Importer Security Filing

“10 + 2”

What is it?

• Required electronic filing of certain data elements 24 hours prior to the vessel loading in the foreign port

• Only for container, ocean cargo for now

Purpose

• To help prevent terrorist weapons from

being transported to the United States

• Data necessary to identify high risk cargo

Who?

• Importer will be held liable for the filing

• Importer can appoint an agent such as the freight forwarder or customs broker

10 data elements required from importer

1. Seller’s name & address2. Buyer’s name & address3. Importer’s IRS number4. Consignee’s IRS number5. Manufacturer’s name & address6. Ship to party’s name & address7. Country of origin8. HTS # to the six digit (can file 10 digits)9. Container stuffing location or number10. Consolidator/stuffer’s name or number

2 data elements required from carrier

• Stow plan within 48 hours after departure (or

prior to arrival for voyages less than 48

hours).

• Container status messages (CSM’s) for

any changes in location or status of containers,

terminal gate inspections, intra-terminal

movement, etc.

Flexibility

• Container stuffing location & consolidator may be submitted as late as 24 hours prior to arrival of the vessel

• Can submit the importer, consignee, or facility of unloading if the “ship to” party is unavailable.

• Correct data must be transmitted 24 hours prior to the vessel’s arrival in the US port

Filing Requirements

• Required for each shipment at the lowest bill of lading level (Master bill, house bill)

• Manufacturer, origin, HTS must be linked at the line item level

• Must be filed electronically via ABI or AMS

Details of required data

• Seller, manufacturer, ship to party, stuffer, consolidator can submit the FIRMS code or DUNS number in lieu of name & address

• MID are not acceptable for manufacturer

• Corporate addresses acceptable for manufacturer or supplier; not acceptable for “ship to” party.

Details of required data• Ship to party is the first location where the

container will be unloaded.

• May be a container freight station

• If filer can not reasonably verify information, CBP will allow the transfer based on what is believe to the best of their knowledge to be accurate

• Updates are allowed if more accurate information is obtained (prior to arrival)

POA & Bond

• Power of attorney is required for the agent to file

• Does not have to be a US person filing

• Bond is required (continuous bond will cover the ISF)

• A new bond will be created just to cover ISF for importers without bonds

• Can be filed under the agents bond

Enforcement Restraint

• CBP will be lenient for the first 4 months but will review the importer’s attempts to correctly file and their progress

Penalties

• Liquidated damages of $5,000 per violation for importers

• Penalties for carriers are capped at $50,000 per vessel for stow plan violation and $100,000 per vessel for CSM violations

Legal Notice

Copy of the Federal Register mandating

10 + 2 available at the website below:

http://www.cbp.gov/xp/cgov/trade/legal/recent_federal_register_notices/

fed_regs_offsite_links_2008.xml