Details on CBP's Interim Final Rule on 10+ 2 for Maritime Cargo (Part V - In-Bond Diversions, Disclosure, CBP Form 214, and ABI Eligibility)
U.S. Customs and Border Protection has issued its interim final rule which will amend 19 CFR Parts 4, 12, 18, 101, 103, 113, 122, 123, 141, 143, 149, 178, and 192, effective January 26, 2009, 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.1
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This is Part V of a multi-part series of summaries of the details of the interim final rule and highlights the regulatory changes affecting in-bond diversions, disclosure of certain information, filing the ISF and CBP Form 214 together, and ABI eligibility. See future issues of ITT for additional summaries.
Permission Needed to Divert In-bond Movements, Change In-bond Entries to Consumption Entries
The interim final rule will amend 19 CFR 18.5 (Diversion) by adding a new paragraph (g) which states that for in-bond shipments, which at the time of transmission of the ISF are intended to be entered as an immediate exportation (IE) or transportation and exportation (T&E) shipment, permission to divert the in-bond movement to a port other than the listed port of destination or export or to change the in-bond entry into a consumption entry must be obtained from the Port Director of the port of origin. Such permission will only be granted upon receipt by CBP of a complete ISF as required by new 19 CFR Part 149.
10+2 Information is Exempt From Certain Disclosures
The interim final rule will modify 19 CFR 103.31a to add the ISF, vessel stow plan information, and container status message information to the types of advance electronic information that are per se exempt from disclosure under 19 CFR 103.12(d) (trade secrets and privileged or confidential information), unless CBP receives a specific request for such records pursuant to 19 CFR 103.5, and the owner of the information expressly agrees in writing to its release.
CBP Form 214 and ISF Submitted via a Single Electronic Transmission
The interim final rule will amend 19 CFR 146.32(a)(2) to state that if an ISF is filed via the same electronic transmission as the application for Foreign Trade Zone (FTZ) admission and/or status designation (CBP Form 214), the filer is only required to provide the (1) country of origin and (2) commodity Harmonized Tariff Schedule (HTS) number (if this number is provided at the 10-digit level) once to be used for ISF and CBP Form 214 purposes.
ABI Participation Eligibility for ISF and Other Purposes
The interim final rule will modify the regulations regarding the eligibility to participate in the Automated Broker Interface (ABI) in 19 CFR 143.1 by adding specific eligibility requirements for entry and entry summary, ISF, and other purposes.
ABI participants for ISF purposes. New paragraph (b) states that any party may participate in ABI solely for the purposes of filing the ISF if that party fulfills the eligibility requirements contained in new 19 CFR 149.5. If a party other than a customs broker (as defined in 19 CFR 111.1) or an importer (as defined in 19 USC 1484) submits the ISF, no portion of the ISF can be used for entry or entry summary purposes pursuant to 19 CFR 149.5.
ABI participants for other purposes. New paragraph (c) states that upon approval by CBP, any party may participate in ABI for other purposes, including transmission of protests, forms relating to in-bond movements (CBP Form 7512), and applications for FTZ admission (CBP Form 214).
1The interim final rule is intended to fulfill the requirements of Section 203 of the Security and Accountability for Every (SAFE) Port Act of 2006 and Section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002.
See ITT's Online Archives or 11/25/08, 11/26/08, 12/03/08, and 12/09/08 news, 08112505, 08112605, 08120305, and 08120905, for Parts I-IV of BP's series of summaries on the details of CBP's 10+2 interim final rule.
See ITT's Online Archives or 11/24/08 news, 08112400, for BP summary announcing the publication of CBP's 10+2 interim final rule, with links to other recent BP summaries on 10+2.).
CBP contact - Richard DiNucci (202) 344-2513
Interim final rule (D/N USCBP-2007-0077, CBP Dec. 08-46, FR Pub 11/25/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-27048.pdf.