Presentation on theme: "Importer Security Filing - 10+2 We’ll Make It Work For You."— Presentation transcript:
Importer Security Filing We’ll Make It Work For You
Where Did ISF Come From? SAFE Port Act of 2006 enacted by U.S. Congress in October of 2006 SAFE Port Act Mandated CBP To: – Collect additional data elements, – Require data to be received before loading, – Improve the targeting process. NPRM January 2, 2008 – Proposes 19 CFR 149, Amends Several Other Sections
What is the ISF Data Elements Transmitted to CBP – 10 Entry Level Data Elements (ISF 10) – 2 Carrier Oriented Data Elements – 5 Entry Elements for FROB, IE, T&E, FTZ (ISF 5) Goal: – Ensuring Cargo Safety and Security, Prevent Smuggling – To Provide “ATS Enhanced Security Screening”
Who Is Required To File Carrier – the 2 – “Carrier” is Defined by 19 CFR – The 2 Data Elements Importer – the ISF 10 – New Definition of “Importer” under 19 CFR 149 “the party causing goods to arrive within the limits of a port in the United States.” – The 10 Data Elements Importer / Filer of Data – the ISF 5 – For FROB, IE, T&E, and FTZ – – “the party filing the FROB, IE, T&E, or FTZ Documentation.”
The 10 Required Elements Technical Specifications - ISF 10 Manufacturer (or supplier) name and address Seller name and address Buyer name and address Ship to name and address Container stuffing location Consolidator (stuffer) name and address Importer of record Number Consignee Number (IRS) Country of origin 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 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
How and When Will the ISF Be Filed? How – In the Entry Message by a Customs Broker – In the Manifest by a Carrier – As a Separate Filing by a Security Filer, Broker, or Carrier When – 24 Hours Prior to cargo being laden on a vessel destined for the United States
Concerns for Importers Who Will File? Importer Bears the Liability for Filing – Regardless of who transmits the data on behalf of the importer – Caution is urged in selecting a transmitter of the data Confidentiality of Data is Paramount Independent ISF Filers – Not proven in current filing – Must source ABI or AMS data – Must go through a testing protocol – May not be cost effective out of the gate
Concerns for Importers Information Flow Large changes in the data flow may be required Obtaining additional data elements seen as the most challenging item Additional parties may be included, such as overseas freight forwarders Automation changes may be required between supplier – importer – ISF Filer Planning now is a must
Freight Forwarder is Critical Information flows through the FF/NVOCC This is especially true in co-load situations Stuffing locations, name and address will most likely come from you Routed Transactions, DDP and DDU shipments pose a risk for the importers – How will you help to ensure that the ISF is filed timely in these transactions Forwarding shipments without proper notification prior to shipment is a large concern – you can help!
Sources of Information DATA ELEMENTS IMPORTERSUPPLIER / SHIPPEROVERSEAS FORWARDER MANF.YES ? SELLERYES NO / ? BUYERYESNO /? SHIP TOYES STUFF LOC.YES / ?YES STUFFERYES / ?YES IORYESNO CONS. IRSYESNO C/OYESYES / ?? / NO HTSYESNO
When Does This Take Effect? The regulatory changes must be published as a Final Rule before implementation. The Final Rule is expected to be published at the end of summer The regulations will take effect 90 days after the publication of the final rule. CBP has indicated that there will be a one year “informed compliance” period to address changes to the current supply chain.