The U.S. Federal Register announced the final approval for the “10+2” Rule on November 25, 2008, which officially comes into effect January 25, 2009. The U.S. Customs and Border Protection (CBP) has announced a one-year period of "informed compliance" from that date to help importers and carriers adapt to the new rules without the threat of fines. This rule will not initially affect air freight and small package shipments.
The rule has two different sets of requirements that importers and carriers will now be required to send to CBP for all maritime vessels:
Importer Data Elements — 10
1. Manufacturer (or Supplier) Name and Address
2. Seller Name and Address
3. Buyer Name and Address
4. Ship-to Name and Address
5. Container Stuffing Location
6. Consolidator (Stuffer) Name and Address
7. Importer of Record Number
8. Consignee Number(s)
9. Country of Origin
10. Harmonized Tariff Schedule of the US (HTSUS)
Carrier Data Elements — 2
- Vessel Stow Plan
- Container Status Messages, including container movements and changes in status
Carriers will have to send vessel stow plan and container status messages on top of what is currently required under the 24 hour rule of 2003. Importers are required to file 10 data sets in addition to what they are already doing, and it is the importer’s responsibility to obtain the required data elements and ensure CBP receives them 24 hours before the vessel is loaded at port of origin.
What about the Transmission File?
Compliance will require data to be captured at the line item level. The manufacturer (or supplier) name and address, country of origin and commodity HTSUS number must be linked to one another at the line-item level. The importer will need to be able to document, the country of origin of each item as well as the manufacturer or supplier of that item and its HTSUS number. Data must be transmitted by a single party.
AFMS had one customer whose vendor simply identified his products as European Union origin and non-European Union origin. This does not meet the requirements of the law and could subject the importer to penalty for false country of origin declaration at time of entry into the United States.
What Can I Do Right Now?
- Inform your staff and supply chain partners of the new ruling and its requirements.
- Consider how you will collect the required data. Consider asking your vendor to add these elements to its database; it will make the process a lot easier.
- Ensure you are using the correct and updated HTSUS numbers, which are available at www.usitc.gov/tata/hts/bychapter/index.htm.
If AFMS can be of further assistance, please contact Tom Stanton at 800-246-3521.