Customs Publishes Proposed "10+2" Rule

On January 2, 2008, U.S. Customs and Border Protection (CBP) published a proposed rule regarding importer security filing and additional carrier requirements, also known as the "10+2" rule. The proposed rule will require that importers and carriers to submit additional information regarding cargo before the cargo is brought into the U.S. by vessel.  The information must be provided by way of a CBP-approved electronic data interchange system and is intended to allow CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. The proposed regulations originate from the Security and Accountability for Every (SAFE) Port Act of 2006 and the Trade Act of 2002. CBP issued a news release about the rule here.

The "10+2" name for the proposed rule refers to the 10 additional pieces of information the importer is required to provide to CBP as an "Importer Security Filing" plus 2 data elements to be provided to CBP by carriers/vessel operators 24 hours prior to loading the cargo: (1) a vessel stow plan used to transmit information about the physical location of cargo loaded aboard a vessel bound for the U.S. ; and (2) container status messages, which report container movements and changes in status (e.g., empty or full).

The 10 additional data elements required to reported by importers are:
    ·    
    ·    Manufacturer (or supplier) name and address
    ·    Seller (or owner) name and address
    ·    Buyer (or owner) name and address
    ·    Ship-to name and address
    ·    Container stuffing location
    ·    Consolidator (stuffer) name and address
    ·    Importer of record number/foreign trade zone applicant identification number
    ·    Consignee number(s)
    ·    Country of origin, and
    ·    Commodity Harmonized Tariff Schedule number

The 10+2 elements must be transmitted to CBP via an approved electronic data interchange system (EDI) - currently the Automated Manifest System (AMS) or via the Automated Broker Interface (ABI). In the future, CBP may approve other EDI systems and will publish any such systems in the Federal Register.

If the 10+2 filing is not correct, penalties may be issued to the importer and shipments will not be allowed to load. However, importers do not always have access or control of the information to be reported. 

Written comments to CBP on the proposed rule will be accepted until March 3, 2008. Please contact Global Trade Expertise at info@globaltradeexpertise.com if you would like assistance with filing comments on your company's behalf.