According to the CBP FAQ published February 3, 2012:

1.  All IIT containing residue returning to the U.S. may no longer be treated as empty.

2.  The following only applies to IIT that (1) are loaded in the U.S. with goods that are exported, and (2) subsequently return to the U.S. with a quantity of residue below the “Manifest Threshold Limits”:

      a)  For truck IIT – a quantity of residue not to exceed 3% of the IIT’s total capacity; and

      b)  For rail IIT – a quantity of residue not to exceed 7% of the IIT’s total capacity.

3.  In addition to the data elements outlined in 19 CFR §123.91 and 19 CFR §123.92, for  IIT returning residual cargo with quantities below the Manifest Threshold Limits, the following manifesting requirements are required by the carrier

      a)  Designation of the container (rail car, etc.) as an IIT;

      b)  The residue returning to the U.S. (i.e. “Residue Returning”);

      c)  A manifested quantity of “1” as the residue is being considered bulk cargo; and

d)  Certification that the amount of material remaining in the IIT is below the Manifest Threshold Limits.  This certification will be contained in the “Remarks/Cargo Description” section of the manifest and must state “Less than 3%” or “Less than 7%.”

4.  The manifesting party has a continuing duty to update the manifest to the extent the manifesting party becomes aware of any corrected data elements, such as a quantity exceeding the Manifest Threshold Limits.

5.  A CBP bond type 3A in the name of the entity requesting release is required for all IIT (19 CFR §113.66).  When manifesting more than one bond number, input the additional bond in the “Remarks/Cargo Description” section.

6.  Certain commodities imported as residue may be subject to other Federal agency license, permit, and/or restriction (e.g., DOT, EPA Toxic Substances Control Act (TSCA), FDA Prior Notice).  Nothing in this document is intended to waive other Federal, state, or local agency requirements for the importation or transportation of residue cargo. 

Failure to comply with manifesting regulations (19 CFR §123.91 and 19 CFR §123.92) and the manifested procedure outlined in this document could result in enforcement action (19 U.S.C. §1584) against the carrier and/or delays in release of the conveyance or shipment.

Entry requirements for IIT with residual cargo 

*May be subject to other Federal agency licenses, permits, and/or restrictions (e.g., DOT, EPA TSCA, FDA Prior Notice)

1.  Entry requirements for IIT with residual cargo are based on value, not manifested quantities or the fact that the IIT contains residue below the Manifest Threshold Limit.  Therefore, even if the quantity of residue remaining in the IIT is below the Manifest Threshold Limit, an entry (formal or informal) may be required.

2.  For informal and formal entry types, if the empty container is eligible for treatment as an IIT and claimed as such, only the residual product needs to be reported at entry using the correct tariff classification of the product with the correct value or classified using 9801.00.10 HTS (U.S. goods returned) if qualified and entered per 19 CFR §10.1. 

3.  A CBP bond type 3A in the name of the entity requesting release is required for all IITs (19 CFR §113.66).  If qualified, the residual cargo may be entered as an informal entry type 11 (e.g. free or dutiable) or under 19 U.S.C. §1321 for administrative exemptions, this would eliminate the Type 1 Importer or broker bond requirement for the residue. 

4.  The following information is required for merchandise valued less than or equal to $200 which qualifies for a Section 321 release without entry (19 U.S.C. §1321; 19 CFR §143.23).  In addition to this information, a valid type 3A bond in the name of the entity requesting release is required for IIT containing residue: 

a)  Country of origin of the merchandise;

b)  Shipper name, address, and country (see FAQ #13);

c)  Ultimate consignee name and address;

d)  Specific description of the merchandise;

e)  Quantity

f)  Shipping weight; and

g)  Value (may be zero, but must be less than or equal to $200 to qualify as Section 321).

IIT with residue below the Manifest Threshold Limit does not automatically qualify the shipment as Section 321.  For the shipment to qualify as Section 321, the value of the residue must be less than or equal to $200.  This document does not waive or modify any CBP entry requirements. 

Section 321 requires regular e-manifest data elements plus country of origin and value. 

Information about 3A bonds can be obtained from an approved surety and filed with the Indianapolis bond office. 

5.  Even where informal entry would normally be permitted, according to the CBP regulations at 19 CFR §143.22, the port director may require a formal consumption or appraisement entry for any merchandise if deemed necessary for import admissibility enforcement purposes, revenue protection, or the efficient conduct of Customs business. 

6.  Certain commodities imported as residue may be subject to other Federal agency licenses, permits, and/or restrictions (e.g., DOT, EPA TSCA, FDA Prior Notice).  Nothing in this document is intended to waive other Federal, state, or local agency requirements for the importation or transportation of residue cargo.