U.S. CBP Notice - Vancouver Vessel Diversions Due to the Port of Metro Vancouver Strike

U.S. Customs and Border Protection (CBP) ports on the northwest coast of the U.S. have received requests for vessel diversion as a result of the truck driver strike in Vancouver, Canada. Companies are requesting diversion to a U.S. port in order to discharge the cargo for delivery to Vancouver via truck or rail; or request for diversion to deliver the cargo to a U.S. destination.

In anticipation that vessels or cargo will be diverting to U.S. ports, CBP is issuing guidance for port operations. All elements of the Trade Act will be enforced. Cargo shipments that do not meet the Trade Act requirements may be subject to CBP enforcement actions. All other laws and regulations enforced by CBP, including Importer Security Filing (ISF) will be applicable to these shipments and to the transporting conveyances. Importers are reminded that shipments must comply with laws of partnering government agencies, and are subject to enforcement actions if these regulations are not met.

The current regulatory requirements for ISF should still be followed. For cargo that is entering into the commerce of the U.S., an ISF-10 is required, and for cargo that is transiting the U.S. (IE, T&E), an ISF-5 is sufficient. If the cargo was originally identified as "Freight Remaining on Board", and is intended to be discharged and transit to Canada, the original ISF-5 for that cargo satisfies your ISF filing requirements.

It should be noted that all diverted cargo is subject to normal CBP processes, including targeting, enforcement examination and large-scale non-intrusive inspection at the actual port of discharge.

For cargo that would have been subject to a "DO NOT LOAD" order had the information been transmitted 24 hours prior to lading in the foreign port, CBP may deny permission for the carrier to unlade the cargo. Under no circumstances will unscreened cargo be discharged in the U.S.

For vessels that meet all of the following conditions, the Port Director will make a case-by-case determination for the carriers that will be allowed to discharge:

* The carrier has transmitted cargo information to CBP via the Automated Commercial Environment reflecting the actual U.S. port of unlading (diversion port);

* CBP officers have had the opportunity to screen the cargo and none of the shipments are determined to be of such high risk that discharge would not be authorized; and

* The Port Director has approved the carrier's request for the diversion. Requests for diversion of vessels not originally calling at a U.S. port shall be submitted via a CBP Form 3171 (APPLICATION-PERMIT-SPECIAL LICENSE UNLADING-LADING-OVERTIME SERVICES)