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CIFFA met on October 15 with CBSA officials at the Commercial and Trade Branch to discuss compliance matters related to the mandatory eHBL filings by freight forwarders.
Following is a summary of the infractions.
C378 – Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance (Level 1 $2,000, Level 2 $4,000, Level 3 $8,000)
Penalty amounts remain significantly high. The second quarter of this year resulted in 110 penalties being issued for a total amount of $654,000. The third quarter had 76 for a total of $338,000. CBSA advises that, of the total penalties issued, all but one occurred when filings were made post arrival, with no ACI on record.
CBSA further wishes to remind forwarders that a cancellation/deletion of ACI is considered a non-transmission and, in instances where clients need to make a change post arrival regarding key data elements such as the cargo control number, a BSF673 form needs to be submitted. This process will not result in penalties being issued.
C379 – Person failed to submit advance information in the prescribed time or prescribed manner to the Agency (Level 1 $250, Level 2 $375, Level 3 $750)
Similarly, compliance is not improving in this area, as penalties issued in the second quarter totalled 102 for $58,125. The third quarter resulted in 89 penalties being issued for $46,500. We were informed that 95.3% of infractions were related to timelines, meaning filings were made pre-arrival, but later than the legislative requirements (24 hours – marine, 4 hours – air, 2 hours – rail and 1 hour – highway).
C382 – Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete (Level 1 $500, Level 2 $750, Level 3 $1,500)
Penalties have increased for this infraction, with 25 penalties issued in the second quarter – $29,500, and 43 in the third quarter – $42,750. It has been identified that cargo description accounts for 97% of the total, with “clothing” and “clothes” being the largest contributor.
Members should note that shipments containing clothing need to include the specific type of clothing as well as gender, as identified on the CBSA Detailed Commodity Descriptions webpage.
CIFFA is continuing to work with CBSA to address many of the shortfalls of the program. We have also requested a breakdown of foreign vs Canadian freight forwarder statistics and a summary broken down by mode. We will communicate the results once known.