Global Update

The New Filing Requirements for All Companies Importing Into the United States

The recent SEMA Webinar, “10+2 = New Filing Requirements for All Companies Importing Into the United States,” focused on the Import Security Filling (ISF), commonly referred to as 10+2. It requires that 10 elements of cargo information be transmitted by the importing company or its agent at least 24 hours before goods are loaded onto an ocean vessel for shipment to the United States.

The session was presented by Richard Di Nucci, Director of the Secure Freight Initiative at the U.S. Customs and Border Protection, a division of the Department of Homeland Security; Ryan Bennett, customs manager at the Dollar General Corporation; and Rosanne Esposito, executive vice president of global customs at Expeditors International.

Di Nucci says that the U.S. Customs and Border Protection (CBP) is committed to fully supporting the trade community in its efforts to successfully implement the requirements of the 10+2. 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 will show restraint in enforcing the rule, taking into account difficulties that importers may face in complying with the rule, so long as importers are making satisfactory progress toward compliance and are making a good-faith effort to comply with the rule to the extent of their current ability. The flexible enforcement period will end in January 2010.

The CBP is available to answer questions regarding the general application of the new requirements through its e-mail address. The CBP will review all of the questions received and is developing FAQs that will be posted on the CBP website.

The Requirements of the 10+2

  1. Importer of Record Number
  2. Consignee Number
  3. Seller (owner) name and address
  4. Buyer (owner) name and address
  5. Ship to Party
  6. Manufacturer (Supplier) name and address
  7. Country of Origin
  8. Commodity HTS-6
  9. Container Stuffing Location
  10. Consolidator (stuffer) name and address

The manufacturer (Supplier) name and address, country of origin and commodity HTS-6 (items 6,7 and 8) must be linked together as a line item at the shipment level. The Import Security Filing (ISF) for “exempt” break bulk shipments is required 24 hours prior to arrival.

The party required to submit the Importer Security Filing (ISF) is the party causing the goods to enter the limits of a port of the United States. This party is known as the ISF Importer. The ISF importer may designate an authorized agent to file the Importer Security Filing on the ISF Importer’s behalf. If an agent is used for ISF purposes, a power of attorney is required. The importer is accountable and liable for the filing.

ISF filings must be secured by a bond. Continuous Bonds will be accepted. Single Transaction Bonds will be accepted on a case-by-case basis. The ISF Importer must posses a bond or designate an agent to file under the agent’s bond prior to the filing of the ISF. The agent can file under the agent’s bond or under the ISF Importer’s bond.

The following types of bonds were amended to cover the ISF requirements:

Type 1: Basic Importation and Entry Bond (113.62)
Type 2: Basic Custodial Bond (113.63)
Type 3: International Carrier Bond (113.64)
Type 4: Foreign Trade Zone Operator Bond (113.73)

Learn all of the requirements and the further details of 10+2 by downloading the complete webinar presentation.