CBP Publishes Proposed Rule on 10+2

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January 2, 2008

Today, U.S. Customs and Border Protection (“CBP”) published a Notice of Proposed Rulemaking in the Federal Register proposing to require importers and carriers to submit additional information to CBP before cargo is brought to the United States by vessel (commonly referred to as the “10 + 2” initiative).   The proposed regulations are intended to fulfill the requirements of Section 203 of the Security and Accountability for Every (SAFE) Port Act of 2006 and Section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Act of 2002.

Under the proposed rule, importers would be required to submit an Importer Security Filing containing 10 data elements:

• 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, and
• Commodity Harmonized Tariff Schedule number

The requirement applies to shipments of goods intended to be entered into the United States and goods intended to be delivered to a foreign trade zone. For shipments consisting entirely of “foreign cargo remaining on board” (FROB), and shipments intended to be transported in-bond as an “immediate exportation” (IE) or “transportation and exportation” (T&E), five data elements must be provided in the Importer Security Filing:

• Booking party name and address
• Foreign port of lading
• Place of delivery
• Ship to name and address
• Commodity HTSUS number

The Importer Security Filing would have to be transmitted to CBP no later than 24 hours before cargo is laden aboard a vessel destined to the United States.  The 24 hour requirement does not apply to “foreign cargo remaining on board” (FROB).  For FROB, the proposed rule requires an Importer Security Filing to be transmitted any time prior to lading at the foreign port. 

In addition to the above, carriers would be required to submit 1) a vessel stow plan and 2) container status messages.  A vessel stow plan is used to transmit information about the physical location of cargo loaded aboard a vessel A vessel stow plan would have to be received by CBP no later than 48 hours after the vessel’s departure from the last foreign port, except in cases where the voyage is less than 48 hours, in which case, CBP would have to receive the vessel stow plan prior to the vessel arriving at the first U.S. port.  Container status messages are used to report terminal container movements and changes in the status of containers.  Carriers would be required to submit a CSM to CBP when certain specified events occur if the carrier creates or collects a CSM in its equipment tracking system reporting that event.  The CSM would have to be submitted within 24 hours after the message is entered into the carrier’s equipment tracking system.

CBP has invited written comments on the proposed rule on or before March 3, 2008.  Comments may be submitted via the Federal eRulemaking portal or by mail to Border Security Regulations Branch, Office of Trade, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.