CSMS Message: 19-000071

Title:Guidance on Entries and Summaries impacted by Vessel Fire on Yantian Express
Date:2019-02-14
To:abi,acee,ocean,partner
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The vessel Yantian Express, operated by Hapag-Lloyd has been diverted enroute to Halifax and missed its scheduled arrival of January 6, 2019 in New York due to a fire onboard. This fire damaged both the vessel and an unknown number of cargo containers onboard. The vessel is currently in Freeport for a damage assessment and repairs. At this time the status of shipments destined to the U.S. aboard the Yantian Express is unknown. Hapag Lloyd intends to cancel the manifest for this voyage at this time.
U.S. Customs and Border Protection (CBP) has been informed that many shipments aboard the Yantian Express were released electronically in early January based on the estimated date of arrival. Normally, a late arrival of a vessel would generate a new entry/release date but in this case with no arrival, that is not possible. This leaves entries that have been released but are not yet arrived in the U.S. In many cases, entry summaries were certified establishing both the release of cargo and the responsibility of payment of duties and taxes.
CBP has identified the following scenarios and responses:
• Entry is in released status but no entry summary has been filed due to the known non-arrival of the vessel. In this scenario, entry cancellation requests should be made to CBP via ACE. Identify to local CBP ports involved that these are entries from the Yantian Express to facilitate cancellation. CBP should not issue late file assessments against these shipments.
• Entry summary has been filed and payment is overdue. These Entry Summaries should be cancelled and CBP should take no enforcement action on these shipments. If the entry is on a preliminary statement, the entry summaries may be removed off of statement and then the entry summaries can be cancelled.
• Entry Summaries have been filed and paid. Unliquidated entries should not be protested. Centers should complete an administrative refund (at refund request from importer in writing) and cancel the entry summary.