In October 2006, the U.S. Congress passed a law requiring U.S. Customs and Border Protection (CBP) to collect additional data elements 24 hours prior to lading shipments on-board any vessel destined to the U.S. This is in addition to the current AMS (Automated Manifest System) filing regulation. These elements, which are to be used for security screening, were later defined as 10 importer level and 2 carrier level elements. This program is formally called Importer Security Filing (ISF) but is commonly referred to as simply “10+2”.

10 Importer Level Data Elements 

  • Seller 
  • Buyer
  • Importer of Record/ Foreign Trade Zone Applicant
  • Consignee Number(s)
  • Manufacturer (or supplier)
  • Ship to Party
  • Country of Origin
  • 10 Digit HTSUS Number
  • Container Stuffing Location
  • Consolidator (Stuffer)

2 Carrier Level Elements 

  • Vessel Stow Plan 
  • Container Status Messages

CBP issued its final rule on November 25, 2008, amending several sections of the Code of Federal Regulations (19 CFR Parts 4, 12, 18, 101, 103, 113, 122, 123, 141, 149, 192) and making 10+2 effective for vessel (maritime) cargo effective January 26, 2009. Within the final rule, CBP has modified some of the provisions contained initially in the proposed rulemaking published in January of 2008. The changes are as follows:

  • CBP is permitting importers to update the information periodically until the 24-hour deadline for six specific data elements which importers and customs brokers have asserted are more difficult to obtain (container stuffing location, consolidator or stuffer, manufacturer, ship-to-party, country of origin and commodity code number or HS) .
  • CBP has also initiated a comment collection period related to these six data elements, to identify barriers that are experienced by the trade in satisfying the 24-hour requirement. Comments are due no later than June 1, 2009 and can be posted at: 09000064807bf0f8
  • Compliance penalties were changed from the value of the merchandise to $5,000 per violation.
  • Break-bulk cargo is no longer required to be included in vessel stow plans.
  • Provisions were also made for the creation of an importer security filing bond, which are outlined in the final rule.

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 interim final rule, taking into account difficulties that importers may face in complying with the rule, provided that importers are making a good faith effort to comply with the rule to the extent of their current ability. This policy will last for twelve months after the effective date (i.e., until approximately January 26, 2010) and will apply to all aspects of the filing rule. CBP further notes it will consider an entity’s progress in the implementation of the interim final rule during the flexible enforcement period as a mitigating factor in any enforcement action following these 12.

CBP has also proposed a schedule for a series of outreach programs at the major seaports to begin in late December/early January with the ports of Newark/New York and Boston. CBP plans to focus its regional seminars and roundtable discussions over the next six months to support the efforts of the trade community in complying with the new rule and to offer solutions based upon successful implementation cases within the industry. As these schedules become formalized, we will advise any interested parties accordingly.

Metro Customs Broker’s software has been modified to comply with the latest changes made with this final rule and is scheduled to be released in December 2008. We will offer 10+2 filing capabilities and services to our existing client base and their carriers, suppliers, or any other interested party. To facilitate this transition, we strongly encourage early preparation for the January 26th deadline and ask that any interested parties contact our office for further information and to confirm your participation.