USA - Importer Security Filing and Additional Carrier Requirements ("10+2 Rule")

USA – Importer Security Filing and Additional Carrier Requirements (“10+2 Rule”)

Members will be familiar with the “24 Hour Rule” which requires carriers to submit advance cargo information to the US Customs and Border Protection (CBP) agency no later than 24 hours before loading when containers are shipped from foreign ports.

On 25 November 2008, CBP published an Interim Final Rule titled “Importer Security Filing and Additional Carrier Requirements”.Although comments are still being solicited, the Interim Final Rule is scheduled to enter into force on 25 January 2009. As of that date the importers of US-bound cargoes will be obliged to file ten items of information in addition to the existing provisions of the “24 Hour Rule”, or two further items in the case of carriers. The new requirements are commonly known as the “10+2 Rule”.

Carriers

The carrier must submit:

• A Vessel Stow Plan: This must be transmitted to CBP via the Automated Manifest System (AMS), secure file transfer protocol or email no later than 48 hours after leaving the last foreign port. The stow plan must include vessel name, vessel operator and voyage number. For each container the vessel stow plan must also include the container operator and the equipment number, equipment size and type, stow position, hazmat code, port of lading and port of discharge. Vessels carrying only bulk or break bulk cargo are exempt.

• Container Status Messages (CSM): CSMs must be submitted by the carrier to CBP each day for certain events relating to all containers laden with US-bound cargo. The details must include the date, time and code regarding the event being reported, container number, status of the container (empty or full), location where the event took place and, where appropriate, vessel identification. The information will be required no later than 24 hours after the message is entered into the carrier's equipment tracking system.

Importers

The importer must file an Importer Security Filing (ISF) for cargo destined for the USA. The ISF must generally be filed no later than 24 hours before the cargo is loaded and must include the following:
 
• Seller
• Buyer
• Importer of record number/FTZ applicant ID number
• Consignee number(s)
• Manufacturer (or supplier)
• Ship to party
• Country of origin
• Commodity Harmonized Tariff Schedule of the United States (HTSUS) number
 
The importer must also provide two further items no later than 24 hours before the vessel arrives at a US port:

• Container stuffing location
• Consolidator

“Foreign cargo remaining on board” (FROB) which will not be discharged in the USA must be declared separately by the importer.

CBP has advised that there will be a 12 month period of “delayed compliance” after the Interim Final Rule takes effect when restraint will be shown in enforcing the new requirements. 

For further information, please refer to the “Fact Sheet” and “Frequently Asked Questions” issued by the US Department of Homeland Security.