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CSMS #50138288 - CBP Guidance to Alleviate Supply Chain Disruptions in British Columbia, Canada, November 18, 2021

Issue:

Due to extreme weather conditions in British Columbia, Canada, that have caused flooding, landslides, road closures, and other supply chain disruptions Canadian domestic truck carriers may need to transit through the U.S. to reach destinations in Canada.  Any Canadian carriers that currently operate between the US and Canada as well as domestically are encouraged to follow the standard procedures for transit, including the advance filing of an electronic truck manifest and utilization of an in-bond or in-transit transaction.  This will facilitate crossing and decrease delay at the border that will be caused by these temporary measures.

The requirements below are designed to be utilized by Canadian domestic truck carriers that don’t normally cross the border in the normal course of their business. 

• Any Canadian carriers that currently operate between the US and Canada as well as domestically are expected to follow the standard procedures for transit, including the advance filing of an electronic truck manifest and utilization of an in-bond or in-transit transaction. 
• This will facilitate crossing and decrease delay at the border that will be caused by these temporary measures. 
• CBP will exercise maximum flexibility regarding these domestic freight shipments.  It is recommended that carriers have normal clearance documents readily available such as bill of lading, invoices, etc. to facilitate clearance. 
• For more information on electronic manifesting and bonds see the following link: https://www.cbp.gov/document/technical-documentation/ace-bond-guide-electronic-truck-manifest https://www.cbp.gov/document/guides/truck-manifest-create-manifest and https://www.cbp.gov/document/guides/truck-manifest-create-manifest-french

General rules:

The follow requirements are available to Canadian domestic truck carriers that do not have electronic manifesting capabilities or ability to file as a bonded carrier. 

• The area of operations will be initially limited to the following ports.
  • Emerson MB (Pembina, North Dakota 701-825-5800);
  • North Portal Saskatchewan (Portal Station, North Dakota 701-926-7500);
  • Coutts AB (Sweetgrass, Montana 406-335-9610);
  • Kingsgate; BC (Eastport, Idaho 208-267-3966);
  • Osoyoos, BC (Oroville, Washington 509-476-2955); and,
  • PAC Highway (Blaine, Washington 360-332-5771)
• For in-transit delays, such as a breakdown during transit, the carriers shall contact the nearest CBP port of entry
• Expected duration of the following work around measures will be for the duration of the infrastructure delays or up to thirty days and re-evaluated once commercial traffic normalizes or operationally resumes.
• All protocols and policies apply to any port of entry outside of the affected area, i.e., Seattle Field Office.
• Carriers and importers failure to follow stipulated workaround procedures will be penalized for any violations.  Note that CBP will exercise maximum flexibility to ensure that legitimate transactions are facilitated but need cooperation from the industry sector to ensure facilitation.
   

Travel Documents Requirements:

• Western Hemisphere Travel Initiative (WHTI) compliant document is required for all drivers and passengers/co-drivers.
  • Drivers and all vehicle occupants must be in possession of all documents, including approved Form I-194 waivers of inadmissibility, when applying for admission.
  • Those drivers and vehicle occupants who have a criminal history and do not have an approved waiver of inadmissibility will not be permitted to enter the United States.
  • https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative
  • https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative/faqs
     

Entry filing/requirements:

• Bond requirements for carriers within the containment area will be waived for trucking companies that do not normally cross the US border.
• User fee requirements will be adhered to, and fees will be collected.
  • https://help.cbp.gov/s/article/Article-18
• CBP Officers will input the manifest information in ACE manually based on the submission of documents provided.
   

Container security/verification:

• Containers must be properly sealed either prior to arrival or at the border.  CBP personnel shall record and/or verify seal numbers at both entry and exit ports of entry.  Carriers will not unload or load any additional cargo or break the seal on the container/trailer while in the US.
• Upon arrival to the US border CBP primary booth, identification and any documents including bills of lading, packing lists, invoices, foreign government certificates, etc. as well as trailer license number will be provided to the CBP Officer and/or agriculture specialist.
• Upon reentering Canada, carriers transiting under this procedure will present themselves to CBSA personnel for verification of seals and collection of seal numbers as well as Canadian reentry requirements.
   

Prohibited/restricted items:

• Prohibited items currently legal in Canada, but not in the U.S. will not be authorized for movement under these procedures.
• Restricted merchandise, such as medical equipment, pharmaceuticals, agriculture commodities, and live animals, may require further review by CBP personnel at the port of entry.  This may include additional documentation as mandated by the appropriate regulatory agency (USDA, FDA etc).  Additional information will be provided as it becomes available.