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Reminder: Comments on the Six "Flexible" 10+2 Data Elements are Due June 1, 2009

In November 2008, U.S. Customs and Border Protection issued its interim final rule which amended 19 CFR 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.

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The interim final rule establishes the date of January 26, 2010 for full compliance. However, as of January 26, 2009, CBP expects importers to make a good faith effort to comply with the interim final rule to the extent of their ability.

Comments on Six "Flexible" 10+2 Data Elements Due by June 1st

According to the interim final rule, CBP is inviting comments on the six data elements for which CBP is providing some type of flexibility by June 1, 2009.

(The requirements regarding the timing of transmission for two of the 10 Importer SF (ISF) elements and the flexible requirements for four of the 10 elements were adopted as an interim final rule and CBP has invited comments on these requirements. All other requirements in the rule were adopted as final and CBP is not inviting comments on those requirements.)

The six data elements for which CBP is seeking comments on are:

manufacturer (or supplier),

ship to party,

country of origin,

commodity Harmonized Tariff Schedule (HTS) number

container stuffing location, and

consolidator (stuffer),

Over 300 Documents Posted in Response to Proposed & Interim Final Rule

According to Regulations.gov (www.regulations.gov), over 300 documents have been posted under the docket number for the proposed and interim final 10+2 rulemakings (USCBP-2007-0077) as of the afternoon of May 1, 2009.

CBP Recently Provided 10+2 Update

CBP officials recently provided an update on 10+2 at the National Customs Brokers and Forwarders Association of America's annual conference.

Among other things, Acting Commissioner Ahern stated that if, after the delayed compliance period, people are not ready, but all efforts to come into compliance with the new requirements were made, CBP would strongly consider extending the delayed compliance period.

(See ITT's Online Archives or 04/27/09 news, 09042705, for BP summary of CBP officials providing a 10+2 update at the recent NCBFAA conference.

See ITT's Online Archives or 12/23/08 news, 08122310, for the final part of BP's summary on the details of CBP's 10+2 interim final rule, with links to previous parts.

See ITT's Online Archives or 03/10/09 news, 09031015, for the final part of BP's summary on CBP's 10+2 FAQ, with links to previous parts.)

CBP's 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