CBP – 10 + 2 Rule Published

Wednesday, November 26, 2008

The US Customs and Border Protection (CBP) issued the interim rule regarding importer security filing and additional carrier requirements (better known as “10 + 2”).  The rule will require importers to notify CBP at least 24 hours before cargo is loaded on a vessel bound for the United States of the following: (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.  A range of acceptable initial responses will be allowed with regard to elements (1), (4), (9), and (10) above, with the importer required to provide updated and more specific responses as the information becomes available, but in no event later than 24 hours prior to arrival in a US port.  If unknown prior to lading on the vessel, elements (5) and (6) [stuffing location and stuffer name and address] may be delayed, but must be provided no later than 24 hours prior to arrival in a US port.

The carrier will have to provide the following information within 48 hours of the vessel’s departure en route the United States: (1) the vessel stowage plan; and (2) container status messages.  The interim rule comes into effect on January 26, 2009.  Assuming an annual discount rate of 3%, CBP estimates that the cost of compliance from 2009 through 2018 will be $7.6-56 billion.  Comments should be submitted by June 1, 2009.  CBP will adopt a flexible enforcement policy during the first twelve (12) months as the regulated community adapts to the increased reporting requirements.  73 Fed. Reg. 71729  (November 25, 2008).

(Source: Holland & Knight)

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