CBP Advises Trade of Regulatory Requirements for Cargo Diverted from Port Metro Vancouver
Companies have started to request permission to unload cargo destined for Vancouver at U.S. ports as the labor dispute and truck driver strike in the Canadian city continues, said CBP in a CSMS message. Truckers at Port Metro Vancouver have been on strike since Feb. 26, though there has been some progress toward resolving the dispute, said A.N. Deringer in a March 14 alert.
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Shippers have asked for permission to divert the cargo to a U.S. port and send it to Vancouver by truck or rail or deliver the cargo to an American destination, said CBP. "In anticipation that vessels or cargo will be diverting to U.S. ports, CBP is issuing guidance for port operations," the agency said. "All elements of the Trade Act will be enforced. Cargo shipments that do not meet the Trade Act requirements may be subject to CBP enforcement actions. All other laws and regulations enforced by CBP, including Importer Security Filing (ISF) will be applicable to these shipments and to the transporting conveyances. Importers are reminded that shipments must comply with laws of partnering government agencies, and are subject to enforcement actions if these regulations are not met."
Cargo that will enter into U.S. commerce will require an ISF-10, said CBP. Cargo that is transiting the U.S. or is "originally identified as 'Freight Remaining on Board', and is intended to be discharged and transit to Canada" require an ISF-5, the agency said. "For cargo that would have been subject to a 'DO NOT LOAD' order had the information been transmitted 24 hours prior to lading in the foreign port, CBP may deny permission for the carrier to unlade the cargo. Under no circumstances will unscreened cargo be discharged in the U.S." Requests for diversion of vessels "not originally calling at a U.S. port shall be submitted via a CBP Form 3171 (APPLICATION-PERMIT-SPECIAL LICENSE UNLADING-LADING-OVERTIME SERVICES)," the notice said.
Carriers must transmit cargo "to CBP via the Automated Commercial Environment reflecting the actual U.S. port of unlading (diversion port)," allow CBP officers to screen the cargo and receive Port Director approval for diversion, said CBP. Once those requirements are met, the Port Director will make a case-by-case decision on if the vessel is allowed to discharge, the agency said. The diversion of cargo may involve additional costs, said A.N. Deringer in its alert (here). "Customers who have cargo diverted to Seattle-Tacoma have the option to arrange for transportation from that terminal, which may mean additional drayage costs. Alternately, shippers can store their goods at the new port until an agreement is reached at Port Metro Vancouver," though "shippers would be responsible for demurrage and handling costs incurred."