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10+2 Proposed Customs Security Filing Regulations

January 19, 2008

Customs has published proposed new security filing regulations for carriers and importers in the Federal Register: These proposed rules on this very controversial subject will add a significant reporting burden to carriers and importers. You can view this publication by clicking here.

The 10+2 filing requirements will greatly expand the current advance manifest reporting requirements of the 24 hour rule. Written comments must be submitted on or before March 3, 2008. Comments may be submitted, identified by docket number, through the following website: http://www.regulations.gov or by mail to:

Border Security Regulations Branch, Office of Trade
U.S Customs and Border Protection
1300 Pennsylvania Avenue, NW (Mint Annex)
Washington, DC 20229

All submissions received must include the agency name and document number for this rulemaking. The proposed regulations are intended to fulfill the Accountability for Every (SAFE) Port Act of 2006.

Following are excerpts from the Notice of proposed rulemaking:

This document proposes to require both importers and carriers to submit additional information pertaining to cargo before the cargo is brought into the United States by vessel. CBP must receive this information by way of a CBP-approved electronic data interchange system.

 

Under the proposed regulations, for the Importer Security Filing for shipments other than those consisting entirely of FROB {Freight Remaining on Board}and goods intended to be "transported" in-bond as an IE or T&E, 10 elements must be provided, unless specifically exempted.

Significant additional time and expense may be incurred by shippers and importers, as the manufacturer (or supplier) name and address, country of origin, and commodity HTSUS number will be linked to one another at the line item level under the proposed regulations.

The ten required elements are:

  1. Manufacturer (or supplier) name and address.
  2. Seller name and address.
  3. Buyer name and address.
  4. Ship to name and address.
  5. Container stuffing location.
  6. Consolidator (stuffer) name and address.
  7. Importer of record number.
  8. Consignee number(s). Internal Revenue Service (IRS) number, Employer Identification Number (EIN), Social Security Number (SSN), or CBP assigned number of the individual(s) or firm(s) in the United States on whose account the merchandise is shipped.
  9. Country of origin.
  10. Commodity HTSUS number.

This has been an extremely controversial issue within the trade community and Customs expects to receive many comments. A full explanation of the ten required elements listed above will be found in the Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Proposed Rules, pages 90-113.