| After eleven months of deliberations Customs and Border Protection (CBP) issued one of the most significant changes to how ocean imports may enter the United States. On November 24, the agency issued its long anticipated interim final rule known as the Importer Security Filing and Additional Carrier Requirements, commonly referred to as "10 + 2."The interim final rule follows a notice of a proposed rule making (NPRM) published on January 2, 2008. CBP notes that through the rulemaking process, it received and evaluated approximately 200 public comments and has made significant "enhancements" to the final rule.An examination of the interim final rule shows that several of the changes reflect the views expressed by the League in its comments, particularly with regard to the fact that the agency issued the rule changes as an "interim final rule" thus allowing for CBP to collect additional comments from the trade community following implementation. The interim rule comes into effect on January 26, 2009. Assuming an annual discount rate of 3 percent, CBP estimates the cost of compliance from 2009- 2018 will be $7.6-56 billion. CBP will institute a flexible enforcement policy during the first 12 months as industry becomes more familiar and adapts to the increased reporting requirements. The rule requires importers to notify CBP at least 24 hours before ocean cargo is loaded on to a vessel bound for the U.S. with regard to the following 10 elements (the "10" in 10 + 2). 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. stuffer name and address; 7. importer of record number; 8. consignee number(s); 9. country of origin; and, 10. the commodity's Harmonized Tariff Schedule of the United States (HTSUS) number. CBP will permit acceptable initial responses as to (1), (4), (9) and (10) as set forth above after loading on to a vessel, but in these instances updated and more specific responses must be provided to the agency as it becomes available, but in no event later that 24 hours prior to arrival in a U.S. port. If unknown prior to loading, elements (5) and (6) may also be delayed, but must be provided within 24 hours prior to arrival at a U.S. port. As part of the agency's attempt to receive additional feedback on the six data elements for which some degree of flexibility has been provided and on the Regulatory Assessment And Final Regulatory Process, comments must be received on or before June 1, 2009, which is also the end of the information gathering phase of the structured review. Based on the information obtained during this review and public comment periods, CBP will conduct an analysis, the impact on the facilities, the barriers to submitting the data 24 hours prior to lading, and the benefits of collecting the data. Based on the analysis, the Department of Homeland Security (DHS) will determine whether to eliminate, modify, or maintain these requirements. The requirements for carriers appear unchanged. Carriers must provide vessel stowage plans and container status messages to CBP within 48 hours of the vessel's departure en route to the U.S. |
