“10+2” – What You Need to Know

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

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

Importer Requirements: Data
1. 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

2. 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.

3. 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.

4. 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.

5. 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’

6. 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’

7. 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

8. 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

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

10. 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
1. Manufacturer: Can use party used for MID purposes;
consistent with CBP Form 3461
2. Seller: Consistent with invoice requirement
3. Buyer: Consistent with invoice requirement
4. Ship to: Unique
5. Container stuffing location: Unique
6. Consolidator: Unique
7. Importer of record: Consistent with CBP Form 3461
8. Consignee: Consistent with CBP Form 3461
9. Country of origin: Consistent with CBP Form 3461
10. 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

FROB, IE, TE Data
1. Booking party name and address
2. Foreign port of unlading
3. Place of delivery
4. Ship to name and address
5. 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
1. Vessel name
2. Vessel operator
3. Voyage number
• Per container or unit of break bulk cargo
1. Container operator
2. Equipment number
3. Equipment size and type
4. Stow position
5. Hazmat UN code
6. Port of lading
7. 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
1. Event code being reported
2. Container number
3. Date and time of the event being reported
4. Status of the container
5. Location where the event took place
6. Vessel identification associated with the message
That Was the Ten,
This is the Two

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 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

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

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

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

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.

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

• 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.

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

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

“10+2” – What You Need to Know

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“10+2” – What You Need to Know