would you do this or is it an interstate?
- Thread starter martinetav
- Start date
30
No, any portion of the load picked up in the US for delivery to US would be interstate. Whether or not you do it is your business, but go into it with eyes wide open. If you get caught you'll be kicking yourself for a good long time. (and the driver will be kicking you even harder)..
20
There is one (1) way that it is legal. If the goods from the second pick up are of Canadian origin, and have not been advanced in any way, shape, or form, it is legal for a Canadian carrier to pick up in the U.S. and deliver in the U.S.
Example; Customer XYZ builds Pink Widgets in Montreal. XYZ stores some of their stock in Montreal, and some of their stock in Champlain, NY. A Canadian carrier can legally pick up part of the load in Montreal, and the rest of the load at the warehouse facility in Champlain, NY, and deliver it to Atlanta, GA.
Caveat: Never tell a CBP officer when you are crossing the border to do such a move that is actually what you are doing. While it is technically legal, most CBP officers will deny you the opportunity, regardless of the law/ruling.
If that is something your customer wants you to do regularly, have the customer clear it with the port supervisor first, and make sure they get a letter stating CBP's the supervisor's position on the matter.
Example; Customer XYZ builds Pink Widgets in Montreal. XYZ stores some of their stock in Montreal, and some of their stock in Champlain, NY. A Canadian carrier can legally pick up part of the load in Montreal, and the rest of the load at the warehouse facility in Champlain, NY, and deliver it to Atlanta, GA.
Caveat: Never tell a CBP officer when you are crossing the border to do such a move that is actually what you are doing. While it is technically legal, most CBP officers will deny you the opportunity, regardless of the law/ruling.
If that is something your customer wants you to do regularly, have the customer clear it with the port supervisor first, and make sure they get a letter stating CBP's the supervisor's position on the matter.
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lowmiler88 is right. If it goes to the free trade zone in Laredo, it's essentially an intransit move across the U.S.
In other words, if the freight is headed for Mexico, then the free trade zone is considered Mexico. If the freight is headed for the U.S. (from Mexico), then the free trade zone is considered USA.
In other words, if the freight is headed for Mexico, then the free trade zone is considered Mexico. If the freight is headed for the U.S. (from Mexico), then the free trade zone is considered USA.
15
You can't even switch drivers in the US any more..........if a team comes from California and you switch them in Detroit with one of your drivers and you want the team to go right back to California with a load they switched in Detroit........that's considered inter-stating. Its a big fine the first time you get caught doing it.
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I don't think that is correct. Have a look at the attached and the highlighted section on page 3.
EDIT: I should preface this ... Whatever CBP tells you is illegal, is illegal, regardless of rule of law, until you prove it otherwise.
So, the guy at the border, their first line of defence, makes all the rules.
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30
So long as the driver is hauling international freight then she/she is ok. I know of one large Toronto LTL carrier that has a Canadian driver stationed in NY... all he does is pickup and deliver freight that either came from or is going to Canada.
10
I used to bring loads up from Laredo TX destined for Alaska and transferred them to a different trailer on a A8A and repower to Alaska from Alberta . Used to get away with it until one Customs officer deemed it Interstating then had to get a US carrier to retrieve the load at AK border . Even though loads originated in Mexico
20
I reiterate ...
"EDIT: I should preface this ... Whatever CBP tells you is illegal, is illegal, regardless of rule of law, until you prove it otherwise.
So, the guy at the border, their first line of defence, makes all the rules."
You should have been able to do what you were doing, however, you would have needed the port supervisor to make the determination.
"EDIT: I should preface this ... Whatever CBP tells you is illegal, is illegal, regardless of rule of law, until you prove it otherwise.
So, the guy at the border, their first line of defence, makes all the rules."
You should have been able to do what you were doing, however, you would have needed the port supervisor to make the determination.
15
Thanks Michael, I didnt know there are a couple of instances where a Canadian can pick up a load in the US and deliver to a consignee in the US.........but the driver would have to be employed by the Consignee. The drivers can't "relay" a load unless he crosses the border with it.
20
I took that to mean the same company as the delivering company, since in this case we are speaking specifically about Canadian drivers working point to point within the United States.
On the other hand, it very well could have been written exactly that way so as to remain ambiguous !!!
On the other hand, it very well could have been written exactly that way so as to remain ambiguous !!!