TradePost Archives > January 29, 2009 > this article

10+2 importer security filing rule now in effect

January 28, 2009
World Trade\Interactive

The “10+2” importer security filing rule took effect as scheduled Jan. 26 after U.S. Customs and Border Protection confirmed that this rule would not be affected by a White House request for a 60-day delay of all pending regulations. As a result, importers and maritime cargo carriers must now submit additional cargo data to CBP before vessels are permitted entry into the country.

In a Jan. 20 memo White House Chief of Staff Rahm Emanuel asked all federal agencies to consider a 60-day extension of the effective date of any regulations that had been published but had not yet taken effect and to reopen for 30 days the comment period on any such rules. CBP states that it decided not to comply with that request with respect to the 10+2 rule based in large part on the fact that its rulemaking process was procedurally adequate, that a 75-day public comment period had already been provided on the proposed rule and that the interim final rule is now subject to an additional six-month comment period. CBP added that the Jan. 26 effective date will allow it to work with industry on testing and improving the systems of this initiative during the structured review and delayed enforcement period that runs through Jan. 26, 2010.

Under the 10+2 rule importers will have to include ten data elements on each importer security filing, including information that identifies the manufacturer, supplier, seller, buyer and consignee; the country of origin and tariff classification number; where and by whom the goods were stuffed into the container; and the party responsible for compliance with applicable import requirements. Five data elements will be required for shipments consisting entirely of freight remaining on board cargo or goods intended to be transported in-bond as an immediate entry or transportation and exportation entry, including who is paying for the transportation of the goods and where the goods are headed. CBP’s goal is to have all data elements filed 24 hours prior to lading; however, it has allowed for some flexibility either in timing or interpretation for six of the data elements.

It is important to note that importers are legally responsible for the accuracy and timeliness of the ISF, regardless of whether a broker or other intermediary actually files it. To help importers meet their obligations under this new rule, Sandler, Travis & Rosenberg, P.A., and its affiliated company Sandler & Travis Trade Advisory Services Inc. have developed a suite of tools that will promote better coordination with supply chain members and the collection and filing of the required information. These tools are also helpful for brokers filing the ISF on behalf of importers. The tools include:

• 10+2 preparedness survey and business profile for evaluating your readiness to comply with the regulations

• 10+2 compliance checklist detailing the steps you will need to take with your supply chain partners to implement a sound 10+2 system

• frequently asked questions about 10+2

• ready-to-send instructions to your supply chain partners