BP will consider loaded containers subject to the sealing requirements to be in violation of the 9/11 Act if they arrive by vessel at a port of entry in the U.S. on or after Oct. 15 with either no seal or a seal that does not meet the ISO/PAS 17712 standard. In such cases CBP may assess a civil penalty against the party responsible for the violation for the attempted introduction of merchandise into the U.S. contrary to law. However, CBP states that it will phase in penalty assessments for such violations.
Generally, ISO/PAS 17712 requires container freight seals to meet or exceed certain standards for strength and durability so as to prevent accidental breakage, early deterioration (due to weather conditions, chemical action, etc.) or undetectable tampering under normal usage. It also requires each seal to be clearly and legibly marked with a unique identification number. However, CBP recognizes that there are types of containers that cannot be readily secured by use of a seal meeting the ISO/PAS 17712 standard, including tanks, non-standard containers (e.g., open top containers) or containers that simply cannot accommodate such a seal (e.g., custom-built containers). These types of containers are not subject to the statutory requirement. (click here for CBP notice)