Importer Security Filing ISF 10+2 Compliance
IMPORTER REQUIREMENTS
Beginning January 26, 2009, importers and vessel operating ocean carriers will be required to provide U.S. Customs and Border Protection CBP with advance notification for all ocean vessel shipments inbound to the United States. The Importer Security Filing (ISF), commonly known as the ISF 10+2 initiative, is a U.S. Customs and Border Protection (CBP) regulation 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 ocean shipments arriving into the United States.
The
new ISF 10+2 import compliance requirements will dramatically change
the
way importers and ocean carriers conduct supply-chain logistics. The
importer will be solely responsible for filing ten data elements in the
Importer Security Filing ISF.
Importers are required to transmit the ISF Importer Security Filing electronically to the at least 24 hours before loading any ocean shipments a vessel bound for the United States. An ISF is required for each inbound ocean shipment. Any changes or updates to the Importer Security Filing ISF must be done prior to the shipment arrival at the first U.S. Port of arrival. ISF filings will need to be secured by a bond. Generally, continuous bonds will be accepted for ISF filings.
For Ocean Shipments with a U.S. destination
(includes Free Trade Zone and In-Transit) the ten data elements
required by importers for the ISF transmission are:
1. Manufacturer (or supplier) name and address
2. Seller (or owner) name and address
3. Buyer (or owner) name and address
4. Ship to name and address
5. Container stuffing location
6. Consolidator (container stuffer) name and address
7. Importer of record Internal Revenue Number or Foreign Trade Zone
applicant ID number
8. Consignee number(s)
9. Country of origin
10. Harmonized Tariff Schedule number (HTSUS) minimum six digit level)
We have compiled more specific importer security filing details of the requirements for importers, click here to read more...
CBP has announced a one-year period of "informed compliance" to help importers and carriers adapt to the new ISF 10+2 regulations without the threat of fines. Importers are required begin submitting the Importer Security Filing (ISF) starting January 26, 2009. Failure to do so may result in customs clearance delays and cargo inspections. After the one-year period, beginning January 26, 2010, the CBP will assess a penalty of $5,000.00 per ISF violation.
In addition, the CBP has added flexibility for four of the ten Importer Security Filing elements as to the interpretation of the data: manufacturer (supplier) name/address, ship to party, country of origin, and commodity HTSUS number. These elements are still required 24 hours prior to vessel lading. Importers, in their initial filing, will be permitted to provide a range of acceptable responses based on facts available at the time, in lieu of a single specific response. Importers will be required to update their filings as soon as more precise or more accurate information is available using an unique identification number as part of the amendment process.
Also, CBP has added flexibility for two Importer Security Filing elements in terms of timing: container stuffing location and consolidator (stuffer) name/address. ISF Importer must file this data as soon as possible, but no later than 24 hours prior to U.S. arrival.
Who can file the Importer Security Filing?
The ISF importer or his agent will be responsible for filing the
complete, accurate, and timely importer Security Filing. For the
purposes of the interim final rule, ISF importer means the party
causing goods to arrive within the limits of a port in the United
States. For foreign cargo remaining on board, the ISF Importer is
construed as the carrier. For immediate exportation (IE) and
transportation and exportation (T&E) in-bond shipments, and
goods to be delivered to a foreign trade zone (FTZ), the ISF importer
is construed as the party filing the IE, T&E, or FTZ
documentation with CBP.
What about general confidentiality issues?
Importer Security Filing data is treated as law enforcement sensitive
when received by CBP because it is used for national security targeting
purposes. It may also be considered confidential commercial information
(subject to the Trade Secrets Act), when providing the same or similar
information as required on the CBP 3461 Entry Form. Therefore, CBP
would assert the applicable exemptions to withhold this information
from public disclosure under the Freedom of Information Act (FOIA),
unless authorized by law or required by a court order.
Public Participation Period
The public is invited to participate and share comments are requested
on only the
six data elements for which CBP is providing some type of flexibility
(container stuffing location,
consolidator (stuffer), manufacturer (or supplier), ship to party,
country of origin, and commodity HTSUS number)
and the requirements related to those elements discussed in section
149.2(b) and (f). CBP also invites comments on
the revised Regulatory Assessment and Final Regulatory Flexibility
Analysis, including compliance costs for various
industry segments, the impact of the flexibilities provided in this
rule, and the barriers to submitting Importer
Security Filing data 24 hours prior to lading. CBP urges commenters to
reference a specific portion of the rule,
explain the reason for any recommended change, and include data,
information, or authorities that support
such recommended change.
Comments must be received on or before June 1, 2009.
You may submit comments, identified by Docket Number USCBP-2007-0077, by one of the following methods:
Website: Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Border Security Regulations Branch, Office of
International
Trade,
U.S. Customs and Border Protection, 799 9th Street, NW., Washington, DC
20001
For additional details regarding the Public Participation Period, visit the News page
ISF 10+2 GLOSSARY
We have compiled an extensive glossary of terms and background
information to help make the 10+2 Program easier to
understand and comply with.
More...
ISF 10+2 FAQ QUESTIONS
Most importers have questions regarding the new 10+2 Initiative. We have compiled a list of frequently asked questions. More...
ISF 10+2 SOFTWARE
Importers will be required to electronically transmit their Importer Security Filings (ISF) to the U.S. Customs and Border Protection at least 24 hours before vessel loading at the overseas foreign port. Importers will need to maintain complete records of all Importer Security Filings and make updates to these filings with additional known information before arrival at the first U.S. entry port. We have compiled a list of approved software vendors. More...
ISF 10+2 DOCUMENTATION
We have compiled a directory of documentation resources which can be downloaded. These resources provide the latest information regarding the 10 + 2 Program requirements. More...