- SAFE Port Act of 2006 enacted by
United States Congress in October of 2006.
- SAFE Port Act mandated US
Customs and Border Protection to:
o Collect
additional data elements
o Require data to be received before
loading
o Improve the targeting process
What is 10 + 2 or ISF?
- Regulations that require the
electronic reporting of additional security filing data elements for
containerized cargo destined for the United States on an ocean vessel.
- Like the AMS 24 hour rule - generally, the
required information must be transmitted electronically to U.S.
Customs at least 24 hours before the cargo is laden on board an
ocean carrier.
- Data Elements Transmitted to US
Customs and Border Protection
o 10 Entry Level data elements
(Most of the
imported cargo is in this category)
o
2 Carrier Oriented data elements
(Responsibility of the carrier)
o 5 Entry elements for FROB, IE,
T&E, FTZ (ISF 5)
(For
shipments not entering the commerce of the USA.)
o To ensure cargo safety and
security, prevent smuggling
o
To provide ATS enhanced security screening
o
The 10 Required
Elements
- Technical Specifications - ISF
10:
o
Supplier
Name, Address and Zip/Postal Code
o Seller Name,
Address and
Zip/Postal Code
o
Buyer Name,
Address and Zip/Postal Code
o
Ship to Name,
Address and Zip/Postal Code
o
Container
stuffing location Name, Address and Zip/Postal Code
o
Consolidator
(stuffer) Name, Address and Zip/Postal Code
o Importer
of Record number Name, Address and Zip/Postal Code (IRS#/EIN#)
o
Consignee
Number Name, Address and Zip/Postal Code (IRS#/EIN#)
o Country of Origin
o Commodity HTSUS number
The 2
Required Elements
- Vessel Stow
Plan
- Vessel name
and operator; voyage number; container operator; equipment
number; size and type; stow position; hazmat code; and
load/discharge ports
- Container
Status Messages
- Terminal
container movements, change in container status, focused on
container status messaging set: equipment number; event
description, date, time and location; and vessel.
The 5 Required Elements
(for
cargo not entering the commerce of the USA)
Technical
Specifications ISF 5
- Booking party name and
address
- Foreign Port of Unlading
- Place of Delivery
- Ship to name and address
- Harmonized Tariff schedule
at minimum 6-digit level
Current thought
is that the carrier will file these data elements in most situations.
Who is Required to File?
o New definition of
"Importer" under 19 CFR 149
o The 10 data elements
o "Carrier" is defined by 19 CFR
o The 2 data elements
- Importer / Filer of Data -
the ISF
For FROB, IE, T&E, and FTZ
o "The party filing the FROB,
IE, T&E, or FTZ Documentation."
o The 5 data elements
What parties are involved in the ISF
transaction?
o Buyer/Importer of
Record/Customs House Broker
o Responsibility for the
Importer Security filing and filing the elements is the Importer of
Record
As your partner
in International business, Scarbrough International offers its
capabilities to take care of the filing for you. It is ultimately still
the responsibility of the Importer of Record, but Scarbrough can do this
at the most accurate, reliant, and timely manner required by US Customs
for its customers.
o Supplier/Seller
Information
required for some of the ISF 10 can be provided by
the supplier or seller. Frequently these elements can be found on
documents such as purchase orders, commercial invoices, packing lists or
shipping documents.
How and when will the ISF be filed?
o Electronically at the
foreign port before Cargo is allowed to load onboard the ocean vessel by
your designated Customs House Broker, Scarbrough International (ISF
10)
o In the Manifest by a
Carrier (ISF 2)
o As a separate filing by a
Security Filer, Broker, or Carrier (The 5 data elements)
o At a minimum 24 hours prior
to cargo being laden on a vessel destined for the United States
Why Scarbrough International should help
you and process your filing...
8 Reasons
1. Scarbrough International is a licensed U.S. based Customs Broker
in business for 25 years in 2009.
2. Confidentiality of importer's entry information is required by
law
3. Accountability to client
4. Proficient in ever changing U.S. Customs laws and requirements
5. Only
Party in the Supply Chain licensed by CBP
6. Familiarity with importer's product and requirements
7. A part of the Importer's team
8. No major Carriers are planning to file the ISF 10
Confidentiality of Importer's entry information is required by law
- 111.24 Records confidential
The records referred
to in this part and pertaining to the business of the clients serviced
by the broker are to be considered confidential, and the broker must not
disclose their contents or any information connected with the records to
any persons other than those clients, their surety on a particular
entry, and the Field Director, Office of International Trade, Regulatory
Audit, the special agent in charge, the port director, or other duly
accredited officers or agents of the United States, except on subpoena
by a court of competent jurisdiction.
Accountability to Client
Scarbrough International, Ltd. has a
special accountability to its clients. Scarbrough International, Ltd. is
charged with the duty to look after the best legal interests of clients
in their dealings with U.S. Customs. We are always concerned with
helping clients meet the requirements of the law rather than simply
filing any kind of data, good or bad just to get the cargo out the
door. We have a full-time compliance officer on staff to help teach
clients and help importers stay compliant with the law.
Proficient in ever changing U.S. Customs
laws and requirements
Scarbrough International, Ltd. is faced
with a multitude of laws administered by numerous government agencies
through the Customs and Border Protection. The laws and regulations
involved in importing are constantly changing. Scarbrough and its
compliance department is closest to all of this change and has to keep
abreast of the on-going changes. No other party in the supply chain has
this type of exposure.
Only Party in the Supply Chain licensed
by CBP
Scarbrough International, Ltd. is the
only party in the supply chain licensed by Customs and Border
Protection. The historical significance of this is that in the evolution
of the industry the government recognized the significance of the
transactions involved in representing someone in the intricacies of
importing and decided that for the protection of the revenue and the
importing public that Customs Brokers should be licensed.
Familiarity with Importer's product and
requirements
There is virtually no other single party
in the supply chain. Outside of the importer themselves, who must have a
greater familiarity with an importers product and the requirements of
importing that product than the Customs Broker who is filing the entry
on behalf of the importer. As such, your designated Customs Broker,
Scarbrough International, Ltd. is in a unique position to ascertain the
reality of information being presented in the ISF filing.
A part of the Importer's team
Scarbrough International, Ltd. is
already a part of the importer's team. We are familiar with the
importer's suppliers, and other parties to the supply chain. Other
parties do not have this same relationship or accountability with the
importer.
When does this take effect?
-
Filing will be mandatory by January 26, 2009
- The Final Rule has been
presented in the Federal Register on November 25, 2008.
- CBP has indicated that
there will be a one year "informed compliance" period to address changes
to the current supply chain.
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