New rules for ALL sea cargo going to or via the USA (29 Dec 2009)

U.S. Customs and Border Protection (“CBP”) has issued new regulations implementing

the “Importer Security Filing and Additional Carrier Requirements,” the so-called “10 + 2

Rule.” The new Importer Security Filing (“ISF”) program applies to all goods shipped

to the United States ONLY via vessel. The cargo that does require the ISF filing will require the

submission of certain data elements to CBP minimum 24 hours prior to loading the cargo

on the vessel. The new ISF program became effective on January 26th, 2009 however it

has been under a “flexible enforcement period” until January 25th, 2010. From January

25th, 2010 onward the ISF filing will be a legal requirement and subject to full

enforcement. The ISF program will be an additional and secondary pre-sailing electronic

filing in addition to the existing Automated Manifest System (AMS) 24 Hour Rule.

ISF 10 Basic Requirements For merchandise which is destined to be entered into the

United States or placed into a foreign trade zone inside the U.S., importers or their

agents (i.e. U.S. Customs Brokers) must transmit the following data elements to CBP

through either the Automated Broker Interface software used by U.S. Customs Brokers

(“ABI”) or Automated Manifest System used by NVOCC’s (“AMS”) electronic data

systems:

1. Manufacturer (or supplier) name & address;

2. Seller name & address;

3. Buyer name & address;

4. Ship to name & address;

5. Container stuffing location;

6. Consolidator name & address;

7. Importer of record number;

8. Consignee number;

9. Country of origin of goods; and

10. Commodity HTS number(s) (6 digits).