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Container Seal Requirements for Maritime
Cargo
Date: September 15, 2008
On August 7, 2008, U.S. Customs and Border Protection
("CBP") issued a general notice in the Federal Register
informing interested parties of an existing statutory requirement
which requires all loaded maritime containers, including foreign
cargo remaining on board (FROB), arriving at a United States port
of entry on or after October 15, 2008, be sealed with a seal meeting
the International Organization for Standards Publicly Available
Specification (ISO/PAS) 17712 standard.
The CBP notice states that the ISO/PAS 17712
standard generally requires that container freight seals meet
or exceed certain standards for strength and durability so as
to prevent accidental breakage, early deterioration (due to weather
conditions, chemical action, etc.) or undetectable tampering under
normal usage. Furthermore the standard requires that a unique
identification number be clearly and legibly marked on each seal.
This is a reminder to ensure that your ocean
containers will be in compliance with the forthcoming container
seal requirements.
Containers Subject to Seal Requirements
The container seal requirement applies to all
loaded containers, including FROB, arriving by vessel on or after
October 15, 2008. However, CBP recognizes that certain types of
containers cannot be readily secured with a seal meeting the ISO/PAS
17712 standard and are therefore not subject to the seal requirements.
These container types include tanks, non-standard containers (such
as open top containers), or containers that simply cannot accommodate
a seal meeting the ISO/PAS 17712 standard (such as custom built
containers).
Penalty Assessments for Container Seal Violations
CBP will consider a violation of the seal requirement
to have occurred if a loaded container subject to the sealing
requirements arrives by vessel at a United States port of entry
on or after October 15, 2008 either with no seal or with a seal
that does not meet the ISO/PAS 17712 standard. CBP further states
that a phased-in approach will be taken in the assessment of civil
penalties for violation of the container seal requirements. The
civil penalty would be assessed for violation of 6 U.S.C. 944
under 19 U.S.C. 1595a (b) for the attempted introduction of merchandise
into the United States contrary to law.
Federal Register Notice
The CBP general notice "Container Seals
on Maritime Cargo" may be accessed online at:
http://edocket.access.gpo.gov/2008/pdf/E8-18174.pdf
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