House Ways & Means Urges CBP to Issue Interim Final Rule on "10+2", Conduct Evaluation, then Phase-In Final Rule
On October 27, 2008, the House Ways and Means Committee sent a letter to U.S. Customs and Border Protection and the Department of Homeland Security to express its views on the process of finalizing CBP's proposed "10+2" rule1.
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The Committee states that while it has been informed that CBP is making some meaningful changes to the proposed "10+2" rule to reflect the public comments it received, there remains a range of serious concerns among the importing community as to the 10+2 implementation.
In light of these concerns, the Committee urges CBP to work with its staff and that of other relevant Congressional committees and federal agencies, and the importing community, by immediately engaging in a dialogue to ensure that the 10+2 regulation is finalized and administered in accordance with Congressional intent.
CBP Urged to Issue Interim Rule, Conduct Evaluation, Then Phase-In Final Rule
The Committee urges CBP to issue an interim final rule before a final rule and complete the two-step process within a timeframe similar to CBP's proposed delayed enforcement period.
Specifically, CBP should use the interim period to, among other things:
- evaluate the rule in practice with a representative group of volunteer importers, while encouraging all other importers who can comply with the rule in the interim to do so, then solicit public comments and make appropriate changes before finalizing and phasing in the final rule for all importers; and
- establish a regular, collaborative process for working with the importing community to review and correct operational and technical issues related to the rule's implementation.
The Committee notes that its expectation is that the dialogue and CBP actions urged in the letter will result in a final rule that reflects Congressional intent to both provide security and facilitate trade.
CBP Should Provide Benefits to its Import Partners, Especially C-TPAT Members
The Committee also urges CBP to tangibly recognize the contributions of its partners in the importing community, especially those who participate in the Customs-Trade Partnership Against Terrorism (C-TPAT) program, by providing meaningful benefits. CBP should work with the importing community and relevant Congressional committees to identify and provide such benefits.
CBP Has Been Testing 10+2 Through its ATDI Security Filing Test Program
As part of the Advance Trade Data Initiative (ATDI) Security Filing Test Program, CBP has been working with volunteers to test the trade's ability to provide the 10+2 data to CBP. See future issue of ITT for additional details on this test program.
1In January 2008, CBP issued its proposed rule to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S.
(See ITT's Online Archives or 01/17/08 news, 08011710, for the final part of BP's summary of the 10+2 proposed rule, with links to previous parts.
See ITT's Online Archives or 07/21/08 news, 08072110, for BP summary of the request by 40 trade groups for a prototype of 10+2 prior to final rule.
See ITT's Online Archives or 06/20/08 news, 08062010, for BP summary of the National Association of Manufacturers' request for real world testing of 10+2 before implementation.)
Committee letter (dated 10/27/08) available by emailing documents@brokerpower.com.