USA 10+2 Customs

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  • This is to inform you of the 10+2 rule being formulated by the US Department of Homeland Security with new requirements for importers of ocean cargo entering the US for the purpose of enhancing port security and ensuring cargo safety. Please refer to the following details brought out.

  • 10+2 RULE (Posted on Dec. 31, 2008)

  • 1. DATE:

    (1) Known as the rule for 'Import Security Filing and Additional Requirements' (10+2), it will take effect Jan. 25, 2009, with enforcement to begin one year later (on Jan. 25, 2010).

    (2) The interim rule includes an additional public comment period on the six data elements of manufacturer, consolidator, stuffing location, country of origin, tariff commodity number, and the "ship to" party and economic effects of the rule. The deadline for comments is Jun. 1, 2009.

  • 2. SCOPE:

    Required of Importer or Importer's Agent:

    (1) Data elements
    a. Manufacturer name and address
    b. Seller name and address
    c. Buyer name and address
    d. Ship To name and address
    e. Scheduled stuffing location
    f. Consolidator name and address
    g. Importer of Record or FTZ applicant ID number (IRS, SSN, CBP assigned)
    h. Consignee ID number (IRS, SSN, CBP assigned, CBP encrypted)
    i. Country of origin where goods were manufactured, produced or grown
    j. Harmonized tariff schedule at minimum 6-digit level

    (2) Time-Limit

    a. 2 items(item e & f)->No later than 24 hours before the vessel destined to the US departs the Load Port
    b. The other 8 items->No later than 24 hours before the vessel destined to the US arrives the Load Port

    (3) Notice

    a. In the most simple of transactions, a & b (and potentially e) will be identical, cd will be identical, and g & h will be identical. In more complex transactions where 3rd party sourcing agents or resellers are involved for example, these fields may have different parties. This is what CBP wants to know.
    b. The importers should communicate with their oversea counterparts about the regulations and the requirements to seek the way to it.

    Required of Ocean Carrier:

    (1) Data elements
    a. Container Status Message
    b. Vessel Stow Plan

    (2) Time-Limit
    a. Container Status Message->Since 24 hours before the vessel destined to the US arrives the Load Port, it must be reported day by day
    b. Vessel Stow Plan->Within 48 hours before the vessel destined to the USdeparts the Load Port

    Required of Ocean Carrier for FROB, IE and T&E shipments:

    (1) Data elements

    a. Booking party
    b. Foreign port of unlading
    c. Place of delivery
    d. Ship to party
    e. Commodity HTSUS number

    (2) Time-Limit
    a. IE, T&E shipments->No later than 24 hours before the cargo is laden aboard a vessel destined for the United States
    b. FROB shipments->Any time prior to cargo's lading

  • 3. PENALTY:

    The interim rule changes the penalties for failure to file from the value of the merchandise to $5,000 per violation, to be covered by the rule's new bonding requirements.