Transcript Importer Security Filing and Additional Carrier

Importer Security Filing and Additional Carrier Requirements
Notice of Proposed Rulemaking
What NCBFAA and NEI Members
Need to Know
January 31, 2008
Presenters:
 Mr. Richard DiNucci
Director, Secure Freight Initiative
Customs and Border Protection
202 344-2513
 Ms. Mary Jo Muoio
President, National Customs Brokers &
Forwarders Association of America, Inc.
202 466-0222
Notice of Proposed Rulemaking
 Published in the FEDERAL REGISTER
 January 2, 2008
 Volume 73, No. 1
 Pages 90-113
 CBP authority for proposed rule
 24-hour rule
 Trade Act Regulations
 SAFE Port Act
Proposed Importer Requirements
 Definition of Importer for Purposes of
Rule
 The party causing the goods to arrive
within the limits of a port in the United
States
 For FROB the importer is construed as
the carrier
 For IE/TE and FTZ cargo the importer is
construed as the party filing the in-bond
or FTZ documentation
Proposed Importer Requirements
Data
1.
Manufacturer (or seller) name and address
Name and address of the entity that last
manufacturers, assembles, produces, or grows the
commodity or name and address of the supplier of
the finished goods in the country from which the
goods are leaving.
Alternative—provide the name and address of party
currently reported with a MID on the entry as the
manufacturer
Data
2. Seller name and address
Name and address of the last known
entity by whom the goods are sold or
agreed to be sold.
If non-purchase, report the name
and address of the owner of the
goods.
Data
3. Buyer name and address
Name and address of the last known
entity to whom the goods are sold or
agreed to be sold.
If non-purchase, report the name
and
address of the owner of the goods.
Data
4. Ship to name and address
Name and address of the first
deliver-to party scheduled to
physically receive the goods after
they have been released from
customs custody.
Data
5. Container stuffing location
Name and address(es) of the
physical location(s) where the goods
were stuffed into the container.
For break bulk cargo, report the
name and address the physical
location where the goods were made
‘ship ready’
Data
6.
Consolidator (stuffer) name and address
Name and address of the party who stuffed the
container or arranged for the stuffing
For break bulk cargo, report the name
and address of the party who made the goods
‘ship ready’ or who arranged for the goods to
be made ‘ship ready’
Data
7. Importer of Record Number
FTZ applicant identification
number
IRS, EIN, SSN or CBP assigned number of the entity
liable for payment of all duties and responsible for
meeting all statutory and regulatory requirements
incurred as a result of importation
For goods intended to be delivered to a FTZ, report the
IRS, EIN, SSN or CBP assigned number of the party
filing the FTZ documentation
Data
8. Consignee number(s)
IRS, EIN, SSN or CBP assigned
number of the individual(s) or
firm(s) in the US on whose account
the merchandise is shipped
Data
9. Country of Origin
Country of manufacture, production,
or growth of the article based upon
the import laws, rules and
regulations of the US
Data
10. Commodity HTSUS number
tariff number under which the article
is classified in the HTSUS
required up to the 6-digit level
Compatibility of Definition with
Entry Requirements
1.
Manufacturer—can use party used for MID purposes;
consistent with CBP Form 3461
2. Seller—consistent with invoice requirement
3. Buyer—consistent with invoice requirement
4. Ship to--unique
5. Container stuffing location—unique
6. Consolidator—unique
7. Importer of record—consistent with CBP Form 3461
8. Consignee—consistent with CBP Form 3461
9. Country of origin—consistent with CBP Form 3461
10. Commodity HTSUS no—consistent with CBP Form 3461
The Link
 Manufacturer (or supplier) name and
address, country of origin, and
commodity HTSUS number must be
linked to one another at the line-item
level
FROB, IE, TE
Data
1.
2.
3.
4.
5.
Booking party name and address
Foreign port of unlading
Place of delivery
Ship to name and address
Commodity HTSUS number
That Was the Ten, This is the Two
 Vessel Stow Plan no later than 48 hours after departure from
the last foreign port
 Prior to arrival for voyages under 48 hours
 Standard vessel information
1. Vessel name
2. Vessel operator
3. Voyage number
 Per container or unit of break bulk cargo
1.
2.
3.
4.
5.
6.
7.
Container operator
Equipment number
Equipment size and type
Stow position
Hazmat UN code
Port of lading
port of discharge
That Was the Ten, This is the Two
 Container Status Message
 Proposal for carrier to submit a CSM when any
of the required events occurs if the carrier
creates or collects a CSM in its equipment
tracking system
 Information to be included
1. Event code being reported
2. Container number
3. Date and time of the event being reported
4. Status of the container
5. Location where the event took place
6. Vessel identification associated with the
message
Electronic Data Interchange
System
 The current approved electronic data
interchange systems for the ISF are
 ABI
 AMS
 Proposal to permit any ISF filer to
gain access to ABI for the purpose of
transmitting the ISF, bond required
The Missing Link
 CBP is proposing that the Importer
Security Filing be submitted at the
lowest bill level, down to the house
bill
 Bill be the one under which the cargo
is brought to the United States
 CBP is proposing that the bill of lading
be reported
Timing is Everything
 ISF for FROB—transmitted anytime
prior to lading
 Break bulk—transmitted 24 hours
prior to arrival
 ISF for all other covered cargo-transmitted no later than 24 hours
prior to lading
Importer or Their Agent
 The importer is ultimately responsible
of the timely accurate and complete
submission of the ISF
 One party to aggregate and submit all
required ISF elements
 Importer may designate an agent to
submit the filings
Authorized Agents
 Eligibility
 participation in the approved data
interchange system
 Basic importation and entry bond
 Power of Attorney
 Retain and make available to CBP upon
request
Planes, Trains and Automobiles
 This rulemaking specifically applies to all
cargo arriving to the US by vessel
 Included—containerized and break bulk cargo
 Included—RoRo
 Excluded—bulk
 CBP will continue to evaluate the
effectiveness of this rule and will consider
additional steps, including expanding the
advance data requirements of other
transportation modes.
Regulatory Compliance
 Additional exemptions to be determined via
ruling process
 Permission to change port of destination or
export for IE/TE must be requested
 Permission to change an in-bond to
consumption entry must be requested
 Updated—by party who submitted, after
filing and before the goods enter the limits
of a port
 Withdrawal—by party who submitted,
include reason for withdrawal
Regulatory Compliance
 Verification of Information
 Where the party electronically presenting to CBP
the ISF receives any of this information from
anther party, CBP will take into consideration
how, in accordance wit ordinary commercial
practices, the presenting party acquired such
information, and whether and how the
presenting party is able to verify this
information.
 Where the presenting party is not reasonably
able to verify such information, CBP will permit
the party to electronically present the
information on the basis of what the party
reasonably believes to be true.
Regulatory Compliance
Bonds and Damages
 CBP is proposing to amend the basic importation and
entry bond
 Agreement to comply with ISF
 Liquidated damages equal to the value of the goods
 CBP is proposing to amend the international carrier bond
 If carrier files ISF, agreement to comply with ISF
 Liquidated damages equal to the value of the goods
 Agreement to comply with vessel stow plan requirements
 Liquidated damages equal to $50,000 for each vessel arrival
 Agreement to comply with CSM requirement
 Liquidated damages of $5,000 per violation, max $100,000
Points to Ponder
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Proposed data interchange systems
Proposed access to ABI
Bond requirement
Liability and Liquidated damages
Customs business
Notification and query capabilities
Confidentiality
Comment Period and Process
Substance of the Proposal
 Written comments must be submitted
to CBP on or before March 3, 2008
 Possible extension
 Via portal or mail
Comment Period and Process
Collection of Information
 Within the time frame that comments
are due regarding the substance of
the proposal
 Addressed to OMB with copy to CBP
Comments to NCBFAA
 [email protected]
 Reference “ISF”