Update on 10+2 Security Filing

We are pleased to provide an update to our September article about complying with the 10+2 Security Filing Requirements. On January 2, U.S. Customs and Border Protection published a Notice of Proposed Rulemaking in the Federal Register proposing the requirement that importers and carriers submit additional information to CBP before cargo is imported into the United States by vessel. The Office of Management and Budget’s analysis of the rule’s economic impact predicts that shippers may need to add another day to their normal transit schedules to account for the information gathering and reporting during the first year. The delay should be reduced to 12 hours starting in the second year. The delays may add two or more days to the importers supply chains, which will ultimately increase inventory carrying costs. Importers also see the potential for increased costs to modify their data collection systems to capture the new data and may be required to pay fees to brokers or forwarders to transmit the information to CBP.

Under the proposed rule, importers or their agents would be required to submit an Importer Security Filing containing 10 data elements for shipments of goods intended to be entered into the United States or delivered to a foreign trade zone. The 10 data elements include:

· Manufacturer Name and Address
· Seller Name and Address
· Buyer Name and Address
· Ship to Name and Address
· Container Stuffing Location
· Consolidator Name and Address
· Importer of Record Number/Foreign Trade Zone Applicant Identification Number
· Consignee Number
· Country of Origin of the Goods
· Commodity Harmonized Tariff Schedule Number

The Importer Security Filing would have to be transmitted to CBP by the importer or their designated agent, no later than 24 hours before cargo is laden aboard a vessel destined to the United States.

CBP has invited written comments on the proposed rule on or before March 18, 2008. Comments may be submitted via the Federal eRulemaking portal or by mail to Border Security Regulations Branch, Office of Trade, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.

Click HERE to read the full text of the proposed rule.