IMPORTERS NEED TO BE AWARE OF NEW MANDATORY REQUIREMENT FOR MARITIME CONTAINERS WITH SEALS TO MEET ISO/ PAS 17712 STANDARDS

On August 13, 2008 The Port Of Houston/Galveston issued a Public Information Notice with regard to a new Mandatory Requirement that all Importers should be aware of.

We reprint the information here because we want to make sure that all details are passed on to our customers and the US Importers that may have questions about this new Seal Requirement:

US Customs and Border Protection Department of Homeland Security - AREA PORT OF HOUSTON/GALVESTON

PUBLIC INFORMATION NOTICE

DATE: 08 13 08

NUMBER: HFO 08-008

FOR FURTHER INFORMATION CALL: CBPO SUPERVISOR ARIZPE

832-549-6779

SUBJECT: MANDATORY REQUIREMENT FOR MARITIME CONTAINERS WITH SEALS TO MEET ISO/ PAS 17712 STANDARDS

Federal Register Notice / Vol. 73, No. 153 was published August 7, 2008, and will become effective October 15, 2008, requires sealing all maritime containers with a seal that meets the International Organization for Standardization, Publicly Available Specification 17712 (ISO/PAS 17712), Freight Containers-Mechanical Seals.

This mandate is the result of several 2007 amendments to the Security and Accountability For Every Port (SAFE Port) Act of 2006. The provisions of Section 1701 of the Implementing Recommendations of the 911 Commission Act of 2007, codified at 6 U.S.C. § 944, impose a self-executing legal requirement. The Department of Homeland Security is not required to issue regulations for this requirement to be implemented. Therefore, no later than October 15, 2008, all maritime containers in transit to the United States must be sealed with an ISO/PAS 17712 mechanical seal.

The statutory requirement applies to loaded containers, including freight remaining on board, arriving by vessel at U.S. ports of entry. Exceptions, however, include tanks, non-standard containers (such as open top containers), and those incapable of being affixed with such a seal. US Customs and Border Protection will ensure compliance with this new requirement as part of normal seaport container inspection activities and does not envision new activities aimed simply at seal verification.

CBP will consider 6 U.S.C. 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 United States 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. CBP may assess a civil penalty against the party responsible for the 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.

CBP also takes this opportunity to remind vessel carriers that pursuant to 19 CFR 4.7 (b)(2) and 4.7a(c)(4)(xiv), seal numbers must be transmitted to CBP 24 hours before cargo is laden aboard a vessel at a foreign port via the Vessel Automated Manifest System (AMS).

DISCLAIMER: This information has been prepared for your convenience by the U.S. Customs and Border Protection officers at the Port of Houston/Galveston. This material is intended to provide guidance. Recognizing that many complicated factors are involved in CBP matters, an importer may wish to obtain a binding ruling under 19 CFR Part 177. Reliance solely on this information may not be considered reasonable care. Importers are referred to Treasury Decision 97-96, which was published in the Federal Register of December 4, 1997, and in the Customs Bulletin of December 17, 1997, for in-depth information on the concept of reasonable care.

Michael J. Sinclair

Area Port Director 7141 Office City Drive, Houston, TX 77087 Please visit our website at www.cbp.gov

In layman terms this means all importers must begin to use Seals that meet Federal Requirements. As an importer, If your supplier overseas ships you a full container of cargo after October 15th, 2008 that does not have the proper Mechanical Locking Seal, you may be fined by US customs on a per container basis.

Here are a few samples of mechanical seals that meet the standard:

Container Seal that meets ISO 17712 Standards

Container Cable Seal that meets ISO 17712 Standards

Don't let this happen to you. Contact a sales team member at the Gateway Logistics Group, sales@gateway-group.com or anyone in the Houston or Miami Import Departments and we can make sure that your suppliers know the correct types of seals to use. We can assist in routing your cargo through a network of agents that are aware of this new requirement. We are a full service Logistics Provider with on staff fully certified Customs Brokers in both Houston and Miami. We can clear cargo remotely for almost any Major US port inbound from any foreign country. If you have questions please do not hesitate to call.

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