CBP's Proposed Rule on 10+2 for Maritime Cargo (Part VII - Comments on Use of Importer SF Data)
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 VII of a multipart series of summaries of this proposed rule, and 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 the use of importer SF data. See future issues of ITT for summary of additional CBP responses to comments and recommendations received.
Use of Importer SF Data Exclusively for Ensuring Cargo Safety, Security
A commenter stated that CBP should ensure that the information collected pursuant to the proposed regulations would be used exclusively for ensuring transportation safety and security, and not for any other commercial enforcement purposes.
CBP agreed and stated that if the proposed regulations are adopted as final, CBP would use the data required by this rule "exclusively for ensuring cargo safety and security and preventing smuggling" and would not use the data for "determining merchandise entry or for any other commercial enforcement purposes."
Protection of Confidential Information Submitted via Importer SF
Another commenter suggested that CBP keep all the importer SF data confidential from disclosure. The data should be held as not eligible for disclosure under 5 USC 552 et seq. or any other statute or regulation. For example, the commenter states that many U.S. firms do not want their federal tax identification number made available to others.
The commenter added that the importer may not want the seller to know who the ultimate "deliver to" party is. The importer may fear back solicitation by the seller/exporter. In addition, the seller may not want the buyer to know the name and address of the actual manufacturer.
CBP agreed that it should keep importer SF, vessel stow plan, and container status message information confidential, except to the extent required by law.
Pursuant to the authority under both Section 343(a) of the Trade Act (19 USC 2071 note) and Section 203(d) of the Security and Accountability for Every (SAFE) Port Act (6 USC 943(d)), CBP is proposing to amend 19 CFR 103.31a to include the importer SF elements (including the importer of record number), vessel stow plan information, and container status message information to the list of information that is per se exempt from disclosure under 19 CFR 103.12(d), unless CBP receives a specific request for such records pursuant to 19 CFR 103.5, and the owner of the information expressly agrees in writing to its release.
Confidentiality Agreements Between Importers and Agents
CBP added that while the importer, as defined in the proposed regulations, is proposed to be responsible for providing the importer SF 24 hours prior to lading, CBP is proposing to allow the importer to use a licensed customs broker, in addition to other parties, to submit the importer SF.
CBP stated that it recognizes the concerns of parties in these instances about sharing their confidential business information and if an importer with confidential business interests chooses to use an agent to file, the importer may choose to execute confidentiality agreements to protect those interests.
CBP noted that pursuant to 19 CFR 111.24, customs brokers are required to keep information pertaining to the business of clients serviced by the broker confidential.
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 01/10/08 news, 08011005, for Part VI of BP's summary on this proposed rule, with a link to Parts I - V.)
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)