December 15, 2004

The day when a driver could cross into the States with his load and come into the Broker's office for assistance in custom's clearance is over. 

New regulations now in place put the responsibility on the trucker to make sure that the U.S. Broker has transmitted the entry information into Customs at least one hour before he/she arrives at the border.  Failure on his part could result in a $5,000 fine and the load could still be returned to Canada.  (**Any shipment subject to F.D.A. Prior Notice Regulations will require a minimum of 2-hours advance notice).

It is important to note that Customs clock starts from the time the information is received electronically into their system.  If the importer had a very complicated, multi-line entry with various government agencies involved, it is going to take some time for the broker to put that entry information into a format that can be read by Customs.  The driver cannot expect that one hour after the PAPS release is faxed to the U.S. that they will be able to come across. 

This can be very hard to follow, especially since many facilities are within minutes of the border, and on a good day, when lines are short, the drivers could arrive at the Customs Release Station before that one-hour limit has arrived.  Ignorance of the law, and a response that "I thought that it had been transmitted sooner" will not be accepted by Customs. We have heard from reliable sources that if a driver should arrive "59 Minutes after receipt", they will be found to have been in violation of the regulations and subjected to the penalties associated with the occurrence.  The $5,000.00 fine in place is for a first-time offense, and doubles to $10,000.00 with any and every subsequent violation.

While we do not mean to scare any importer or trucker, we really are trying to make everyone aware that Customs has reached zero tolerance.  Full compliance for these regulations is essential in keeping the borders open and running smoothly. 

U.S. Customs and Border Protection clear more than 6,000 trucks per day at the Ambassador Bridge alone, and with a parking lot that can handle a maximum of 77 trailers at any one time, programs were developed to help in keeping trade open while keeping security in place.  The advance manifest notice of arrival is the program that has been developed and is now in place to keep the freight moving.

For more information and FAQ's on this subject please click here or if you should you have any questions, please feel free to contact any one of our staff.