From: Subject: FR Doc E8-18174 Date: Thu, 7 Aug 2008 12:23:12 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-18174.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-18174 
[Federal Register: August 7, 2008 (Volume 73, Number =
153)]
[Notices]              =20
[Page 46029-46030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au08-78]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection

[CBP Dec. 08-30]

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Container Seals on Maritime Cargo

AGENCY: U.S. Customs and Border Protection, Homeland Security.

ACTION: General notice.

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SUMMARY: This document brings attention to the existing statutory=20
requirement by which all maritime containers in transit to the United=20
States are required to be sealed with a seal meeting the ISO/PAS 17712=20
standard and specifies the date on which the requirement shall take=20
effect.

EFFECTIVE DATE: October 15, 2008.

FOR FURTHER INFORMATION CONTACT: Leslie Fleming Luczkowski, Cargo and=20
Conveyance Security, Office of Field Operations, (202) 344-1927.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to 6 U.S.C. 944, as amended by Section 1701 of Title XVII=20
(``Maritime Cargo'') of the Implementing Recommendations of the 911=20
Commission Act of 2007 (911 Act), the Secretary of Homeland Security is=20
authorized to establish by regulation minimum standards and procedures=20
for securing containers in transit to the United States. The 911 Act=20
provides that if the Department of Homeland Security (DHS) does not=20
issue an interim final rule for establishing such minimum standards and=20
procedures by April 1, 2008, effective no later than October 15, 2008,=20
all containers in transit to the United States shall be required to be=20
sealed with a seal meeting the International Organization for=20
Standardization Publicly Available Specification 17712 (ISO/PAS 17712)=20
standard for sealing containers. As DHS has not issued regulations=20
establishing minimum standards and procedures for securing such=20
containers at this time, pursuant to 6 U.S.C. 944, all maritime=20
containers in transit to the U.S. by vessel shall be required to be=20
sealed with a seal meeting the ISO/PAS 17712 standard for sealing=20
containers no later than October 15, 2008.
    As 6 U.S.C. 944 imposes a self-executing legal requirement, DHS is=20
not required to issue regulations for this requirement to be=20
implemented. This document does not impose additional requirements=20
beyond those found in 6 U.S.C. 944. This document simply serves to=20
bring attention to the existing statutory requirement that all maritime=20
containers in transit to the United States by vessel are required to be=20
sealed with a seal meeting the ISO/PAS 17712 standard and specifies the=20
date on which the requirement takes effect.

The ISO/PAS 17712 Standard

    Generally, ISO/PAS 17712 requires that container freight seals meet=20
or exceed certain standards for strength and durability so as to=20
prevent accidental breakage, early deterioration (due to weather=20
conditions, chemical action, etc.) or undetectable tampering under=20
normal usage. ISO/PAS 17712 also requires that each seal be clearly and=20
legibly marked with a unique identification number.
    Copies of ISO/PAS 17712 may be purchased from the International=20
Organization for Standardization, 1, rue de Varemb[eacute], CH-1211=20
Geneva 20, Switzerland or the American National Standards Institute, 25=20
West 43rd Street, New York, NY 10036.

[[Page 46030]]

Containers Subject to the 6 U.S.C. 944 Sealing Requirement

    All loaded containers, including foreign cargo remaining on board=20
(FROB), arriving by vessel at a port of entry in the United States on=20
or after October 15, 2008, are required to be sealed with a seal=20
meeting the ISO/PAS 17712 standard.
    U.S. Customs and Border Protection (CBP) recognizes that there are=20
types of containers that cannot be readily secured by use of a=20
container freight seal meeting the ISO/PAS 17712 standard. These=20
include tanks, non-standard containers (such as open top containers),=20
or containers that simply cannot accommodate a seal meeting the ISO/PAS=20
17712 standard (such as custom built containers). These types of=20
containers are not subject to the statutory requirement.

Enforcement of the 6 U.S.C. 944 Sealing Requirement

    CBP will consider 6 U.S.C. 944 to be violated if a loaded container=20
that is subject to the sealing requirements arrives by vessel at a port=20
of entry in the United States on or after October 15, 2008, either (i)=20
with no seal or (ii) with a seal that does not meet the ISO/PAS 17712=20
standard. These violations derive from a failure to properly seal the=20
container.
    CBP may assess a civil penalty against the party responsible for=20
the violation of 6 U.S.C. 944 under 19 U.S.C. 1595a(b) for the=20
attempted introduction of merchandise into the United States contrary=20
to law.
    CBP will phase in penalty assessments for violation of the=20
container sealing requirements.

Trade Act Requirements

    CBP also takes this opportunity to remind vessel carriers that=20
pursuant to 19 CFR 4.7(b)(2) and 4.7a(c)(4)(xiv), they must transmit=20
all seal numbers to CBP 24 hours before cargo is laden aboard a vessel=20
at a foreign port via the Vessel Automated Manifest System (AMS).

    Dated: August 4, 2008.
Thomas S. Winkowski,
Assistant Commissioner, Office of Field Operations.
[FR Doc. E8-18174 Filed 8-6-08; 8:45 am]

BILLING CODE 9111-14-P