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Filing Requirements by Cargo Type

Filing Requirements by Cargo Type. Standard maritime and non-standard (e.g., “canned” coils) ocean containers 24 hours prior to lading Break Bulk (crates, barrels, boxes) 24 hours prior to arrival Bulk (plates, beams, paper wrapped coils) Not required. Importer Security Filing .

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Filing Requirements by Cargo Type

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  1. Filing Requirements by Cargo Type • Standard maritime and non-standard (e.g., “canned” coils) ocean containers • 24 hours prior to lading • Break Bulk (crates, barrels, boxes) • 24 hours prior to arrival • Bulk (plates, beams, paper wrapped coils) • Not required

  2. Importer Security Filing

  3. Data Required • Importer Requirements • US bound cargo requires 10 • Transit cargo requires 5 • Carrier Requirements • Vessel Stow plans 1 • Container Status Messages 1

  4. Required Elements • Manufacturer (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/FTZ applicant identification number • Consignee number(s) • Country of origin • Commodity HTSUS number

  5. Information Flows • PO Elements 1. Manufacturer (or supplier) name and address 2. Seller Name and Address 3. Buyer Name and Address 4. Ship To Name and Address 7. Importer of Record identifier (via cross reference) 9. Country of Origin 10. HTSUS  (or can be derived from product file)

  6. Information Flows • Invoice Elements 2. Seller name and address 3. Buyer name and address • The parties required for these elements are consistent with the information required on the invoice of imported merchandise 19 CFR 141.86 (a)(2)

  7. Information Flows • Entry CF3461 & Entry Summary CF7501 7. Importer of record number 8. Consignee number 9. Country of origin 10. Commodity HTSUS

  8. Information Flows • Transportation Elements 4. Ship to name and address 5. Container stuffing location 6. Consolidator (stuffer) name and address

  9. Plus, Plus • Flexible 6 • Bill of lading • Code—type of filing • Code—flexible flag • ISF number • Bond information

  10. Key Dates to Know • Effective Date • The Interim Final Rule took effect on January 26, 2009 • 60 days after publication in the FEDERAL REGISTER • Compliance Date • 12 month delayed-compliance period to January 26, 2010 • Comment Date • Comments on the Interim Final Rule were due June 1, 2009 • Mitigation Guidelines • Anticipated publication on July 17, 2009 • Bond Guidelines • Anticipated soon • Final Rule • Anticipated publication in the fall of 2009

  11. ISF 10-Five Most Frequent Rejections • Duplicate Transmission • Invalid Transaction Number • Invalid Harmonized Number • Invalid Country Code • Missing Identity Identifier

  12. Progress Report • In production since May 10, 2009 • Issued to the ISF filer • Directly Distributed to Tier 3 C-TPAT importers • Over 1,400,000 ISFs filed • Over 60,000 ISF importers • Over 1,500 ISF filers • Generated via ATS • Not able to be distributed via ABI or AMS

  13. Progress Reports In order to receive ISF Performance Reports, a filer must register their information with CBP by sending an email to: progress_report@cbp.dhs.gov. The email must provide the following information: > Filer’s corporate name > Filer code used for filing Security Filing > Point of Contact > Point of Contact’s telephone number > Corporate email address to which to send the Performance Report. CBP will call the Point of Contact to verify the provided information. Please call Chuck Miller at 703.553.1772 if you have any questions.

  14. Progress Report Details • Each ISF report is broken down by filer code and importer of record number • Three specific areas of focus • Submission volume • Rejection error messages • Timeliness performance

  15. Letter from CBP TO:  C-TPAT Importers and Sea Carriers: On January 26, 2009 the new regulations regarding the Importer Security Filing (ISF) data, more commonly know as 10+2 data became effective.  The purpose of this message is to encourage you to begin filing this data as soon as possible.  The interim final rule includes a delayed compliance date of 12 months after the interim final rule took effect. During this 12-month period, CBP will show restraint in enforcing the rule. CBP will take into account difficulties that filers may face in complying with the rule as long as the filer is making a good faith effort and satisfactorily progressing toward compliance. It should be noted that current ISF filers have found that full compliance with the ISF has taken an average of 30-60 days.  C-TPAT members should consider complying with the rule well before the 12 month delayed compliance expires.  As trusted traders, CBP expects its C-TPAT partners to be at the forefront of such efforts.  Also, there are benefits to C-TPAT members who file this data, such as: • C-TPAT entities will be reliably identified prior to lading • Tangible C-TPAT benefits will be applied far upstream • Validation of Supply Chain Security Reviews • New Entities and Locations Identified For more information regarding ISF/10+2 please visit: http://www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/ or write to Security_Filing_General@cbp.dhs.gov CBP appreciates your continued effort to secure the international supply chain. Please disregard this notice if you have already started filing your ISF data.

  16. Liquidated Damages • Likely enforcement on/after January 26, 2009 • Situations which are likely to result in the initiation of a liquidated damages case • Failure to file an ISF • Late submission • Inaccurate submission • Failure to withdraw a submission

  17. Mitigation Factors • Evidence of progress in ISF compliance during the phase-in enforcement period • Comparison in volume of compliant and non-compliant filings • C-TPAT status of ISF importer • Demonstration of remedial actions • Inaccuracy due to situations beyond the importer’s control • Inaccurate information provided to ISF importer by another party

  18. Aggravating Factors • Lack of cooperation with CBP • Smuggling attempts and other actions contrary to law • Multiple errors on one ISF • Increasing frequency of errors

  19. Question of the Day Are you making a good faith effort to comply with the rule to the extent of your current ability?”

  20. Thank you Mary Jo Muoio, LCB, CCS Senior Vice President, Trade Services OHL Global Freight Management and Logistics President National Customs Brokers and Forwarders Association 973 402 8300 mjmuoio@ohl.com

  21. Possible delays – but don’t count on it! • International Pressures – WTO, WCO, EU • Seek to harmonize requirements and co-ordinate implementation Domestic Pressures – AAEI, other trade groups • Asking for delay in enforcement date, phased in enforcement action

  22. Steven W. Baker Chair, AIIS Customs Committee Law Offices of Steven W. Baker swbaker@swbakerlaw.com

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