CBP Adds New Scenarios to Guidance on Vessel Diversions Related to Hanjin Shipping
CBP added two new scenarios to the agency's previously released guidance on vessel diversions due to the recent bankruptcy of Hanjin Shipping (see 1609060045). The updated guidance (here) now includes information on how to proceed when an "entry has been filed, cargo has been released by CBP but terminal operator will not allow it to leave the terminal due to payment issues."
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Despite importer requests to cancel entries to avoid duty payments based on the 10-day entry summary deadline, "entries should not be routinely canceled," CBP said. "If the trade partner requests, CBP can suspend the 10 day clock by placing the entry on hold. CBP users should place a 'Documents Required' hold action on the entry using the option 'Other' and requesting terminal release documentation. The hold can be removed by CBP once the terminal grants release and proof is provided to CBP via [Document Image System] or other means to be determined by the ports. The purpose of this hold needs to be well documented so that CBP and trade can identify ... [it] as one related to the Hanjin issue. Ports should monitor the number of days the merchandise is held in the event the shipment stays on hold beyond 30 days and the detention policy requirements are triggered."
The agency also addressed cases in which cargo for export was been loaded on board a foreign-flagged vessel at a U.S. port and at a subsequent U.S. port "the exporter/carrier is requesting permission to unload the export cargo in the U.S." Such unloading would violate the Jones Act, CBP said. "CBP does not and cannot grant waivers. Only the [Department of Homeland Security] Secretary can and the criteria is for national defense. CBP can mitigate when there are exigent circumstances."