CBP Says Canadian Truckers Forcing Adjustments, Will Allow for Cargo Through Detroit-Windsor Tunnel

CBP is making several adjustments to reduce the impact on trade flows from the ongoing protests on the northern border over Canadian vaccine requirements for truckers, Thomas Overacker, CBP executive director-cargo and conveyance security, said during a Feb. 9 conference call. As part of that, the agency is allowing for diversions and is telling its field offices that "a port mismatch is not grounds for stopping a truck," he said. CBP issued a CSMS message on the subject that said "CBP ports are encouraged to consider maximum flexibility to ensure that legitimate cargo is processed."

The ports were instructed to "actively communicate with customs brokers to remedy any issues specifically caused by port diversion and or port mismatches," said Jim Swanson, director of the agency’s Cargo and Security Controls Division. "In some cases, the only potential fix may well be a cancellation and refiling of an entry, but we're working to try and smooth that process as much as possible." The agency wants most entry fixes to occur in a "post-release environment" rather than holding up truck movement even more, he said. Additional CBP guidance is likely as issues arise, Swanson said.

Since the vaccine requirements took effect Jan. 22, the agency has refused entry on the northern border to only three drivers for not being vaccinated, he said. Trade and travel largely continued across the border "unimpeded" until the protests began, he said. While the biggest protests are in Ottawa, "we've had sporadic protests in other locations," with one of the "most impactful" being in Coutts, Alberta, near Sweet Grass, Montana, he said.

CBP is also working to relieve the disruption at the Ambassador Bridge between Windsor, Ontario, and Detroit. The Detroit-Windsor tunnel, which is typically limited for commercial operations, can be used as an alternative as long as the conveyance isn't taller than the height restrictions, Overacker said. "I think we recognize these are extraordinary times," he said. One industry participant on the call said the disruptions are resulting in a major "financial impact" to the automotive industries on both sides of the border that may result in "imminent shutdowns."

CBP remains in close contact with the Canada Border Services Agency, said Casey Durst, executive director-operations at CBP. The agency has seen some delays to outgoing cargo due to roads being blocked by both protesters and by Canadian police, she said. While this "isn't a CBP issue per se, this is certainly one that is impacting all of us," she said. CBP has seen an increase in traffic through Buffalo, as companies make different plans to get in and out of the U.S., though that hasn't been true through Boston, Vermont or New Hampshire yet, she said. CBP also hasn't seen any similar protests on the U.S. side but remains in contact with state and local law enforcement to address disruptions that do come up, Overacker said.