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CBP Sets Procedures in Event of Port Disruption Due to Strike

CBP is establishing procedures in the event of a longshoremen's strike (here). CBP said its Office of Field Operations is working with all field locations to update contingency plans so all affected seaports can resume vessel operations and entry processing of freight as quickly as possible. It issued general vessel, cargo, and entry guidelines developed in cooperation with trade stakeholders and incorporating CBP system limitations identified during the recent disruptive events. It said trade members should work closely with local CBP port management to ensure compliance with all CBP policies and procedures, and the procedures are only applicable during the disruptive event. Among other things, CBP said:

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  • CBP will provide instant alerts and up-to-date information if an event occurs that could delay the flow of trade through a port of entry on the public CBP Unified Business Resumption site (here).
  • CBP will also transmit information through the Cargo Systems Messaging Service (here), augmented by an email subscription service.
  • Affected CBP ports will designate a point of contact for trade inquiries regarding specific procedures for each port.
  • In the case of vessels in Port with cargo destined for subsequent U.S. ports and discharged or vessel diverted to another U.S. port and discharged, vessel carriers will amend the diverted bills to indicate the new port of unlading.
  • Vessel carriers may initiate in-bond movements for the foreign-origin cargo allowing for inter-modal transport of the goods to the intended U.S. ports for processing by CBP. No change to the entry is required. CBP at the in-bond port of destination will manually post any pre-filed entries against the in-bond number to close out the in-bond movement.
  • Entry filers have the option of deleting the pre-filed entry and filing a new entry reflecting the in-bond number or entry filers have the option of deleting the entry and re-filing an entry at the port of discharge.
  • When a shipment receives a “Documents Required” message for merchandise requiring FDA examination, coordination with FDA must be made to determine the examination location.
  • Carriers will receive electronic messages for entries including Remote Location Filing (RLF) entries.
  • When a shipment covered by an entry (including RLF entry) is designated for a security or agriculture examination, it will be performed at the U.S. port of vessel arrival and discharge. The entry filer will need to contact the examining CBP port and provide documentation requested to facilitate the examination and release of the cargo.
  • When a shipment covered by an entry (including RLF entry) is designated for compliance examination, the shipment may be transferred under bond to the intended U.S. port for examination. The entry filer will need to contact the CBP port where the cargo was discharged to determine if the merchandise can be transported in-bond and the examination conducted at the CBP port of destination.
  • In all instances where an entry is filed at the intended U.S. port and the vessel diverts to another U.S. port, the entry summary must be filed at the intended U.S. port within 10 working days. The 10-day entry summary clock will begin once the vessel has arrived at a subsequent U.S. port of arrival, the shipment is discharged, and entry is filed.
  • CBP will work to keep other government agencies that have oversight responsibilities for import and export shipments informed of any port disruptions.
  • For vessels diverted to foreign port, cargo discharged and arriving in the U.S. by other than vessel, all bills of lading, Importer Security Filings (ISF), and entries filed against those bills need to be deleted (not canceled), unless entry summary has been filed and monies paid, in which case the entries would need to be canceled.
  • New entries will be filed at the appropriate port of entry for merchandise entering the U.S.
  • Entry filers for shipments subject to Food and Drug Administration requirements must request deletion and a new Bio-Terrorism Act (BTA) submission should be transmitted along with the new entry for those FDA-regulated shipments. A new prior notice will be transmitted to FDA for shipments requiring prior notice.
  • The entry filer should contact staff at the intended CBP entry filing port to obtain detailed instructions for submitting a deletion list. Entries should be removed from the statement.