Residual waste materials are anything that is left in the bottom or inside any instrument of international traffic such as tankers, drums and containers to name a few. It's very difficult to determine if an instrument of traffic is indeed empty because it is common that a minimal amount of residual material would remain. The remaining residual material regardless of the amount or type is the concern of United States Customs and Border Protection (CBP).
In the near future, CBP will require these residual materials to be manifested and entered in to the United States in compliance with U.S. Customs regulations. This means E-manifests, formal entry and requiring an importer of record. The trucking company does not qualify; they never actually owned the goods and are only responsible for the transportation.
Who Then Is Responsible?
The Importer of Record can be any party who has financial interest in the goods. Or would it be the company (supplier) who sold the goods or the customer who purchased the goods? If you import a type of material that is going to leave a residual material behind, then we suggest you start researching your options. Making arrangements for each truck to be cleaned and certified free of any materials is one suggestion made by CBP at the Residual MaterialsInformation Session held July 7th, 2010 and hosted by Pacific Customs Brokers. CBP believes in "informed compliance" and keeping the public notified of up-coming regulations.
There are still a lot of questions to be answered but in order to be prepared for this next step in enforcement, we recommend acting on the below suggestions instead of getting broad sided when the regulations come into "enforced compliance" mode.
- Determine the quantity of the residual material that would be entering the U.S., or determine if the container is certified 'clean'
- If the container is not certified clean, determine the value of the residual amount
- Consult with a customs broker to determine if the commodity and value warrant a customs entry and then determine what kind of a customs entry will be applicable (formal entry, informal entry or Section 321 release)
- If an entry is required, a determination needs to be made as to which party should be the Importer of Record
- If an entry is required, the Importer of Record will need to be prepared to purchase a continuous bond