US Customs & Border Protection (CBP) in Port Huron, MI, has issued Information Notice PH-OFO-17-03, intended to serve as a reminder to the trade community of the regulatory requirements for shipments of hazardous materials as well as to provide additional guidance and updates. This information was originally presented in Port Huron Pipeline PH-OFO-06-018 on May 30, 2006 and again on Pipeline PH-OFO- PH-16-04 on February 22, 2016.
The term “Hazardous Material” is defined, in part, by 49 CFR 171.8 as “a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 USC 5103).” A partial list of these substances can be found in the table following 49 CFR 172.101.
CBP POLICY
The policies regarding hazardous materials shipments were set forth in the previous Pipeline. This reiterates the most important points:
- Any cargo that is considered hazardous must be manifested in accordance with existing regulations. In the description field of the manifest, the proper chemical name, packaging group, and UN number should be given.
- CBP Officers will ensure that all hazardous cargo is properly marked, packaged, and placarded. Leaking, improperly marked, labeled, packaged, or placarded cargo will not be released.
- Hazardous cargo will not be processed or inspected until all of the required information and documentation is received. This may include a Safety Data Sheet (SDS, formerly ‘MSDS’), which we require under 19 CFR 142.3(a)(5) to be provided upon request. It is recommended brokers maintain a file of their clients’ SDS sheets, since failure to provide one when requested could result in delays or refusal of the shipment. A copy of the U.S. Department of Transportation (DOT) Emergency Response Guidebook in the truck satisfies the requirement mentioned in section 5(h) below, but does not meet the requirements for an SDS request.
- All importations of hazardous cargo (including waste material) will require a formal entry. No informal entries will be accepted. Livingston Note: CBP-Port Huron and CBP-Buffalo are known to follow this policy strictly. Other CBP Ports may use their discretion, applying this policy on a case-by-case basis.
- Vehicles transporting hazardous materials have very specific requirements for licensing, insurance, and documentation under Title 49 of the CFR. For your reference, this is a partial list of the items that CBP Officer may check:
a). Commercial Driver’s License w/endorsements – 49 CFR 383.23, 383.93
b). Insurance – 49 CFR 387.7, 387.303
c). HazMat registration for certain commodities – 49 CFR 107.601
d). Container marking – 49 CFR 172.300
e). Container labeling – 49 CFR 172.400
f). Vehicle placards – 49 CFR 172.504
g). Shipping papers – 49 CFR 172.200
h). Emergency response information – 49 CFR 172.602
i). Emergency phone number – 49 CFR 172.604
j). Load segregation – 49 CFR 177.848
k). Load securement – 49 CFR 392.9
l). Proper placarding – 49 CFR 173.24
m). FAST card for non-US citizen drivers –TSA Hazmat Threat Assessment Program of 2004
ACTION
In addition to the safety risks posed by hazardous materials, there are also significant anti-terrorism concerns. Therefore, CBP in Port Huron plans to increase inspections on these shipments. Importers, brokers, and especially carriers are thus strongly advised to ensure that they are in full compliance with all relevant state and local laws and regulations. Noncompliance may result in delays, refusal of entry, or civil penalties issued under 19 USC 1595a (b) or 19 USC 1436 as well as citations from 49CFR.
Livingston Note: While this guidance has come from the CBP-Port Huron, MI, office, multiple US Ports have issued similar guidance in the past. It is strongly recommended the approach outlined above be applied for transportation of hazardous materials through all US Ports of entry.
As always, questions about this regulatory update may be directed to your Livingston account manager, or to Livingston’s US Regulatory Affairs group: usregaffairs@livingstonintl.com.