U.S. Manifest and Entry Requirements for Containers Containing Residues

(Canadian Trucking Alliance)

CTA has just received further clarification from U.S. Customs on the modification to ruling HQ113129 requiring a manifest and entry for all residue entering the U.S.

Customs and Border Protection has clarified that all residue remaining in a tanker must have both a manifest and entry on file. This requirement applies to residue from any and all cargo types, not just chemicals, as long as the residue is that of the cargo. For example, if a tanker filled with milk offloads in Canada, and milk residue remains in the tank, the milk residue must have a manifest and an entry filed prior to return to the U.S.

Residue that is incidental to the cargo (residual lubricant oil from auto parts) does not require a manifest or an entry. In this case, the cargo is auto parts not the lubricant oil.

Residue remaining in means of containment such as kegs, casks, barrels and drums does not require a manifest or an entry.

Every tanker that crosses into the U.S. should be cleaned of residue, otherwise the tanker is deemed “not empty” and the residue must be manifested and cleared through a Broker.

Please note the ruling will become effective September 16, 2009, at which time there may be increased enforcement by CBP for failure to manifest and declare residue.

The ruling on page 138 can be found here (PDF).