, that is subject to the sealing requirements, arrives by vessel at a port of entry in the U.S. on or after October 15, 2008, either (i) with no seal or (ii) with a seal that does not meet the ISO/PAS 17712 standard. These violations derive from a failure to properly seal the container.
CBP has also stated that it will phase in civil penalty assessments for violation of the container sealing requirement (i.e., utilize an informed compliance process), and that a civil penalty may be assessed against the party responsible for the violation of 6 USC 944 under 19 USC 1595a(b) for the attempted introduction of merchandise into the U.S. contrary to law. CBP sources state that they will be providing the trade with additional guidance on their plans to phase in penalty assessments.
Use of ISO/PAS 17712 High Security Seals Already a C-TPAT Requirement
Most of the Customs-Trade Partnership Against Terrorism (C-TPAT) minimum security criteria require the utilization of high security seals that meet or exceed the current ISO/PAS 17712 specifications for high security mechanical seals.
1Copies of ISO/PAS 17712 may be purchased from the International Organization for Standardization, 1, rue de Varembe, CH-1211 Geneva 20, Switzerland or the American National Standards Institute, 25 West 43rd Street, New York, NY 10036 (http://webstore.ansi.org/)
(See ITT's Online Archives or 08/11/08 news, 08081110, for BP summary of CBP's August 2008 general notice.
See ITT's Online Archives or 04/16/08 news, 08041605, for BP summary of CBP Deputy Commissioner Ahern testifying on cargo and border security issues, including the October 15th requirement for container seals.
See ITT's Online Archives or 08/08/07 news, 07080810, for Part II of BP's summary on P.L. 110-53, with information on the October 15th deadline for container seals.)
CBP general notice (CBP Dec. 08-30, FR Pub 08/07/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-18174.pdf