Additional Details on CBP's 10+2 FAQ (Part II - Amendments, Agents, POAs, Confidentiality, Etc.)

CBP notes that its responses to the FAQs are for informational purposes only and are non-binding. Questions relating to specific facts and circumstances of a prospective transaction can be the subject of a ruling request under 19 CFR Part 177. CBP also states that it will be continually updating and clarifying its FAQ document as necessary.

This is Part II of a multi-part series of summaries detailing CBP's 10+2 FAQ document. (See ITT's Online Archives or 02/04/09 news, 09020410, for Part I. See future issues for additional parts.)

Highlights of the FAQs include:

ISF Amendments

Amending the ISF - when to stop. For the question, "When do we have to stop amending the ISF?," CBP answers that the ISF must be amended if there is a change or more accurate information becomes available before the goods enter the limits of a port in the U.S. For goods that will be unladen in the U.S., the ISF must be updated if there is a change before the goods enter the port of discharge.

No need to update ISF after arrival, but may do so. In response to the question of whether changes to the ISF after arrival at the port of discharge are allowed or required, CBP states that, generally, the requirement to update an ISF terminates when the vessel calls at the U.S. port of discharge. However, CBP will not restrict updates outside of this window.

No query functionality in ABI or AMS for ISF data. In response to the question of how importers will be able to amend the SF if they don't have access to the ISF elements in CBP systems, CBP states that there is no query functionality in ABI or AMS regarding the SF data. Access to the ISF elements in CBP systems is not required to make an amendment to the ISF.

Must contact CBP if need to update ISF after firing agent. In response to the question of what happens if an ISF Importer fires its ISF Agent but still needs to update its ISF, CBP states that if an ISF Importer needs to update their own ISF that was initially submitted by their agent, the ISF Importer must contact a CBP Client Representative to have the original filing cancelled. After the original ISF has been cancelled by the CBP Client Representative, a new ISF may be submitted.

Agents

Importer or agent can file ISF. In response to a question, CBP stated that an importer can do its own ISF filing or hire an agent to do so. There is no limit as to how many different agents an ISF importer may use.

ISF filer does not have to be located in U.S. In response to a question, CBP responded that the ISF filer does not need to be located in the U.S. A foreign freight forwarder can also be a filing agent.

"Unified filings" must be done in ABI by a single entity. In response to several questions, CBP stated that if a "unified entry filing" is being done, ABI must be used and the ISF Importer must self-file or use a licensed U.S. customs broker to do the filing on their behalf. CBP also stated that a "unified filing" must be done by a single entity (it cannot be split with one broker doing the ISF and another making the entry).

ISF importers can use different agents for different ISF filings, unless "unified filings". In response to a question on whether ISF importers can use different agents for different filings and whether those agents can use both vessel Automated Manifest System (AMS) or Automated Broker Interface (ABI) to do the filings, CBP states that except as noted for unified entry filings above, the ISF Importer can elect to use a different ISF Agent for each separate filing. Also, those ISF Agents may use either vessel AMS or ABI to do these separate filings.

One broker can submit ISF and another can make entry, unless "unified filing". An importer who uses multiple brokers asks if he can select one broker to do an ISF and another to make entry (on the same shipment), CBP answers yes, unless the filing is a "unified entry filing," in which case the filing the must be done by a single entity.

Service centers as ISF filers. In answer to a question, CBP stated that there is no process for nominating a service center or a party to submit ISF 10+2 filings. The filer needs a filer identification code - either a SCAC if transmitting through AMS or an ABI filer code if filing through ABI.

Signing Up for ABI or AMS to do ISFs

CBP states that entities that want to become ISF filers using either ABI or AMS should call 703-650-3500 to be assigned a Client Representative.

Powers of Attorney

In response to a question asking if CBP will require a special and separate power of attorney (POA) for ISF purposes, CBP stated that a special or new POA will not be required, and that the sufficiency of the POA will be decided on a case-by-case basis. CBP notes that 19 CFR 141.32 contains an example of an acceptable general POA with unlimited authority.

Confidentiality

In response to a question of whether any of the new data being submitted would be considered to be part of the carrier "manifest" and thereby become public record, CBP stated that ISF information is not considered part of the carrier manifest. ISF information that is electronically presented to CBP for inbound vessel cargo is per se exempt from disclosure under 19 CFR 103.12(d), 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.

(See ITT's Online Archives or 01/27/09 news, 09012710, for previous BP summary announcing the availability of the FAQ document and addressing CBP's answers to several FAQs regarding bonds.

See ITT's Online Archives or 01/27/09 news, 09012705 for BP summary of DHS' confirmation that 10+2 began as scheduled on January 26, 2009.

See ITT's Online Archives or 11/25/08, 11/26/08, 12/03/08, 12/09/08, 12/10/08, 12/17/08, 12/19/08, 12/22/08, and 12/23/08 news, 08112505, 08112605, 08120305, 08120905, 08121010, 08121710, 08121905, 08122205, and 08122310, for Parts I-IX on the details of CBP's 10+2 interim final rule.

See ITT's Online Archives or 01/15/08 news, 09011505, for BP summary of CBP's discussion, clarification of its 10+2 interim final rule in which CBP announced that FAQs would be forthcoming.)

CBP's 10+2 FAQs (dated 01/23/09) available at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc.