CN 17-28, Update - Changes to the CBSA Policies Respecting the Importation and Transportation of Goods (Delivery Requirements of Consolidated Cargo to Type CW Sufferance Warehouses)

1. This notice updates Customs Notice 17-06 and is for the attention of carriers, importers, freight forwarders and sufferance warehouse operators.

2. As part of the Canada Border Services Agency (CBSA) Cargo Control and Sufferance Warehouse Modernization (CCSWM) initiative, the CBSA has amended its delivery requirements for consolidated, unreleased cargo that has been reported and authorized to move inland to a sufferance warehouse. This policy change applies only to consolidated cargo and modifies the existing restriction that prohibits direct delivery to a Type CW sufferance warehouse.

3. From a CBSA standpoint, a consolidation exists when a number of shipments are grouped together by a consolidator or freight forwarder and shipped to an agent or a freight forwarder as one shipment and reported to the CBSA on one cargo control document (CCD) and under one cargo control number (CCN). Single shipments, also known as back to back shipments, are shipments that involve both a freight forwarder and a primary carrier, but consist of only one shipment. Single shipments are considered consolidated for the purposes of ACI transmissions. An electronic cargo transmission is required from the primary carrier indicating “yes” for consolidation. An electronic house bill and house bill close message is required from the freight forwarder. Single shipments will be processed in the same manner as consolidations that included multiple house bills.

4. Effective immediately, consolidated shipments consigned to a freight forwarder and reported by the carrier at the First Point of Arrival (FPOA), may be authorized to move directly (without being remanifested) to the freight forwarder sufferance warehouse sub-location warehouse code that is indicated on the cargo information provided by the primary carrier, under the following conditions:
a) The reporting carrier pre-arrival cargo information will include: the freight forwarder as consignee and the supplementary indicator or consolidation indicator as “Y”; and
b) The pre-arrival secondary house bill information is on file and in a reported status at the FPOA; and
c) The reporting carrier is bonded (where applicable), and maintains liability for the goods reported until a transfer of liability has taken place at the destination warehouse; and
d) The receiving sufferance warehouse is a CW type, as per Memorandum D4-1-4, Customs Sufferance Warehouses, it is authorized to receive consolidated freight and deconsolidate freight; and
e) sufferance warehouse operator receiving the cargo transmits an electronic Warehouse Arrival Certification Message (WACM) as defined in Section 14 of the Customs Sufferance Warehouses Regulations.
f) The CW type sufferance warehouse is able to receive the electronic Deconsolidation Notice from the CBSA.

5. Consolidated shipments consigned to a freight forwarder may also be authorized to move directly to the freight forwarder sufferance warehouse in the case where these shipments are exempt from pre-arrival reporting requirements (i.e. flying trucks). The sub-location warehouse code of the destination warehouse must be indicated on the cargo control document provided by the primary carrier.

6. Exception: Where a hold for examination is placed on the shipment, the shipment will be held at the FPOA. Movement beyond FPOA will not be allowed unless authorized by the CBSA.

7. In the air and marine modes, cargo logistically must go through the primary warehouse, but the cargo does not have to be destined to the primary warehouse.

8. Clients who are not already registered to receive the Deconsolidation notice should reference Chapter 11 of the ECCRD. You may contact the TCCU by email at tccu-ustcc@cbsa-asfc.gc.ca or by calling 1-888-957-7224 and selecting Option 1.

9. Liability for the cargo will be transferred from the bonded carrier associated with the CCN on the manifest to the sufferance warehouse operator at destination when the warehouse operator sends a Warehouse Arrival Certification Message (WACM) to the CBSA accepting liability for the cargo and the WACM is received and acknowledged by the CBSA.

10. As per existing policy, if the primary carrier indicates the FPOA as the final destination and there are related housebills on file the primary CCD is acquitted by the house bills at the FPOA. If the freight forwarder is bonded, they may transport the cargo to the final destination indicated on the house bill(s). If the freight forwarder is not bonded and a different carrier will be transporting the in bond shipment, remanifest as per current policy.

11. If there is a change requested in the destination of the cargo, for example, a new sub location number from what was originally reported; the current policy to amend the destination on the cargo remains unchanged.

12. The CBSA D-memoranda series will be updated to reflect this policy change.

13. Please note that this policy change does not negate the industry’s obligation to fulfill any legislative and/or regulatory program requirements of other government departments that pertain to the movement of in bond goods.

14. For more information, within Canada, call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time/except statutory holidays). TTY is also available within Canada: 1-866-335-3237.

This notice is available on the CBSA website.