“10+2” – What You Need to Know

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Business & Mgmt

Published on November 17, 2008

Author: MatrixDesign

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U.S. Customs & Border Protection Importer Security Filing and Additional Carrier Requirements

U.S. Customs & Border Protection Importer Security Filing and Additional Carrier Requirements “ 10+2” – What You Need to Know November 14 2008

Notice of Rulemaking Published in the FEDERAL REGISTER January 2, 2008 Volume 73, No. 1 Pages 90-113 CBP authority for proposed rule 24-hour rule Trade Act Regulations SAFE Port Act

Published in the FEDERAL REGISTER

January 2, 2008

Volume 73, No. 1

Pages 90-113

CBP authority for proposed rule

24-hour rule

Trade Act Regulations

SAFE Port Act

Importer Requirements Definition of Importer for Purposes of Rule The party causing the goods to arrive within the limits of a port in the United States For FROB the importer is construed as the carrier For IE/TE and FTZ cargo the importer is construed as the party filing the in-bond or FTZ documentation

Definition of Importer for Purposes of Rule

The party causing the goods to arrive within the limits of a port in the United States

For FROB the importer is construed as the carrier

For IE/TE and FTZ cargo the importer is construed as the party filing the in-bond or FTZ documentation

Importer Requirements: Data Manufacturer (or seller) name and address Name and address of the entity that last manufacturers, assembles, produces, or grows the commodity or name and address of the supplier of the finished goods in the country from which the goods are leaving. Alternative: Provide the name and address of party currently reported with a MID on the entry as the manufacturer

Manufacturer (or seller) name and address

Name and address of the entity that last manufacturers, assembles, produces, or grows the commodity or name and address of the supplier of the finished goods in the country from which the goods are leaving.

Alternative: Provide the name and address of party currently reported with a MID on the entry as the manufacturer

Seller name and address Name and address of the last known entity by whom the goods are sold or agreed to be sold. If non-purchase, report the name and address of the owner of the goods. Importer Requirements: Data

Seller name and address

Name and address of the last known entity by whom the goods are sold or agreed to be sold.

If non-purchase, report the name and address of the owner of the goods.

Buyer name and address Name and address of the last known entity to whom the goods are sold or agreed to be sold. If non-purchase, report the name and address of the owner of the goods. Importer Requirements: Data

Buyer name and address

Name and address of the last known entity to whom the goods are sold or agreed to be sold.

If non-purchase, report the name and

address of the owner of the goods.

Ship to name and address Name and address of the first deliver-to party scheduled to physically receive the goods after they have been released from customs custody. Importer Requirements: Data

Ship to name and address

Name and address of the first deliver-to party scheduled to physically receive the goods after they have been released from customs custody.

Container stuffing location Name and address(es) of the physical location(s) where the goods were stuffed into the container. For break bulk cargo, report the name and address the physical location where the goods were made ‘ship ready’ Importer Requirements: Data

Container stuffing location

Name and address(es) of the physical location(s) where the goods were stuffed into the container.

For break bulk cargo, report the name and address the physical location where the goods were made ‘ship ready’

Consolidator (stuffer) name and address Name and address of the party who stuffed the container or arranged for the stuffing For break bulk cargo, report the name and address of the party who made the goods ‘ ship ready’ or who arranged for the goods to be made ‘ship ready’ Importer Requirements: Data

Consolidator (stuffer) name and address

Name and address of the party who stuffed the container or arranged for the stuffing

For break bulk cargo, report the name

and address of the party who made the goods

‘ ship ready’ or who arranged for the goods to

be made ‘ship ready’

Importer of Record Number FTZ applicant identification number IRS, EIN, SSN or CBP assigned number of the entity liable for payment of all duties and responsible for meeting all statutory and regulatory requirements incurred as a result of importation For goods intended to be delivered to a FTZ, report the IRS, EIN, SSN or CBP assigned number of the party filing the FTZ documentation Importer Requirements: Data

Importer of Record Number

FTZ applicant identification number

IRS, EIN, SSN or CBP assigned number of the entity liable for payment of all duties and responsible for meeting all statutory and regulatory requirements incurred as a result of importation

For goods intended to be delivered to a FTZ, report the IRS, EIN, SSN or CBP assigned number of the party filing the FTZ documentation

Consignee number(s) IRS, EIN, SSN or CBP assigned number of the individual(s) or firm(s) in the US on whose account the merchandise is shipped Importer Requirements: Data

Consignee number(s)

IRS, EIN, SSN or CBP assigned number of the individual(s) or firm(s) in the US on whose account the merchandise is shipped

Country of Origin Country of manufacture, production, or growth of the article based upon the import laws, rules and regulations of the US Importer Requirements: Data

Country of Origin

Country of manufacture, production, or growth of the article based upon the import laws, rules and regulations of the US

Commodity HTSUS number tariff number under which the article is classified in the HTSUS required up to the 6-digit level Importer Requirements: Data

Commodity HTSUS number

tariff number under which the article is classified in the HTSUS

required up to the 6-digit level

Compatibility of Definition with Entry Requirements Manufacturer: Can use party used for MID purposes; consistent with CBP Form 3461 Seller: Consistent with invoice requirement Buyer: Consistent with invoice requirement Ship to: Unique Container stuffing location: Unique Consolidator: Unique Importer of record: Consistent with CBP Form 3461 Consignee: Consistent with CBP Form 3461 Country of origin: Consistent with CBP Form 3461 Commodity HTSUS No: Consistent with CBP Form 3461

Manufacturer: Can use party used for MID purposes; consistent with CBP Form 3461

Seller: Consistent with invoice requirement

Buyer: Consistent with invoice requirement

Ship to: Unique

Container stuffing location: Unique

Consolidator: Unique

Importer of record: Consistent with CBP Form 3461

Consignee: Consistent with CBP Form 3461

Country of origin: Consistent with CBP Form 3461

Commodity HTSUS No: Consistent with CBP Form 3461

The Link Manufacturer (or supplier) name and address, country of origin, and commodity HTSUS number must be linked to one another at the line-item level

Manufacturer (or supplier) name and address, country of origin, and commodity HTSUS number must be linked to one another at the line-item level

FROB, IE, TE Data Booking party name and address Foreign port of unlading Place of delivery Ship to name and address Commodity HTSUS number

Booking party name and address

Foreign port of unlading

Place of delivery

Ship to name and address

Commodity HTSUS number

That Was the Ten, This is the Two Vessel Stow Plan no later than 48 hours after departure from the last foreign port Prior to arrival for voyages under 48 hours Standard vessel information Vessel name Vessel operator Voyage number Per container or unit of break bulk cargo Container operator Equipment number Equipment size and type Stow position Hazmat UN code Port of lading port of discharge

Vessel Stow Plan no later than 48 hours after departure from the last foreign port

Prior to arrival for voyages under 48 hours

Standard vessel information

Vessel name

Vessel operator

Voyage number

Per container or unit of break bulk cargo

Container operator

Equipment number

Equipment size and type

Stow position

Hazmat UN code

Port of lading

port of discharge

Container Status Message Proposal for carrier to submit a CSM when any of the required events occurs if the carrier creates or collects a CSM in its equipment tracking system Information to be included Event code being reported Container number Date and time of the event being reported Status of the container Location where the event took place Vessel identification associated with the message That Was the Ten, This is the Two

Container Status Message

Proposal for carrier to submit a CSM when any of the required events occurs if the carrier creates or collects a CSM in its equipment tracking system

Information to be included

Event code being reported

Container number

Date and time of the event being reported

Status of the container

Location where the event took place

Vessel identification associated with the message

EDI System The current approved electronic data interchange systems for the ISF are ABI AMS Proposal to permit any ISF filer to gain access to ABI for the purpose of transmitting the ISF, bond required

The current approved electronic data interchange systems for the ISF are

ABI

AMS

Proposal to permit any ISF filer to gain access to ABI for the purpose of transmitting the ISF, bond required

The Missing Link CBP is proposing that the Importer Security Filing be submitted at the lowest bill level, down to the house bill Bill be the one under which the cargo is brought to the United States CBP is proposing that the bill of lading be reported

CBP is proposing that the Importer Security Filing be submitted at the lowest bill level, down to the house bill

Bill be the one under which the cargo is brought to the United States

CBP is proposing that the bill of lading be reported

Timing is Everything ISF for FROB – transmitted anytime prior to lading Break bulk – transmitted 24 hours prior to arrival ISF for all other covered cargo –transmitted no later than 24 hours prior to lading

ISF for FROB – transmitted anytime prior to lading

Break bulk – transmitted 24 hours prior to arrival

ISF for all other covered cargo –transmitted no later than 24 hours prior to lading

Importer or Their Agent The importer is ultimately responsible of the timely accurate and complete submission of the ISF One party to aggregate and submit all required ISF elements Importer may designate an agent to submit the filings

The importer is ultimately responsible of the timely accurate and complete submission of the ISF

One party to aggregate and submit all required ISF elements

Importer may designate an agent to submit the filings

Authorized Agents Eligibility participation in the approved data interchange system Basic importation and entry bond Power of Attorney Retain and make available to CBP upon request

Eligibility

participation in the approved data interchange system

Basic importation and entry bond

Power of Attorney

Retain and make available to CBP upon request

Planes, Trains & Automobiles This rulemaking specifically applies to all cargo arriving to the US by vessel Included: Containerized and break bulk cargo Included: RoRo Excluded: Bulk CBP will continue to evaluate the effectiveness of this rule and will consider additional steps, including expanding the advance data requirements of other transportation modes.

This rulemaking specifically applies to all cargo arriving to the US by vessel

Included: Containerized and break bulk cargo

Included: RoRo

Excluded: Bulk

CBP will continue to evaluate the effectiveness of this rule and will consider additional steps, including expanding the advance data requirements of other transportation modes.

Regulatory Compliance Additional exemptions to be determined via ruling process Permission to change port of destination or export for IE/TE must be requested Permission to change an in-bond to consumption entry must be requested Updated – by party who submitted, after filing and before the goods enter the limits of a port Withdrawal – by party who submitted, include reason for withdrawal

Additional exemptions to be determined via ruling process

Permission to change port of destination or export for IE/TE must be requested

Permission to change an in-bond to consumption entry must be requested

Updated – by party who submitted, after filing and before the goods enter the limits of a port

Withdrawal – by party who submitted, include reason for withdrawal

Verification of Information Where the party electronically presenting to CBP the ISF receives any of this information from anther party, CBP will take into consideration how, in accordance wit ordinary commercial practices, the presenting party acquired such information, and whether and how the presenting party is able to verify this information. Where the presenting party is not reasonably able to verify such information, CBP will permit the party to electronically present the information on the basis of what the party reasonably believes to be true. Regulatory Compliance

Verification of Information

Where the party electronically presenting to CBP the ISF receives any of this information from anther party, CBP will take into consideration how, in accordance wit ordinary commercial practices, the presenting party acquired such information, and whether and how the presenting party is able to verify this information.

Where the presenting party is not reasonably able to verify such information, CBP will permit the party to electronically present the information on the basis of what the party reasonably believes to be true.

Regulatory Compliance Bonds and Damages CBP is proposing to amend the basic importation and entry bond Agreement to comply with ISF Liquidated damages equal to the value of the goods CBP is proposing to amend the international carrier bond If carrier files ISF, agreement to comply with ISF Liquidated damages equal to the value of the goods Agreement to comply with vessel stow plan requirements Liquidated damages equal to $50,000 for each vessel arrival Agreement to comply with CSM requirement Liquidated damages of $5,000 per violation, max $100,000

CBP is proposing to amend the basic importation and entry bond

Agreement to comply with ISF

Liquidated damages equal to the value of the goods

CBP is proposing to amend the international carrier bond

If carrier files ISF, agreement to comply with ISF

Liquidated damages equal to the value of the goods

Agreement to comply with vessel stow plan requirements

Liquidated damages equal to $50,000 for each vessel arrival

Agreement to comply with CSM requirement

Liquidated damages of $5,000 per violation, max $100,000

Things to Consider Proposed data interchange systems Proposed access to ABI Bond requirement Liability and Liquidated damages Customs business Notification and query capabilities Confidentiality

Proposed data interchange systems

Proposed access to ABI

Bond requirement

Liability and Liquidated damages

Customs business

Notification and query capabilities

Confidentiality

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