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November 24, 2008 

CBP Issues Final 10+2 Rule; Provides for 12-Month Phase-In

The long-awaited interim final 10+2 rule, officially known as Importer Security Filing and Additional Carrier Requirements, will be published in tomorrow's Federal Register (PDF). While the interim final rule makes a number of changes to the rule proposed by U.S. Customs and Border Protection (CBP), including providing some flexibility on the filing time frame for two of the 10 importer elements (container stuffing location and consolidator), most of the other aspects included in the proposed 10+2 rule are unchanged.

The interim final rule will go into effect 60 days after publication. In order to provide the trade sufficient time to adjust to the new requirements and in consideration of the business process changes that may be necessary to achieve full compliance, CBP has stated that it will show restraint in enforcing the rule as long as importers are making satisfactory progress toward compliance and are making a good faith effort to comply with the rule to the extent of their current ability. This "flexible enforcement period" will last for 12 months after the effective date.

New Requirements

Additional Carrier Requirements
(2 requirements)

In addition to the existing carrier requirements pursuant to the 24-Hour Rule, the interim final rule requires carriers to submit the following information for vessels carrying cargo containers destined to the United States.

  • Vessel Stow Plan: In addition to the existing carrier requirements pursuant to the 24 Hour Rule, the interim final rule requires carriers to submit a vessel stow plan for vessels destined to the United States. Carriers must transmit the stow plan for vessels transporting containers so that CBP receives the stow plan no later than 48 hours after the carrier’s departure from the last foreign port. For voyages less than 48 hours in duration, CBP must receive the stow plan prior to the vessel’s arrival at the first port in the United States. Bulk and break bulk carriers are exempt from this requirement for vessels exclusively carrying bulk and break bulk cargo.
  • Container Status Messages: In addition to the existing carrier requirements pursuant to the 24 Hour Rule, the interim final rule also requires carriers to submit container status messages (CSMs) to CBP daily for certain events relating to all containers laden with cargo destined to arrive within the limits of a port in the U.S. by vessel.

Additional Importer Requirements (10 elements)

The interim final rule requires Importer Security Filing (ISF) importers to provide the following eight data elements no later than 24 hours before the cargo is laden aboard a vessel destined to the United States:

  1. Seller;
  2. Buyer;
  3. Importer of record number/FTZ applicant identification number;
  4. Consignee number(s);
  5. Manufacturer (or supplier);
  6. Ship to party;
  7. Country of origin; and
  8. Harmonized Tariff Schedule of the United States (HTSUS) number.
The ISF also needs to include two data elements that must be submitted "as early as possible," but no later than 24 hours prior to the ship's arrival at a U.S. port:

9. Container stuffing location; and
10. Consolidator (stuffer).

The rule provides that the following four elements will be subject to special filing requirements:

5. Manufacturer (or supplier);
6. Ship to party;
7. Country of origin; and
8. HTSUS number.

Importers, in their initial filing, can submit a range of acceptable responses for these four data elements based on facts available to the importer at the time, in lieu of a single specific response. Importers will be required to update their filings for these elements as soon as more precise or more accurate information is available, in no event later than 24 hours prior to arrival at a U.S. port.

CBP has published some FAQs on the new Importer Security Filing and Additional Carrier Requirement here.




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