CBP Officials Discuss Security Filing (10+2) Advance Data for Maritime Cargo at May 15, 2007 COAC Meeting
During the May 15, 2007 meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (COAC), CBP officials discussed, among other things, CBP's plans to issue a proposed rule containing its proposed Security Filing (10+2) requirements for 10 additional data elements from importers 24 hours prior to foreign lading, and for 2 additional data sets from ocean carriers, for imported maritime cargo.
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(CBP has previously stated that the 10 additional data elements from importers would be in addition to the current data elements specified under the 24-Hour Rule. CBP has also previously stated that the 10+2 data elements/sets would be linked, via the Automated Manifest System or Automated Broker Interface, to the 24 Hour Rule advance data collected in AMS.)
CBP Characterizes a June 2007 Publication of Proposed Rule as "Optimistic"
CBP officials stated at the COAC meeting that they do not know when the proposed rule on 10+2 will be published, noting that a June 2007 publication is "optimistic."
(See ITT's Online Archives or 05/10/07 news, 07051015, for BP summary of the Department of Homeland Security's semi-annual regulatory agenda for CBP, which has a target date of June 2007 for this proposed rule. See ITT's Online Archives or 05/15/07 news, 07051505, for BP summary stating that trade sources expect the proposed rule by Fall 2007.)
Proposed Rule Still at CBP; Needs DHS and OMB Approval
At the May 15, 2007 COAC meeting, CBP officials stated that the proposed rule is now being routed through CBP and, once that is completed, the proposed rule will be forwarded to the DHS and the Office of Management and Budget for approval.
CBP officials also stated that they are also working to prepare an economic impact assessment for the proposed rule.
CBP is Testing 10+2 Scenarios in ATDI "Lab"
When questioned by COAC members as to whether CBP's proposed rule reflects its 37 recommendations made in March 2007, CBP officials noted that they were unable to discuss details of the proposed rule, as it has not completed the inter-agency approval process (which could result in changes to the proposed rule).
However, CBP officials stated that they are using their Advance Trade Data Initiative (ATDI) as a "laboratory" to try out certain aspects of 10+2, including some of COAC's recommendations.
(CBP has stated that ATDI was started as a maritime security prototype in 2004 with the trade community and C-TPAT members to provide end-to-end visibility of the commercial supply chain. In 2005, it was elevated to be part of C-TPAT Best Practices. CBP has also stated that it provides information further back in the supply chain than the 24-Hour Rule, and its information would be input into CBP's targeting systems. See ITT's Online Archives or 01/26/06 and 07/26/04 news, 06012605 and 04072605 for BP summaries.)
Once Final Rule is in Effect, 10 2 Implementation Expected to be Phased-In
After the comment period for the proposed rule and the publication of a final rule on 10+2, CBP has previously stated that it is planning to phase in implementation over a 9 to 12 month period, which trade sources have stated would mean that the rule would be "fully implemented" by the end of 2008.
(CBP's earlier draft 10 2 proposal1 had listed the following 10 additional data elements as coming from importers or their designated agents:
- Manufacturer name and address
- Seller name and address
- Container stuffing location
- Consolidator name and address
- Buyer name and address
- Ship to name and address
- Importer of record number
- Consignee number
- Country of origin of the goods
- Commodity Harmonized Tariff Schedule (HTS) number (6 digit)
CBP's draft had also proposed that ocean carriers provide two additional data sets to complete the security filing - the vessel stowage plan (48 hours after departure from the last foreign port, or for voyages less than 48 hours in duration, prior to arrival of the vessel at the first U.S. port) and container status messages.)
1CBP's draft proposal has also been referred to as a white paper or strawman proposal.
(See ITT's Online Archives or 01/08/07 news, 07010805, for BP summary of CBP's draft proposal on 10 2 for maritime cargo. See ITT's Online Archives or 02/13/07, 07021310, for BP summary of CBP's FAQ on its draft proposal. See ITT's Online Archives or 03/08/07 news, 07030805, for BP summary of COAC's 37 recommendations on CBP's draft 10+2 proposal.)