The Importer Security Filing (IFS) rule known as 10+2 will be published by US Customs and Border Protection (CBP) Tuesday November 25, 2008.

According to an advance copy of the document, there are four major differences between the proposed and "interim final rule." CBP is giving importers additional flexibility by providing a range of acceptable responses for certain data elements (manufacturer, ship-to-party, country of origin and commodity code number) that may be difficult to obtain early on from foreign suppliers / exporters, but can subsequently be updated until the 24-hour deadline. As such, the importer or its agent, for example, could identify a manufacturer as one of three typically used and then provide more precise information about the specific supplier in an update. CBP also said the container stuffing location and consolidator's name should be provided as early as possible, but will be accepted up until the 24-hour pre-loading deadline.

However, the same 10 data elements plus the ocean carrier bill of lading number are still required to meet the requirements of 10+2.

The Interim final rule provides for a mandated starting date of January 25, 2009. While the Interim Rule has the full force and effect of law, it allows CBP and other agencies to gather extra public comment and make revisions before issuing a final rule. CBP will collect comments on the rule through June 25, 2009

BDP has been working with CBP since the 10+2 Import Security Filing rule was first proposed nearly two years ago. In publishing the Interim Rule we are satisfied CBP has carefully reviewed its original intent and has been listening to business and industry. In essence, the purpose of the interim rulemaking process is to accept feedback and evaluate the data elements to identify potential compliance difficulties. CBP also so said it will conduct a comprehensive review of the data filing process for both large and small enterprises. The analysis will also cover compliance costs for various industry segments, the impact of the flexible filing approach, barriers to submitting the data 24 hours prior to lading, and the benefits of collecting the data.

BDP is finalizing a range of 10+2 service / technology options for customers. We have conducted 10+2 research and roundtable discussions with the marketplace. We have delivered consultations for shippers and receivers. And we will communicate actively in the coming weeks to inform our clients of the new ruling, present a set of service options that will reduce complexity and enable a smooth transition as 10+2 goes in effect.

Visit the BDP NewsWatch Archives page and open the September 25th and November 13th editions of TrendWatch for more information on 10+2.