Importer Security Filing and Additional Carrier Requirements

Similar documents
Importer Security Filing and Additional Carrier Requirements

DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION. CBP Dec

CBP Proposal for Advance Trade Data Elements

Importer Security Filing AKA 10+2

Importer Security Filing and Additional Carrier Requirements

Importer Security Filing and Additional Carrier Requirements Program

Importer Security Filing and Additional Carrier Requirements

Importer Compliance for 10+2 Importers Security Filing Requirements

Importer Security Filing ISF Program. Coppersmith Global Logistics Web based option to meet filing requirements

Importer Security Filing Fax paperwork to or as a TIFF or PDF attachment to

TITLE 19 CUSTOMS DUTIES PART 149 IMPORTER SECURITY FILING

World Trade Consultant, Inc.

Maritime Security Council. AfrICANDO Security for Africa s Road & Rail Transportation Infrastructure

ISF Enforcement. Lisa Gelsomino. M. Craig Clark. President/CEO Avalon Risk Management

Importer Security Filing 10+2 Program

19 CFR Parts 4, 12, 18, 101, 103, 113, 122, 123, 141, 143, 149, 178, and 192. Importer Security Filing and Additional Carrier Requirements

Country 18. CONSOLIDATOR NAME & ADDRESS 19. CONTAINER STUFFING LOCATION NAME & ADDRESS

Chapter 2 The Basic Entry Process - Entry and Entry Summary CFR , 149 Flash Drive: Ch 2 Entry and Entry Summary. I. Entry 142.

ISF WEBINARS DEC. 16, 18, 2009 and Jan. 4, 7 and 8, 2010 Web Merlin ISF Training Webinars Jan. 14, 15, 2010

Importer Security Filing (ISF) Compliance Workshop ICPA Annual Conference 2014 March 25, 2014 Orlando, FL

May Nelson, Regulatory Counsel, ORPSS, CFSAN Laura Draski, PhD., Director, Prior Notice Center Anthony Taube, Deputy Director, Prior Notice Center

US Customs Advanced Manifest Sharing November 2010

World Shipping Council. U.S. Customs and Border Protection Department of Homeland Security. Request for Information

FREQUENTLY ASKED QUESTIONS FILING OF ELECTRONIC EXPORT INFORMATION VIA THE AUTOMATED EXPORT SYSTEM

Processing ISF Transactions Table of Contents

Importer Security Filing 10+2 Program

World Shipping Council. U.S. Customs and Border Protection Department of Homeland Security

ACE The Single Window Environment

The Total Landed Costs of Offshoring in Marilyn Gettinger, C.P.M., CPSM

CDM WinAMS (Internet) User Guide Version TABLE OF CONTENTS CDM WINAMS LOGIN 2 CDM WINAMS MAIN SCREEN 3

OT:RR:RD:BS H CMS DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection

Importing to the U.S.: Key requirements you need to be aware of

MGTA Presentation Presented by: Joe Burks

Welcome to V. Alexander s Importer Security Filing software training. V. Alexander is acting

DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION. [CBP Dec. No ]

Page 2 Cargo Control and Release Capabilities Entry Summary Processing Capabilities Future ACE Features Entry Summary, Accounts and Revenue

Universal Importer Profile (UIP)

NCBFAA/ACE SOFTWARE DEVELOPER SESSION ACE Cargo Release Process Overview February 25, Vincent Annunziato ACE Business Office

DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection [ ] Entry/Immediate Delivery Application and ACE Cargo Release

QUESTION/ANSWER FORUM: IMPORT 101

Glossary. Automated Manifest System. A module of ACS through which carriers, port authorities, or service bureaus transmit. electronically to Customs.

FREQUENTLY ASKED QUESTIONS SEA AMS PROCESSING RELATED TO THE SPECIAL BILL

Import Vendor Requirements Version 1.3

Automated Commercial Environment (ACE) Entry Summary Business Rules and Process

Time to Embrace ACE. Overview of ACE Cargo Release for Filers

AUTOMATED COMMERCIAL ENVIRONMENT (ACE) UPDATE

Abstract. 1. Introduction. Bryce C Blegen

Subsequent In-bond Application

AMERICAN ASSOCIATION OF PORT AUTHORITIES Talking Points on Requiring 100% Container Scanning at Overseas Ports Updated: August 23, 2010

Foreign Trade Regulations Mandatory Automated Export System. Omari Wooden Trade Ombudsman Foreign Trade Division U.S. Census Bureau.

Table of Contents. 2 In Bond (CBSA Shipment Type) Declaring In Bond Shipments in ACI emanifest References...5

ORIGINATING OFFICE: FO:TCF DISTRIBUTION: S-01 CBP DIRECTIVE NO A DATE: AUGUST 7, 2003 SUPERSEDES: ,1/7/88 REVIEW DATE: AUGUST 2006

Importing Step by Step

INTERIM BIOTERRORISM TRADE ACT (BTA) PROCEDURES FOR TRADE PARTNERS

Manifest Edits RECORD DESCRIPTIONS. Customs Automated Manifest Interface Requirements

ACE Program Status and PGA Integration Status. Professional Association of Exporters and Importers Webinar

Import Service And Procedure Outline

U.S. Bonded Carrier Issues Are On The Rise? Why?

Dear Importer, BONDING: December Client Alert: New US Customs Compliance regulations for 2009

Automated Commercial Environment Overview and Status Update. Entry Summary Accounts & Revenue Sea and Rail Manifest Future Cargo Release Air Manifest

Rail and Sea Manifest (M1) Overview & Functionality Highlights

Johnson Matthey Emission Control Technologies. Site Specific Requirements. JMECTNA JM Wayne Pa and Smithfield Pa. Valid from: December 2015

Presentation to the Long Island Import Export Association Export Compliance Due Diligence, Regulations & Responsibilities

Customs-Trade Partnership Against Terrorism

U.S. Customs and Border Protection (CBP) Outbound Issues Webinar

P12 Export Documents

IMPORTING: COMMERCIAL INVOICES. Importing into the United States. The Import Commercial Invoice COMMERCIAL INVOICE

Protecting the Food Supply October 2003

DEFINITIONS OCEAN COMMON CARRIER INCENTIVE PROGRAM. For purposes of Items 2320 and 2325 the following definitions shall apply:

Simplified Entry Draft

IN-BOND MANUAL. Contents

AMS and U.S. HBL Manual

Duty-Free Entry. Presented By Roberta Hermann 01NOV16

Chapter 7 19 CFR Part 18 Transportation in Bond. Table of Contents

FAQs about Advance Filing Rules on Maritime Container Cargo Information

Managing your Customs Process. smoother customs

International Freight Forwarding 101

Po r t. S e c u r i t y. Security Challenges in the Ports,,

ACE Program Status, Portal and Reports Presentation. Professional Association of Exporters and Importers Webinar

Table of AES Data Elements *

Procedures of Advanced Filing Rules on Maritime Container Cargo Information

FREQUENTLY ASKED QUESTIONS Instruments of International Traffic Imported into the United States with Residue February 3, 2012

SOLAS VGM FAQs Frequently asked questions about the new verified gross mass requirement from the Safety of Life at Sea convention

The Sept. 11 terrorist strikes were a wake-up call to the

U.S. Importer s Guide

International Freight Forwarding 101

Crossing the Border. Mexico Trade & Logistics. Empower Your Supply Chain Seminar

A Message for Brokers Letter And Security Guidelines for Brokers

G LO S S A RY O F T E R M S

GENERAL SHIPPING INSTRUCTIONS FOR PGW SUPPLIERS INTERNATIONAL SHIPMENTS PITTSBURGH GLASS WORKS, LLC

PAYMENT TERMS, SHIPPING, AND DOCUMENT

GUIDELINES FOR INTERNATIONAL EXHIBITORS

Cargo Release. This chapter provides records pertaining to cargo release processing, certification, and cargo release transaction processing results.

OVERVIEW ON THE PORT COMMUNITY SYSTEM PROJECT IN JAMAICA

Notice of arrival of ship and submission of advance manifest. Arrival, Boarding of ship and Reporting of cargo

New INCOTERMS effective January 1, 2011

Rate Tariffs, NVOCC Negotiated Rate Arrangements and NVOCC Service. Arrangements: Which is Right for You?

White Paper. Observations and Comments on. Possible Revisions to the Required Data Filing Components of the

COURSE LISTING. Courses Listed. 30 January 2018 (11:31 GMT) TM100 - SAP Transportation Management. SAP Transportation Management

TABLE OF CONTENTS TRANSPORTATION, LOGISTICS AND THE LAW. PAGE NO. Objectives of this Text...1

Transcription:

Importer Security Filing and Additional Carrier Requirements 10+2 Program Update CBP Trade Symposium - December 2009

What is the Security Filing? The Security Filing, commonly known as the 10+2 initiative, is a Customs and Border Protection (CBP) regulation that requires importers and vessel operating carriers to provide additional advance trade data to CBP pursuant to Section 203 of the SAFE Port Act of 2006 and section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002, for non-bulk cargo shipments arriving into the United States by vessel. Importer Requirements: U.S. Bound Cargo (Includes FTZ and IT) : requires the electronic filing of an Importer Security Filing (ISF) comprised of 10 data elements. Transit Cargo (FROB, IE and TE): requires the electronic filing of an Importer Security Filing (ISF) comprised of 5 data elements. Carrier Requirements: Vessel Stow Plans required for arriving vessels with containers. Container Status Messages required for containers arriving via vessel.

New Security Filing Data Requirements ISF-10 US Bound Cargo ISF-5 Transit Cargo Additional Carrier Requirements (3461 Entries, IT, FTZ) 24 Hrs Prior to Lading* 1. Importer of Record Number 2. Consignee Number 3. Seller (Owner) name/address 4. Buyer (Owner) name/address 5. Ship to Party 6. Manufacturer (Supplier) name/address 7. Country of Origin 8. Commodity HTS-6 ASAP, But NLT 24 Hrs Prior to Arrival 9. Container Stuffing Location 10. Consolidator (Stuffer) name/address (FROB*, IE, TE) 24 Hrs Prior to Lading* 1. Booking Party name/address 2. Ship to Party 3. Commodity HTS-6 4. Foreign Port of Unlading 5. Place of Delivery *FROB ISF-5 is required anytime prior to lading Vessel Stow Plan NLT 48 Hrs After Departure* *Anytime prior to arrival for voyages less than 48 Hrs For all vessels carrying containers Container Status Message (CSM) Data Within 24 Hrs of Creation or Receipt Must be linked together as a line-item at the ISF shipment level *ISFs for exempt break bulk shipments are required NLT 24 hrs prior to arrival Blue elements are eligible for flexible filing options ISFs must also contain the lowest bill of lading number (i.e., regular or house) that is referenced in the Automated Manifest System (AMS).

Bill of Lading Number Identifier commonly known as the 11 th Element. Required as part of the ISF Filing. The ISF Importer, or their agent, must obtain this information and provide it to CBP as part of the ISF filing NLT 24 Hours prior to vessel lading for ISF-10 filings. Absolutely necessary to properly link the Importer Security Filing (ISF) to the customs manifest data.

What s in the Box? SFI Scanned Image of Container: TRLU1816980 Southampton, GB NEW SECURITY FILING DATA HTS-6 Description: Country of Origin: Stuffing Location: Ship To Location: 040690 CHEESE, NESOI, INCLUDING CHEDDAR AND COLBY Great Britain Whitechurch, GB What is it? Edison, New Jersey, USA Where is it from? Where is it going?

Effective Date vs. Compliance Date Effective Date: The Interim Final Rule took effect on January 26, 2009 (60 days after the publication date). Compliance Date: CBP delayed the compliance date for a period of twelve months to provide the trade sufficient time to adjust to the new requirements, and in consideration of the business process changes that may have been necessary to achieve full compliance. The full compliance (enforcement) date for the 10+2 requirements commences on January 26, 2010, one year after the January 26, 2009 effective date.

Interim versus Final Rule Importer Security Filing and Additional Carrier Requirements Docket Number: USCBP-2007-0077 CBP has concluded that the proposed regulations with the modifications discussed in the Rule should be adopted as follows: The requirements in section 149.2(b) regarding the timing of transmission for 2 of the 10 Importer Security Filing elements and section 149.2(f) regarding the flexible requirements for 4 of the 10 elements are adopted as an interim final rule. All other requirements in this rule are adopted as a final rule. CBP is not inviting comments on these requirements.

ISF Best Practices Outreach Since the publication of the Interim Final Rule, CBP has implemented an extensive trade outreach process which included numerous trade round table discussions, the issuance of monthly progress reports, publishing technical guidelines as well as FAQs documentation on the CBP web site. CBP has participated several 20 webinars, meetings, conferences, and other outreach activities sponsored by the trade since the publication of the interim final rule. CBP has met with numerous trade organizations including: National Association of Manufacturers (NAM); American Association of Exporters and Importers (AAEI); The Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (COAC); and National Customs Brokers and Forwarders Association of America (NCBFAA). Overall, CBP reached well over 10,000 participants at these outreach activities.

ISF-10s By the Numbers January 26 November 23, 2009 CBP has received well over: 3.4 Million ISF-10s from over 1,900 ISF Filers representing more than 99,700 ISF Importers (IOR# s) 95% acceptance rate CBP has also received more than: 6,000 vessel stow plans and 101 Million container status messages

10+2 Enforcement Clock DEC JAN 2010 FEB NOV MAR OCT APR SEP MAY AUG JUN JUL

Mitigation Guidelines

Mitigating Circumstances Mitigation Guidelines Evidence of progress in the implementation of the ISF requirement during the flexible enforcement period (i.e., January 26, 2009 through January 26, 2010). Small number of violations compared to the number of shipments for which ISFs were required. An ISF Importer which is a certified Tier 2 or Tier 3 C-TPAT member may receive additional mitigation of up to 50% of the normal mitigation amount, depending upon tier of C-TPAT participation. Aggravating Circumstances Lack of cooperation with CBP or CBP activity is impeded with regard to the case. Multiple errors on the ISF.

Mitigation Guidelines First-violation: Liquidated damages claim may be cancelled upon payment of an amount between $1,000 and $2,000, depending on the presence of mitigating or aggravating factors, if CBP determines that law enforcement goals were not compromised by the violation. Subsequent Violations: If an ISF Importer incurs a subsequent liquidated damages claim for filing a late or inaccurate ISF or an inaccurate ISF update, the liquidated damages claim may be cancelled upon payment of an amount not less than $2,500 if CBP determines that law enforcement goals were not compromised by the violation. No relief will be granted if CBP determines that law enforcement goals were compromised by the violation.

Mitigation Guidelines Liquidated damages cannot be assessed for the failure to file an ISF if no bond is in place. However, CBP may also withhold the release or transfer of the cargo until CBP receives the required information and has had the opportunity to review the documentation and conduct any necessary examination. ISF JAIL

Importer Security Filing (ISF) Progress Reports

ISF Progress Reports In production since May 10, 2009 ISF Reports are being routed through the ISF Filers and Tier 3 C-TPAT Importers Registration is required Over 725 ISF Filers have been registered and verified The ISF Progress Reports cover more than 87,500 ISF Importers Reports are on a monthly cycle. CBP has also developed a specific Filer-based summary report Progress_Report@cbp.dhs.gov

ISF Progress Reports The initial ISF Progress Reports focus on the numbers and types of filings; the status of the filings (e.g., accepted vs. rejected) and the potential timeliness of the filings. Each ISF Report is broken down by Filer Code and Importer of Record Number and details three (3) specific areas: Submission Volume Numbers, Status (Accepted or Rejected) and Format Rejection Error Messages Reasons for the rejections Error codes Timeliness Performance As compared to the first bill of lading file date (merely used as a proxy indicator of potential timeliness) Amendment and rejected filings are not included

Bill of Lading Numbers Top ISF Issues Identified Initially, some ocean carriers were not providing the bill numbers timely (i.e., until a vessel had actually sailed). Most of these issues have been resolved. Need to identify the lowest AMS bill of lading number (i.e., house or regular bill). If dealing with a non-automated FF or non-automated NVOCC, provide the ocean carrier s regular bill. Bonds Appendix D bonds will be routinely accepted for ISF filings. Sufficiency questions are still being addressed. Some coded transaction types are exempt (by policy); for example: Type 03 HHG/PE Type 04 Gov t/military Type 05 Diplomatic Type 06 Carnet Type 09 International Mail

Top ISF Issues Identified Enforcement & Liquidated Damages Concerns $5,000 per transmission ($10,000 max per ISF) Do-not-load (DNL) holds Use least amount of force to enforce compliance Domestic Holds Domestic Exams Measurement of ISF Timeliness 1 st bill of lading file date (initial indicator) Vessel departure date minus 24 hours (secondary indicator) Modeled after the 24 Hour Manifest Rule enforcement paradigm

A Few Notes on Measuring Timeliness CBP currently uses the first bill of lading file date as a proxy indicator of ISF timeliness since the bill of lading must also be filed at least 24 hour prior to vessel lading under the current 24 Hour Manifest Rule. CBP acknowledges that many bills of lading are actually filed several days in advance of actual vessel lading. Therefore, some of the untimely ISFs that show up on the ISF Progress Reports may actually be timely. CBP will soon use the Vessel Departure Date minus 24 hours in addition to the 1st Bill of Lading Filing Date to better assess ISF timeliness. These two reference dates are merely used as indicators of timeliness.

Going Forward Know what you are importing before you import it Identify the proper HTS numbers earlier in the process Consider a pre-classification system Decide who will transmit the ISF and how Consider using the Unified Entry Option Need to know your supply chain partners The Shipper has access to important information Require that the new 10+2 data be collected and provided earlier in the process Add data to existing forms (e.g., purchase orders, advance shipping notices, commercial invoices, etc.)

Do Not Delay! It typically takes at least 30-60 days to make the necessary business process changes

Available Resources Available Today on CBP.gov: Copy of the Interim Final Rule ISF Presentation Copy of the Regulatory Assessment General Frequently Asked Questions (FAQs) Document Implementation Guides (Technical File Formats) Mitigation Guidelines News Releases Outreach Schedule Security_Filing_General@cbp.dhs.gov mailbox

Questions? Secure Freight Initiative (Security Filing) Customs and Border Protection Security_Filing_General@cbp.dhs.gov CBP HQ Contacts Richard Di Nucci, Director SFI John Jurgutis, Program Manager Stephen Silvestri, Program Manager Field Contacts Edward Moriarty, Assistant PD, Philadelphia Joseph Martella, Program Manager, New York Field Office