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Trade SecurityImporter Security Filing - 10+2
We’ll Make It Work For You
Mary Jo MuoioSenior Vice President
Barthco Trade Services, division OHLPresident
National Customs Brokers and Forwarders Association of America, Inc.
Where Did ISF Come From? SAFE Port Act of 2006 enacted by U.S. Congress in October of 2006
SAFE Port Act Mandated CBP To:
• Collect additional data elements
• Require data to be received before loading
• Improve the targeting process
Implement Via Importer Security Filing and Additional Carrier Requirements
• Strawman November 2006
• NPRM January 2, 2008 - Proposes 19 CFR 149, amends several other sections
• Final Regulations??
Goal:
• To Ensure Cargo Safety and Security
• To Prevent Smuggling
• To Provide “ATS Enhanced Security Screening”
What is the ISF
Data Elements Transmitted to CBP
• ISF 10 Entry-Level Data Elements*
• ISF 5 Entry Elements for FROB, IE, T&E
• CSF 2 Carrier-Oriented Data Elements
* Plus bill of lading
Who Is Required To File
Importer – the ISF 10
• New Definition of “Importer” under 19 CFR 149- “the party causing goods to arrive within the limits of a port in the United States ”
• The 10 Data Elements
Importer / Filer of Data – the ISF 5
• For IE, T&E, and FTZ - “the party filing the FROB, IE, T&E, or FTZ Documentation”
• For FROB - the international carrier of the vessel arriving in the US
Carrier – the CSF 2
• “Carrier” is Defined by 19 CFR
• The 2 Data Elements
The 10 Required ElementsTechnical Specifications - ISF 10
Manufacturer (or supplier) name and address
Seller name and address
Buyer name and address
Ship to name and address
Container stuffing location
Consolidator (stuffer) name and address
Importer of record number
Consignee number (IRS)
Country of origin
Commodity HTSUS number
The 5 Required Elements
Technical Specifications ISF 5
Booking party name and address
Foreign port of unlading
Place of delivery
Ship to name and address
Harmonized Tariff Schedule at minimum 6-digit level
Current thought is that the carrier will file these data elements in most situations
The 2 Required Elements
Vessel Stow Plan
• vessel name and operator; voyage number; container operator; equipment number, size and type; stow position; hazmat code; and load/discharge ports
Container Status Messages
• terminal container movements, change in container status, focused on container status messaging set: equipment number; event description, date, time and location; and vessel.
Baker’s Dozen
The “importer’s” 10 data elements
The carrier’s 2 data elements
PLUS
The bill of lading no(s)
10 + 2 + X = Security Filing
The Good News
This could have been known as the
5,998 + 2 !
How and When Will the ISF Be Filed?
How
• In the entry message by a customs broker
• In the manifest by a carrier
• As a separate filing by a security filer, broker, or carrier
When
• 24 hours prior to cargo being laden on a vessel destined for the United States
Concerns for ImportersWho Will File?
Importer Bears the Liability for Filing
• Regardless of who transmits the data on behalf of the importer
• Can appoint an agent- Access to ABI or AMS
- Bond
• Caution is urged in selecting a transmitter of the data
Confidentiality of Data is Paramount
Concerns for Importers
Information Flow
Large changes in the data flow may be required
Obtaining additional data elements seen as the most challenging item
Additional parties may be included, such as overseas freight forwarders
Automation changes may be required between supplier – importer – ISF Filer
Planning now is a must
Sources of Information
DATA ELEMENTS IMPORTER SUPPLIER / SHIPPER OVERSEAS FORWARDER
MANF. YES YES ?
SELLER YES YES NO / ?
BUYER YES NO /? NO/ ?
SHIP TO YES YES YES
STUFF LOC. YES / ? YES YES
STUFFER YES / ? YES YES
IOR YES NO NO
CONS. IRS YES NO NO
C/O YES YES / ? ? / NO
HTS YES NO NO
Questions to Consider as an Importer
Where will information come from?
Who will provide information to my filer?
How will the information be given to my filer?
What do I do if I don’t know some of the required information?
Will the information be confidential?
When will the information be needed?
What happens if the cargo ships without my knowledge?
How will I know when the ISF has been filed?
Questions to Consider for an Importer
What if there are changes that need to be made to the ISF?
What happens if the ISF incorrect?
What is the penalty exposure?
Is the ISF subject to recordkeeping regulations?
Who will file the information for me?
Can I use multiple filers?
Can my Customs Broker do my filing for me?
Should I file ISF with the entry, or not?
Questions to Consider as an Importer
Can I avoid all of this shipping by air, land, bulk, sleigh and reindeer?
Does being C-TPAT give me 10 + 2 ‘Lite’?
The Logical Filing Party
The Licensed U.S.- based Customs Broker
• Confidentiality of importer’s information is required by law
• Accountability to client
• Proficient in ever changing U.S. Customs laws and requirements
• Only party in the supply chain licensed by CBP
• Familiarity with importer’s product and requirement
• A part of the importer’s team
When Does This Take Effect?
The regulatory changes must be published as a Final Rule before implementation.
The Final Rule is expected to be published any day now.
The regulations will take effect +/- 60 days after the publication of the final rule.
CBP has indicated that there will be an extended period of “informed compliance” to address changes to the current supply chain.
Thank You!
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