CBP's Proposed Rule on Security Filing (10 2) Advance Data for Maritime Cargo Expected by Early Fall 2007
According to press and trade sources, U.S. Customs and Border Protection is expected to issue a proposed rule by late summer or early fall 2007 containing its proposed SF (10 2) requirements for 10 additional data elements from importers 24 hours prior to foreign lading, and for 2 additional data sets from ocean carriers, for imported maritime cargo.
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(See ITT's Online Archives or 05/10/07 news, 07051015, for BP summary of the Department of Homeland Security's (DHS) semi-annual regulatory agenda for CBP, which has a target date of June 2007 for this proposed rule.)
CBP has previously stated that the 10 additional data elements from importers would be in addition to the current data elements specified under the 24-Hour Rule. CBP has stated that the 10 2 data elements/sets would be linked, via the Automated Manifest System or Automated Broker Interface (ABI) to the 24 Hour Rule advance data collected in AMS.
Once Final Rule in Effect, SF (10 2) Implementation Expected to be Phased-In
CBP is expected to provide a 90-day public comment period after the proposed rule is published. Once the final rule is in effect, CBP has stated that it is planning to phase in implementation over a 9 to 12 month period, which trade sources state would mean that the rule would be "fully implemented" by the end of 2008.
CBP's Draft (10 2) Data Elements
CBP's draft proposal1 had listed the following 10 additional data elements as coming from importers or their designated agents:
Manufacturer name and address
Seller name and address
Container stuffing location
Consolidator name and address
Buyer name and address
Ship to name and address
Importer of record number
Consignee number
Country of origin of the goods
Commodity Harmonized Tariff Schedule (HTS) number (6 digit)
CBP's draft also proposed that ocean carriers provide two additional data sets to complete the SF - the vessel stowage plan (48 hours after departure from the last foreign port, or for voyages less than 48 hours in duration, prior to arrival of the vessel at the first U.S. port) and container status messages.
CBP has stated that the SF (10 2) advance data will significantly enhance its risk assessment process and allow more rapid release decisions by enabling CBP to more efficiently separate higher-risk shipments from the lower-risk shipments. Moreover, these additional data elements will enable CBP to make critical decisions during and immediately after elevated alert levels when business resumption is essential to the well being and security of the U.S. economy.
1CBP's draft proposal has also been referred to as a white paper or strawman proposal.
(See ITT's Online Archives or 01/08/07 news, 07010805, for BP summary of CBP's draft proposal on 10 2 for maritime cargo. See ITT's Online Archives or 02/13/07, 07021310, for BP summary of CBP's FAQ on its draft proposal. See ITT's Online Archives or 03/08/07 news, 07030805, for BP summary of COAC's 37 recommendations on CBP's draft proposal. See ITT's Online Archives or 05/09/07 news, 07050915, for BP summary of CBP notice on February 14, 2007 COAC meeting which discussed 10 2 and other CBP issues.)