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10+2

10+2Overview

The U.S. Customs and Border Protection (CBP) regulation known as "10+2' is formally titled the Importer Security Filing and Additional Carrier Requirements (ISF) rule. This rule applies to all maritime cargo loaded at a foreign port that is destined for direct discharge at or transiting through a U.S. port. The 10+2 rule requires that additional data be provided to CBP at an earlier point in the supply chain. CBP plans to utilize the new data in assessing threats to U.S. security while increasing the efficient processing of legitimate cargo.  

The rule was initially implemented on January 26, 2009, but CBP delayed enforcement for one year. As of January 26, 2010, the rule is being enforced, although CBP has indicated it will continue working with traders to bring their practices into compliance.  CBP officials have stated they do not intend to extend 10+2 to other modes such as air. TIACA believes that, if such a rollout were to occur, CBP must take into account the unique aspects of each mode of transportation and differentiate the requirements based on the realities of each mode. In particular, if CBP were to consider an importer security filing for air, it would need to evaluate the need for such an approach in light of the 100% air cargo screening requirement.

 

 

 

 
TIACA View

TIACA's Template on What Constitutes Best Practices for Customs Authorities  

The following highlights the best practices identified by TIACA as critical for expedited customs treatment of air cargo shipments. More...

Reports/Papers

This section features incisive analysis of current issues that are critical to the air cargo industry.

Reports

Papers

06/10/2010
The European Court of Auditors has issued a report concluding that EU members do not have effective controls on simplified customs procedures for imports established by the EC. Consequently, the report warns, there is no guarantee that duties are being collected properly, or that traders are complying with their obligations.
03/15/2010
Status: Final Rule Effective Date: March 9, 2010
12/10/2009
The U.S. Government Accountability Office (GAO) presented testimony to the Senate Committee on Commerce, Science and Transportation in December 2009 assessing the Department of Homeland Security’s (DHS) progress in meeting congressionally mandated requirements for comprehensive screening of air cargo (effective August 2010) and 100% scanning of maritime cargo (effective July 2012). While GAO credits DHS for making considerable progress, it also details various remaining challenges.
01/14/2009
U.S. Customs and Border Protection (CBP) has announced the results of its 2008 Year in Review for te Customs-Trade Partnership Against Terrorism. Among its key accomplishments for the year, CBP cites attainment of key member certification and validation requirements, joint validations conducted in China, and the signing of two mutual recognition arrangements.
12/02/2008
In response to frequent queries about the benefits of the Customs-Trade Partnership Against Terrorism (C-TPAT), U.S. Customs and Border Protection (CBP) has developed a brochure. Among other things, CBP says "C-TPAT importers are 4 to 6 times less likely to incur a security or compliance examination" than are non-C-TPAT participants.
11/17/2008
Over the next six years, airports in the United States will be equipped with radiation detection equipment intended to scan virtually all air cargo, courtesy of an initiative by U.S. Customs and Border Protection.
01/06/2009
A multi-year effort by U.S. Customs and Border Protection (CBP) to obtain additional data elements for maritime shipments is now moving from the conceptual to the implementation stage, with importers and vessel carriers facing new requirements for security filings as of January 25, 2009.
12/02/2008
The Single Window, is still on the road from concept to reality as a practical contribution to the nitty-gritty business of global trade simplification. One essential factor in this overdue transition is a clear definition of what is and should be able to do for us.
10/13/2008
One of the most bizarre spectacles in the age of Google, the Internet and the GSM is the scene at any major airport where air-freight consignments have to be accompanied to Customs controls by a varying sheaf of paper document purporting to certify origin, value, fumigation, meat quality or combustibility.
News

FAQs

Q. What is 10+2?

A. 10+2 is the colloquial name for the Importer Security Filing regulation. It applies to maritime cargo shipped to the United States. The stated purpose of the rule is to improve security and efficiency in global trade through provision of additional cargo-related data submitted by importers and carriers, and analysis of the data by CBP. An interim final rule establishing the program was publised in the Federal Register on November 25, 2008, and has been in effect since January 26, 2009. A final rule is expected to be published soon.

Q. Why is it called 10+2?

A. The 10+2 designation comes from the fact that ten new data elements must be provided by the importer at an early stage in the supply chain, and two new data elements must be provided by carriers.

Q. What are the data elements that will be required by the rule?

A. The ten elements that the importer is required to provide 24 hours before loading the container are: manufacturer/supplier name and address, seller's name and address, buyer's name and address, ship-to name and address, container consolidation location, consolidator name and address, importer of record or foreign trade zone applicant ID number, consignee number, country of origin, and the Harmonized Tariff Schedule of the US (HTSUS) number. The two additional data elements that the carrier must provide are the vessel stow plan and the container status messages.

Q. Who may file the Importer Security Filing required by 10+2?

A. The importer or the importer's agent is the party responsible for the Importer Security Filing. Any third party responsible must be authorized by a Power of Attorney.

Q. What happens if the importer does not provide the required data?

A. Importers may be subject to a $5,000 USD fine per violation after January 26, 2010. 

Download FAQs to PDF

Useful Links

The Customs and Border Protection website that details the Importer Security Filing requirements. The site includes presentations, the ISF rule and FAQs.
FedEx's website dedicated to the 10+2 program which includes bulletins, additional information and FAQs.
The Department of Homeland Security's website, which contains its press release on the Importer Security Filing and Additional Carrier Requirements.

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