New Cargo Security “10 + 2” Rule Imposes Additional Reporting Obligations on Importers and Carriers
February 18, 2009
On November 25, 2008, the U.S. Customs and Border Protection (“CBP”) published its interim final rule regarding “Importer Security Filing and Additional Carrier Requirements.” These requirements, often referred to as the “10+2 Rule,” took effect on January 26, 2009. The Rule affects any business that has freight imported into (or even passing through) United States territory.
The 10+2 Rule is intended to prevent terrorist weapons from being transported to the United States by requiring both importers and carriers to submit additional cargo information to CBP before the cargo is brought into the United States by vessel. The regulations fulfill a requirement of the 2006 SAFE Port Act that the Department of Homeland Security obtain advance information on cargo destined for importation into the United States.
Under the interim Rule, the importer or his agent must now submit the following ten data elements to CBP at least 24 hours before cargo is laden on board an ocean vessel bound for the United States:
This information is intended to improve CBP's ability to identify high-risk shipments in order to prevent smuggling and ensure cargo safety and security. All freight passing through the territory of the United States will be subject to the new requirements, and certain requirements will also apply to freight remaining on board a vessel that is merely transiting the coastal waters of the United States. The interim Rule does provide carriers and importers with filing flexibility under certain circumstances. Please contact us if you would like to receive additional information.
This is an “interim” Rule, meaning that the CBP will not mandate full enforcement of the data collection requirements during a 12 month delayed enforcement period from January 26, 2009 through January 25, 2010, provided that parties are making a good faith effort towards compliance. CBP will also be soliciting additional comments and supplementing its review in order to assess any specific compliance difficulties that importers and carriers are facing in complying with the new Rule.
Taft has an experienced group of practitioners who deal with transportation, logistics, importing, exporting, and similar issues on a regular basis on behalf of clients who are both users and providers of transportation services. For more information, please contact one of the Taft attorneys listed on this page.
The 10+2 Rule is intended to prevent terrorist weapons from being transported to the United States by requiring both importers and carriers to submit additional cargo information to CBP before the cargo is brought into the United States by vessel. The regulations fulfill a requirement of the 2006 SAFE Port Act that the Department of Homeland Security obtain advance information on cargo destined for importation into the United States.
Under the interim Rule, the importer or his agent must now submit the following ten data elements to CBP at least 24 hours before cargo is laden on board an ocean vessel bound for the United States:
- Manufacturer (or supplier) name and address;
- Seller name & address;
- Buyer name & address;
- Ship to name & address;
- Container stuffing location;
- Consolidator name and address;
- Importer of record number;
- Consignee number;
- Country of origin of goods; and
- The 6 digit Harmonized Tariff Schedule ("HTS") number.
This information is intended to improve CBP's ability to identify high-risk shipments in order to prevent smuggling and ensure cargo safety and security. All freight passing through the territory of the United States will be subject to the new requirements, and certain requirements will also apply to freight remaining on board a vessel that is merely transiting the coastal waters of the United States. The interim Rule does provide carriers and importers with filing flexibility under certain circumstances. Please contact us if you would like to receive additional information.
This is an “interim” Rule, meaning that the CBP will not mandate full enforcement of the data collection requirements during a 12 month delayed enforcement period from January 26, 2009 through January 25, 2010, provided that parties are making a good faith effort towards compliance. CBP will also be soliciting additional comments and supplementing its review in order to assess any specific compliance difficulties that importers and carriers are facing in complying with the new Rule.
Taft has an experienced group of practitioners who deal with transportation, logistics, importing, exporting, and similar issues on a regular basis on behalf of clients who are both users and providers of transportation services. For more information, please contact one of the Taft attorneys listed on this page.
