New US Customs Requirements

February 24, 2009

PEZA MEMORANDUM CIRCULAR NO. 006-09

 

In order to increase security of cargo shipments and prevent terrorist weapons from being transported to the US, please be informed that the US Customs has implemented an interim final rule known as "10+2" which specifies guidelines on the transmission of advance information for shipments entering US ports. Under the rule, both carriers and importers, are required to submit additional/new data or information for sea shipments destined to the US. Highlights of the rule are as follows: TICDSc

• For carriers, they must submit 1) Vessel Stow Plan and 2) Container Status Messages, in addition to existing requirements.

• For US importers, they must submit an Importer Security Filing (ISF) consisting of 10 data elements for shipments intended to be entered into the US and goods intended to be delivered to an FTZ (Free Trade Zone) and 5 data elements for shipments consisting entirely of FROB (foreign cargo remaining on board) and shipments consisting entirely of goods intended to be "transported" as immediate exportation (IE) or transportation and exportation (T&E) shipments.

• The effectivity date of the new ruling isJanuary 26, 2009, but a delayed compliance date of one year from the effective date is implemented to allow trade sufficient time to adjust their business processes and enable them to comply with the requirements. Although the rule is now final, CBP invites comments from interested persons on the 6 data elements on importer requirements i.e.,container stuffing location, consolidator (stuffer), manufacturer (or supplier), ship to party, country of origin, and commodity HTSUS (Harmonized Tariff Schedule of the United States) by June 1, 2009. The comments shall be inputs to the structured review of the data elements by CBP, which shall involve an evaluation of compliance difficulties faced by the trade and determine barriers encountered by importers.

Comments may be sent thru the following methods:

1) By email at http://www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP-2007-0077; or

2) By mail at: Border and Security Regulations Branch, Office of International Trade, U.S. Customs and Border Protection, 799 9th Street, NW., Washington, DC 20001

• Data on the name and address of the manufacturer (or supplier) of goods entering the US is required as one of the 10 data elements in the ISF. CBP is accepting a widely recognized commercially accepted identification number for such entity (such as the DUNS Number) in lieu of the name and address.

• For violation to provide advance cargo information requirements, penalty is $5,000 for each violation up to a maximum of $100,000 per conveyance arrival. For violation of Importer Security Filing requirements (i.e., for failure to timely, accurately, and completely file an ISF) penalty is $5,000 for each violation. SHTEaA

Attached in Annex A is a summary of requirements, timing, method of submission and data elements required for carriers and US importers.

For your information and guidance.

 

(SGD.) LILIA B. DE LIMADirector General

ANNEX A

 

EXISTING CARRIER REQUIREMENTS VERSUS NEW CARRIER REQUIREMENTS

 

Existing Requirements	New Requirements
Requirement	Advance cargo information	Stow Plan	Container Status
	(i.e., Trade Act Requirements			Messages
	or 24 Hour Rule)
Timing	24 hours prior to lading	48 hours after departure;	24 hours after
			prior to arrival for	the message is
			voyages less than 48 hrs	entered into
					the carrier's
					equipment
					tracking system
Submission	Vessel AMS (Automated	Vessel AMS, secure File	sFTP
Method	Manifest System)	Transfer Protocol (sFTP),
			or email
Elements	•	Bill of Lading Number	With regard to the vessel:	•	Event code being
	•	Foreign Port before vessel	•	Vessel name (including		reported, as
		departs for U.S.		international maritime		defined in the
	•	Carrier SCAC (Standard		organization (IMO)		ANSI x .12 or UN
		Carrier Alpha Code)		number);		EDIFACT
	•	Carrier Assigned Voyage	•	Vessel operator; and		standards;
		Number	•	Voyage number	•	Container number;
	•	Date of Arrival at First U.S.	With regard to each	•	Date and time
		Port	container:		of the event
	•	Quantity	•	Container operator;		being reported;
	•	Unit of measure of Quantity	•	Equipment number;	•	Status of the
	•	First Foreign Place of	•	Equipment size and		container (empty or
		Receipt		type;		full)
	•	Commodity Description	•	Stow position;	•	Location where the
		(or six-digit HTSUS	•	Hazmat code (if		event took place;
		Number)		applicable);		and
	•	Commodity Weight	•	Port of lading; and	•	Vessel identification
	•	Shipper Name and Address	•	Port of discharge.		associated with the
	•	Consignee Name and				message if the
		Address or ID				container is
		Number				associated
	•	Vessel Name				with a specific
	•	Vessel Country				vessel.
	•	Vessel Number
	•	Foreign Port of Lading
	•	Hazmat Code
	•	Container numbers
	•	Seal Numbers
	•	Date of Departure from
		Foreign Port
	•	Time of Departure from
		Foreign Port

 

EXISTING IMPORTER REQUIREMENTS VERSUS NEW IMPORTER REQUIREMENTS

 

	Existing Requirements	New Requirements
Requirement	Entry and Entry Summary	Importer Security Filing
Timing	Entry within 15 calendar days of date of	24 hours prior to lading for
	arrival; Entry summary within 10 working	8 of the elements; as early
	days of entry	as possible, in no
			event later than 24 hours prior
			to arrival, for 2 of the
			elements
Submission	ABI (Automated Broker interface) or	ABI or vessel AMS
Method	paper
Elements	•	Bill of Lading Number	Shipments Other than FROB
	•	Importer of Record Number *	(Foreign cargo remaining on
			board), IE (Immediate
	•	Foreign Port before vessel departs for	exportation) Shipments and
		U.S.	T&E (Transportation and
			exportation) Shipments:
	•	Carrier SCAC	•	Seller
	•	Carrier Assigned Voyage Number	•	Buyer
	•	Date of Arrival at First U.S. Port	•	Importer of record
				number/FTZ applicant
	•	Quantity		identification number *
	•	Unit of measure of Quantity	•	Consignee number(s) *
	•	First Foreign Place of Receipt	•	Manufacturer (or supplier)
	•	Commodity Description	•	Ship to party
	•	Commodity HTSUS Number *	•	Country of origin *
	•	Commodity Weight	•	Commodity HTSUS
				number *
	•	Shipper Name and Address	•	Container stuffying location
	•	Consignee Name and Address and	•	Consolidator (stuffer)
		Number *
	•	Country of Origin *	FROB, IE Shipments and
			T&E shipments:
	•	Vessel Name	•	Booking party
	•	Vessel Country	•	Foreign port of unlading
	•	Vessel Number	•	Place of delivery
	•	Foreign Port of Lading	•	Ship to party
	•	Hazmat Code	•	Commodity HTSUS number
	•	Container numbers
	•	Seal Numbers
	•	Date of Departure from Foreign Port
	•	Time of Departure from Foreign Port
* These elements are provided for Importer Security Filing and entry/entry summary or FTZ (Free Trade Zone) admission purposes.