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On November 25, US Customs and Border Protection (CBP) published their much anticipated Final Interim Rule covering the ‘Importer Security Filing (ISF) and Additional Carrier Requirements’ otherwise known as ‘10+2’. DHS/CBP believes the new information will enhance their Automated Targeting System (ATS) for cargo screening in addition to the existing US “24 Hour Rule” information. The detail of this regulation responds to questions made by trade industries earlier this year to the notice of proposed rulemaking(NPRM) and identifies the new direction requiring shipping customers and maritime cargo carriers to submit additional advance data before cargo and vessels are permitted entry into the country.
We wish to alert you to these new regulations which will impact your cargo shipments to the US, and encourage you to become involved, allowing your cargo to move as quickly and efficiently as possible. We summarize some of the high level items and provide web links for more detailed understanding.
Informational Requirements
The Importers or their agency designates
are responsible for the 10 additional data elements: 8 of them are required to be submitted at least 24 hours prior vessel loading which includes:
Seller
Buyer
Importer of record number / foreign trade zone applicant identification number
Consignee number(s)
Manufacturer (or supplier)
Ship to party
Country of origin
Commodity Harmonized Tariff Schedule (HTS-US) number
The remaining 2 elements for the ISF will also need to include following two data elements that must be submitted as early as possible, but no later than 24 hours prior to the vessel’s arrival at US port:
Container stuffing location
Consolidator
The full regulation outlines more detailed definitions and certain flexibilities that may be allowed.
The Carriers will need to submit 2 additional data sets which are:
Vessel Stowage Plans , and
Container Status Messages (location movements).
The carrier will also need to ensure a special ISF-5 is filed for FROB (Foreign Cargo Remaining on Board) cargo:
Booking party name and address
Foreign port of unlading at the intended final destination
Place of delivery (city code for the place of delivery)
Ship to name and address (name and address of the first deliver-to party scheduled to receive the goods after release from customs custody)
Commodity 6 digit HTSUS number(s).
Effective Dates
Common for many US regulation rulings, they are generally effective within 60 days of issuance, hence this regulation was effective Jan 26, 2009. However the regulation allows for a phased-in compliance period of up to one year, whereby CBP will work with parties to achieve needed compliance levels.
Additionally, the regulation indicates a written comment period is allowed until June 1, 2009, regarding any flexibility for certain data elements.
Additional information can be found on www.cbp.gov and questions may be sent to Security_Filing_General@cbp.dhs.gov .
For ease of use and reference download a check sheet/ Data Form with a suggested POA format that ISF filer will need (if not acting as Customs House Broker) to complete the ISF filing.
Complied by:
Michael J. Beckers
Vice President Ocean Services
Airways Freight Corporation
Phone: 800-643-3525 xt 101
Fax: 479-442-6080
http://www.airwaysfreight.com |