CBP has issued new guidance regarding importations under 19 CFR 10.41a, which applies to Instruments of International Traffic (IIT) including pallets, shipping tanks, racks, skids, and ocean containers, whether full or empty.
While these rules are not new, CBP is now actively detaining empty ocean containers that are not properly declared as IIT.
To avoid delays or duty assessments, all containers including empties must be correctly declared and bonded under this regulation.
What’s Required Now?
If your shipment includes IITs that are not being imported for sale or commercial use, you must:
– Notify CBP on your entry forms — either Form 7533 or Form 7501
– Include the IIT reference in the ACE eManifest (cover sheet) using a descriptive note: “10.41a” + Bond #.
Example Notification (to be printed on the form):
TO THE DISTRICT DIRECTOR OF CUSTOMS AND BORDER PROTECTION IN EL PASO, TEXAS.
THESE ARTICLES ARE INSTRUMENTS OF INTERNATIONAL TRADE AND RELEASE IS REQUESTED IN ACCORDANCE WITH SECTION 10.41a CUSTOMS REGULATION.
APPLICABLE BOND 15 CF 301 # ________
IMPORTER OF RECORD: ____________________
IMPORTER #: _____________________________
How to Qualify as IIT
To be accepted as an Instrument of International Traffic, your shipment must meet all of the following:
• Designed for repeated use (typically reused more than twice)
• Used in significant volume in international trade
• Substantial in structure (strong enough to hold freight repeatedly)
• Covered under a valid continuous bond (CBP Form 301)
• Properly labeled in CBP systems and not diverted for storage or local-only use
What Counts as a Container?
Per the Customs Convention on Containers, the term “container” applies if:
• It has at least 1 cubic meter of internal volume
• It is designed to be easily filled, emptied, and moved between transport modes
• It may include accessories (e.g. corner castings, locks) but excludes vehicles and packaging
• Includes demountable truck bodies and standard ocean containers
Situations That Can Disqualify IIT Status
CBP may revoke duty-free treatment if:
• The item is used only for storage in the U.S.
• It doesn’t exit the U.S. within 365 days of entry
• It’s used in local U.S. transport without being part of an international shipment
• It’s sold for domestic use or modified abroad before return
Stay Compliant With EP Logistics
We’re here to ensure your shipments remain compliant, especially when dealing with cross-border returns, reusable containers, or bonded warehouse movements.
Let’s keep your traffic truly international and avoid costly surprises.