10+2/Importer Security Filing

What is Importer Security Filing or “10+2”?

To help identify high-risk shipments, prevent terrorist weapons from being smuggled into the United States, and ensure cargo safety and security, vessel carriers bringing cargo to the country are required to transmit certain information to US Customs and Border Protection (CBP) about the cargo they are transporting prior to lading that cargo at foreign ports of entry.

In November 2008, CBP issued the Importer Security Filing and Additional Carrier Requirements (also known as “10+2”) interim final rule, requiring both importers and carriers to submit additional information pertaining to cargo to CBP before the cargo is brought into the United States. This information must be submitted to CBP by way of a CBP-approved electronic data interchange system.

The rule requires carriers to submit a vessel stow plan and container status messages under certain scenarios where cargo containers are destined for the United States. The rule also requires importers or their agents to submit an Importer Security Filing (ISF) with eight data elements, no later than 24 hours before the cargo is laden aboard a vessel destined for the United States. They are:

• Seller;
• Buyer;
• Importer of record number / foreign trade zone applicant identification number;
• Consignee number(s);
• Manufacturer (or supplier);
• Ship to party;
• Country of origin; and
• Commodity Harmonized Tariff Schedule of the United States (HTSUS) number

The rule provides flexibility for importers with respect to the submission of four of these data elements. In lieu of a single specific response, importers may submit a range of responses for each of the following data elements: manufacturer (or supplier), ship to party, country of origin, and commodity HTSUS number. The ISF must be updated as soon as more accurate or precise data becomes available and no later than 24 hours prior to the ship's arrival at a U.S. port.

The ISF will also need to include two data elements that must be submitted as early as possible, but no later than 24 hours prior to the ship's arrival at a U.S. port. These data elements are:

• Container stuffing location; and
• Consolidator.

In addition, the interim final rule requires five data elements in the ISF for shipments consisting entirely of foreign cargo remaining on board (FROB), shipments consisting entirely of goods intended to be transported in-bond as an immediate exportation (IE), or shipments for transportation and exportation (T&E). Importer Security Filings for IE and T&E shipments must be submitted no later than 24 hours before the cargo is laden aboard a vessel destined for the United States, and any time prior to lading for FROB shipments. The following five data elements must be submitted for FROB, IE and T&E shipments:

• Booking party;
• Foreign port of unlading;
• Place of delivery;
• Ship to party; and
• Commodity HTSUS number.

CBP has made several other significant changes from the proposed rule based on public and stakeholder feedback. The interim final rule includes a delayed compliance date of 12 months after the interim final rule takes effect. During this 12-month period, CBP will show restraint in enforcing the rule. CBP will take into account difficulties that importers may face in complying with the rule as long as importers are making a good faith effort and satisfactory progress toward compliance.

The flexible enforcement period ends January 26, 2010. After this point CBP may issue fines for ISFs that are incomplete, inaccurately or incorrectly filed or late.

CBP will conduct a review to determine any specific compliance difficulties that importers and shippers may experience in submitting all 10 data elements, 24 hours before lading. The structured review will cover a range of enterprises, from small to large, and will include both integrated and nonintegrated supply chains.

While 10+2 does not require direct action on the part of foreign ports or port authorities, they will likely be approached by carriers and importers with requests for information required for ISFs.

Customs and Border Patrol has more information on 10+2 available here.