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Importation of Goods

The New 10+2 U.S. Importer Security Filing Requirements

Beginning January 26, 2009, importers and vessel operating ocean carriers will be required to provide U.S. Customs and Border Protection CBP with advance notification for all ocean vessel shipments inbound to the United States. The U.S. Importer Security Filing ISF, commonly known as the 10+2 initiative, is a U.S. Customs and Border Protection CBP regulation pursuant to Section 203 of the SAFE Port Act of 2006 and section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002, for non-bulk ocean shipments arriving into the United States.
The new 10+2 importer compliance requirements will dramatically change the way importers and ocean carriers conduct supply chain logistics. The importer will be solely responsible for filing ten data elements in the importer security filing ISF. And, vessel operating ocean carriers will be responsible for two data elements. Importers may authorize a third party having access to U.S. Customs Automated Broker Interface to file the ISF on their behalf.
Importers will be required to transmit the ISF Importer Security Filing electronically to the CBP at least 24 hours before loading any ocean shipments a vessel bound for the United States. An ISF is required for each inbound ocean shipment. Any changes or updates to the Importer Security Filing ISF must be done prior to the shipment arrival at the first U.S. Port of arrival. ISF filings will need to be secured by a bond. Generally, continuous bonds will be accepted for ISF filings.
For Ocean Shipments with a U.S. destination (includes Free Trade Zone and In-Transit) the ten data elements required by importers for the ISF transmission are:
1. Manufacturer (or supplier) name and address 2. Seller (or owner) name and address 3. Buyer (or owner) name and address 4. Ship to name and address 5. Container stuffing location 6. Consolidator (container stuffer) name and address 7. Importer of record Internal Revenue Number or Foreign Trade Zone applicant ID number 8. Consignee number(s) 9. Country of origin 10. Harmonized Tariff Schedule number (HTSUS) minimum six digit level)
For Vessel Operating Ocean Carriers, the two data elements required for the ISF transmission to the CBP are:
1. Vessel Stow Plan to indicate the location of each container on the ocean vessel. Must be transmitted no later than 48 hours after the carrier’s departure from the foreign port. For voyages less than 48 hours, must be transmitted prior to vessel’s arrival at first U.S. Port. Exclusive bulk and break bulk carriers are exempt. Must submit transmission via Automated Manifest System (AMS), or a secure file transfer protocol (sFTP).
2. Container status messages (CSM) which detail information on the movement and status changes of a container as it travels through certain parts of the supply chain. Must be transmitted no later than 24 hours after messages are entered in the carrier’s system. Container Status Messages for bulk and break bulk cargo are exempt for transmission.
In addition, For Transit of Foreign Cargo covering freight remaining on board the vessel (FROB), Immediate Exports (IE) and Transportation and Exportations (T & E), five data elements will be required for ISF transmission by the Vessel Operating Ocean Carrier to the CBP. These are five data elements: Booking Party Foreign port of unlading Place of delivery Ship to party HTSUS (minimum 6 digit level)
CBP has announced a one-year period of "informed compliance" to help importers and carriers adapt to the new 10+2 regulations without the threat of fines. In addition, the CBP has added flexibility for four of the ten Importer Security Filing elements as to the interpretation of the data: manufacturer (supplier) name/address, ship to party, country of origin, and commodity HTSUS number. These elements are still required 24 hours prior to vessel lading. Importers, in their initial filing, will be permitted to provide a range of acceptable responses based on facts available at the time, in lieu of a single specific response. Importers will be required to update their filings as soon as more precise or more accurate information is available using an unique identification number as part of the amendment process.
Also, CBP has added flexibility for two Importer Security Filing elements in terms of timing: container stuffing location and consolidator (stuffer) name/address. ISF Importer must file this data as soon as possible, but no later than 24 hours prior to U.S. arrival.
U.S. Importers are required begin submitting the Importer Security Filing ISF starting January 26, 2009. Failure to do so may result in customs clearance delays and cargo inspections. After the one-year period, beginning January 26, 2010, the CBP will assess a penalty of $5,000.00 per ISF violation per shipment.
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