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CBP Postpones IIT Residue Entry Pilot

CBP will not start the pilot program for formal manifesting and entry of residue contained in instruments of international traffic (IIT) that was slated to begin Nov. 25, said CBP in a CSMS message. CBP made the decision "after further consultation with the international trade community," it said. CBP said it "will work to address remaining trade concerns related to this matter and announce a future test date after further consultation with the trade community."

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A group of trade associations recently asked the Department of Homeland Security to step in an delay the CBP test because CBP "has failed to incorporate industry feedback or provide any clear basis for adopting their position" and further work with other agencies is needed (see 13111203). The pilot stems from a 2009 CBP ruling, HQ H026715, that said Instruments of International Traffic (IITs) containing residue are subject to entry requirements for the IIT’s contents (see 09072140). Previously, the IITs were allowed to be entered as empty.

The American Chemistry Council, one of the groups that asked DHS to delay the test, said it was pleased with the decision. The agency should "delay the test and the enforcement of HQ Ruling H026715 for 12 months," it said. Such a delay would "allow appropriate time for Congress to consider the Residue Entries and Streamlining Trade Act (H.R. 2806), introduced by Rep. Kenny Marchant (R-TX) and Rep. Ron Kind (D-WI) in July. The test, and enforcement of the ruling, would be rendered moot by enactment of this bill,” it said.