Changes considered for CBP empty container rule

July 11, 2012
National Tank Truck Carriers recently met with its coalition partners to discuss varied operating issues associated with the imminent enforcement of the US Customs and Border Protection cross-border residue rule, according to Dan Furth, NTTC vice-president. CBP has offered to make some changes in the rule.

National Tank Truck Carriers recently met with its coalition partners to discuss varied operating issues associated with the imminent enforcement of the US Customs and Border Protection cross-border residue rule, according to Dan Furth, NTTC vice-president. CBP has offered to make some changes in the rule.

The latest proposal that CBP has submitted would allow carriers to use a Section 321 manifest/entry for residue that is under 3% of the gross volume of the container. In addition. CBP would add several things to ACE to accommodate this: (1) a "section 321 with residue" description of the load; (2) "0" for value; and, (3) "1" for quantity (this refers back to quantity for bulk materials).

In addition, CBP has indicated that they would like to do an enforcement "test" of this rule with several motor carriers. The American trucking Associations and the NTTC would like to recommend carriers to CBP to perform this test. "We're looking for a broad base of carriers that transport chocolate, corn syrup, coca-cola or other syrups, oil and gasoline, nail polish chemicals, among other liquid bulk cargoes," Furth says. "Further, we'd like to be able to contrast the experience of both small and large carriers, so if your cross-border business is limited you may be a perfect candidate for the test to demonstrate increased expense and decreased utilization associated with enforcement.

The coalition is led by the ATA and includes NTTC, the American Chemistry Council, the Association of American Railroads, and other important stakeholders that would be negatively impacted by enforcement of this rule