As part of the SAFE Port Act legislation, Customs is advising the trade community by Federal Register notice dated August 5, that all containers in transit to the United States by October 15, 2008, must be sealed with a seal meeting the ISO/PAS 17712 standards for sealing containers.
Failure to be in compliance with this requirement, as codified in 6 U.S.C. 944, may result in penalties being assessed under 19 U.S.C. 1595a(b) for attempting to enter merchandise into the U.S. contrary to U.S. law.
Under the SAFE Port Act if the Department of Homeland Security failed to issue an interim final rule for establishing minimum standards and procedures for containers by April 1, 2008, then effective no later than October 15, all containers must be sealed with seals meeting the ISO/PAS 17712 standards.
The Federal Register notice states that CBP will "phase in penalty assessments for violation of the container sealing requirements".
Copies of the ISO/PAS 17712 standards may be purchased from the International Organization for Standardization, in Switzerland or the American National Standards Institute, 25 West 43rd Street, New York, NY 10026.
We strongly suggest that all importers contact their foreign suppliers as soon as possible to ensure that they are in compliance with these sealing requirements prior to October 15.