Legal Eagle

Within this section we will be highlighting and documenting information regarding the legal side of Importing and Exporting.

EXPORTING TO THE UNITED STATES OF AMERICA

ISF (Importer Security Filing) 10+2

United States Customs and Border Protection (CBP) has announced a new rule, known as the Importer Security Filing (ISF) or more commonly called 10+2; which requires cargo information, for security purposes, to be transmitted to the agency at least 24 hours before goods are loaded onto an ocean vessel for shipment into the U.S. 10+2 is pursuant to section 203 of the SAFE Port Act, and requires importers to provide 10 data elements to CBP, as well as 2 more data elements from the carrier.

The new rule, published on November 26, 2008, went into effect on January 26, 2009. CBP is taking a phased-in approach in terms of implementation and enforcement. During the first 12 months, importers will be warned of infractions instead of being fined, with the hope that the importers will establish a filing system. All ISF filings are required to be submitted electronically via the Automated Broker Interface (ABI) or the Automated Manifest System (AMS). After the phase-in period, on January 26, 2010, 10+2 will officially be effective and importers will be required to comply. If compliance is not met, they can face fines up to $5,000 for each violation.

The following 10 data elements are required from the importer:

Manufacturer (or supplier) name and address
Seller (or owner) name and address
Buyer (or owner) name and address
Ship-to name and address
Container stuffing location
Consolidator (stuffer) name and address
Importer of record number/foreign trade zone applicant identification number
Consignee number(s)
Country of origin
Commodity Harmonized Tariff Schedule number

From the carrier, 2 data elements are required:

Vessel stow plan
Container status messages

The above information is required for the Department of Homeland Security to “push out” U.S. borders. Collecting information on foreign imports 24 hours prior to the goods leaving the port of lading allows CBP to further secure U.S. ports of entry against acts of terrorism.

U.S AMS Filing) 10+2

The US Customs 24-hour rule requires all ocean carriers or NVOCC (Non Vessel Operating Common Carriers) to submit a complete cargo manifest to US Customs “Automated Manifest System” at least 24 hours prior to cargo loading for shipments bound for the United States. Details of cargo manifest must be based on actual declaration of cargo by the shipper and must be submitted via EDI (Electronic Data Interchange) to US Customs.

512 has been providing AMS filing service to our customers from the very beginning and complete, timely and accurate filing is guaranteed to comply with the regulation.