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Advisories ::
Customs Publishes 10+2 Rule

WASHINGTON -- Customs and Border Protection on Wednesday issued its long-awaited proposed rule requiring importers and carriers to provide cargo data not found on a ship's manifest.

The basics of the "security filing," the 10+2 rule, are well known.  The proposed rule also addresses some special cases, and modified requirements for bulk and break bulk cargo.   The proposal includes commentary on suggestions that several trade groups made while Customs was developing the rule. The formal public comment period ends March 3.

Customs broadly defines the means of transmitting the data as an "approved electronic data interchange system."  That would include the Automated Manifest System, and the Automated Broker Interface, components of the Automated Commercial System.   However, the proposed rule leaves open the possibility of other approved channels.

For importers, the rule would require the following information at the house bill of lading level:

-- Manufacturer (or supplier) name and address;
-- Seller name and address;
-- Buyer name and address;
-- Name and address of the party to which the goods are being shipped;
-- Container stuffing location;
-- Name and address of the party who stuffed the container, or arranged for the stuffing of the container;
-- Importer of record number, foreign trade zone ID number, Internal Revenue Service (IRS) number, Employer Identification Number (EIN), Social Security Number (SSN), or other identifying number;
-- Consignee number(s), same IDs as importer of record;
-- Country of origin;
-- Commodity Harmonized Tariff Schedule number to six digits.

Carriers would report vessel stow plan and container status messages.

All filings must be made 24 hours before a container is loaded aboard a U.S.-bound ship.  For voyages less than 48 hours, a carrier may file stow plans and status messages before the ship calls at its first U.S. port.

The rule also addresses two special cases.  For freight remaining on board (FROB), which is aboard a ship but consigned to a foreign port, carriers must file the booking party's name and address, port where the goods will be unloaded, city of delivery, name and address of party the goods are being shipped to, and the HTS number.

"Immediate export," and "transportation and exportation" shipments, goods that move in bond from the port where they landed to another port for exportation, will require the same information as FROB.  The U.S. party taking delivery of the goods will be required to provide the data.

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