CBP's Proposed Rule on 10+2 for Maritime Cargo (Part VI - Entry/Importer SF, Etc.)
U.S. Customs and Border Protection has issued a proposed rule that would amend its regulations at 19 CFR Parts 4, 12, 18, 101, 103, 113, 122, 123, 141, 143, 149 and 192 to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S.
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CBP states that this additional information, which would be submitted by way of a CBP-approved electronic data interchange system1, will further improve the ability of CBP to identify high-risk shipments in order to prevent the smuggling of terrorist weapons into the U.S. and ensure cargo safety and security.
Written comments on this proposed rule are due by March 3, 2008 (See BP Note).
This is Part VI of a multipart series of summaries of this proposed rule, and highlights the proposed regulations regarding the submission of entry/entry summaries and foreign trade zone (FTZ) applications via the same electronic submission as the importer SF, and updating an importer SF. This part also highlights CBP's responses to comments that were received on the 10+2 Strawman, as well as recommendations of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Function's (COAC) Advance Data Subcommittee, regarding withdrawing an importer SF. See future issues of ITT for summary of additional CBP responses to comments and recommendations received.
Sending Importer SF and Entry/Entry Summary in One Transmission
A commenter suggested that CBP allow for entry to be made when the importer SF is submitted.
CBP agreed with the commenter and noted that that four of the importer SF elements are identical to elements submitted for entry (CBP Form 3461) and entry summary (CBP Form 7501) purposes. These elements are the (1) importer of record number, (2) consignee number, (3) country of origin, and (4) commodity Harmonized Tariff Schedule (HTS) number when provided at the 10 digit level.
CBP stated that it is proposing to allow an importer to submit these four elements once to be used for both importer SF and entry/entry summary purposes. If an importer chooses to do this, the importer SF and entry/entry summary must be self-filed by the importer or filed by a licensed customs broker in a single transmission to CBP.
CBP noted that choosing this option does not relieve the requirement to submit all remaining importer SF elements (including the manufacturer (supplier) name and address) and entry and/or entry summary elements (including the manufacturer identification (MID) number).
Under the proposed rule, an importer would be able to choose to do the following: (1) submit the importer SF and entry and/or entry summary data with no connection between them; or (2) submit the entry and/or entry summary data via the same electronic transmission as the importer SF. If the importer chooses the second option, the importer would only be required to submit the four elements listed above once to be applied to the importer SF as well as the entry and/or entry summary.
CBP added that it will publish technical information regarding the transmission of entry and importer SF data in the appropriate guidance documents and on the CBP Web site.
Sending Importer SF and FTZ Admission Application in One Transmission
In addition, CBP stated that two of the importer SF elements are identical to elements submitted in an application to admit goods to an FTZ (CBP Form 214). These elements are the country of origin and commodity HTS number when provided at the 10 digit level.
In an effort to minimize the redundancy of data transmitted to CBP, the proposed regulations would allow a filer to submit the importer SF and CBP 214 data in the same electronic transmission to CBP and to submit the country of origin and commodity HTS number (must be at the 10 digit level) once to be used for both importer SF and FTZ admission purposes.
Updating an Importer SF
According to CBP, under the proposed regulations, the party who filed the importer SF would be required to update the importer SF if, after the filing and before the goods arrive within the limits of a port in the U.S., there are changes to the information filed or more accurate information becomes available.
Withdrawing an Importer SF
A commenter suggested that CBP establish a procedure for cancellation of an importer SF when a shipment is no longer intended to arrive within the limits of a port in the U.S.
CBP agreed and stated that the proposed regulations would allow for the withdrawal of an importer SF when a shipment is no longer intended to arrive within the limits of a port in the U.S.
According to the proposed regulations, the party who submitted the importer SF would be required to withdraw the importer SF and transmit to CBP the reason for such withdrawal.
1The current approved electronic data interchange systems for the importer SF are the Automated Broker Interface (ABI) and the Vessel Automated Manifest System (AMS). CBP states that if it approves a different or additional electronic data interchange system, CBP will publish notice in the Federal Register.
- Written comments on the proposed rule are due by March 3, 2008 (see BP Note)
(See ITT's Online Archives or 01/08/08 news, 08010805, for Part V of BP's summary on this proposed rule, with a link to Parts I - IV.)
CBP contact - Richard Di Nucci (202) 344-2513
CBP proposed rule (FR Pub 01/02/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E7-25306.pdf
BP Note
On January 8, 2007, CBP corrected two errors in its proposed rule pertaining to the address and docket number for comments. (CBP correction notice, FR Pub 01/08/08, http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-50.pdf)