CBP Updates, Expands its 10+2 FAQs (Part Final - ISF-10/ISF-5, Etc.)
On January 28, 2010, U.S. Customs and Border Protection updated and expanded its frequently asked questions document on its 10+2 interim final rule that requires Security Filing information from importers and additional information from carriers for vessel (maritime) cargo before it is brought into the U.S.
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This is Part V, the final part, of a multi-part series of summaries detailing CBP's updated FAQ document, and highlights new information on ISF-10 and ISF-5 filings, postal codes, and acceptable vessel stow plan formats.
ISF-10 and ISF-5 Filings
CBP has added the following new questions regarding ISF-10 and ISF-5 filings:
ISF-10 if Diversion Possible, Then ISF-5 if Diversion Decision Made Before Arrival
Q: My company regularly imports to the U.S., Canada and Mexico; sometimes at the same time. At the time the ISF is required, we don't always know the specific destination for a particular shipment. For instance, sometimes the decision is made to divert a portion of a U.S. bound shipment to an FTZ or to Canada/Mexico after vessel sailing. In these cases, should I file an ISF-10 instead of an ISF-5 filing?
A: In these cases, an ISF-10 should be submitted. The ISF-10 must be updated at a later time with an ISF-5 if the decision is made to divert the shipment to Mexico or Canada via an IE or T&E or once better information becomes available prior to vessel arrival at the first U.S. port. However, if better information does not become available until after vessel arrival in the first U.S. port, the ISF importer is no longer bound to update the ISF-10 but may still do so at their discretion. As a matter of policy, updating an ISF-10 to an ISF-5 does not require Port Director approval.
NVOCCs May File ISF-5 for FROB if Filing Manifest Data via AMS
Q: I am an automated NVOCC filing manifest data via AMS. Am I also responsible for submitting the ISF-5 to CBP for FROB shipments? The interim final rule states that the carrier is the responsible party. However, NVOCCs are also specifically included as carriers under 19 CFR 4.7.
A: As the rule is currently written, the carrier, defined as the vessel operator, is responsible for filing the ISF-5 for FROB shipments. However, CBP is aware that NVOCCs are included as carriers in 19 CFR 4.7 but are not included as carriers in 19 CFR 149. CBP plans to address this issue through the regulatory process.
Until such time as CBP addresses this issue, filers of ISF-5 FROB data will be treated with wide discretion by CBP relative to ISF enforcement issues, provided CBP receives the required ISF5 FROB data. In the interim, vessel operating carriers must submit the ISF-5 for FROB shipments if they have direct access to the data as the entity that received the booking directly from the shipper.
In those instances where an NVOCC is filing manifest data via AMS, the NVOCC may file the ISF-5 for the appropriate transactions; and this action may be done without obtaining a power of attorney from the carrier. CBP will receive these transactions and process them using standard data edits and messaging.
Carriers and NVOCCs will be operating under the same considerations as will importers and brokers during the graduated enforcement period for ISF.
Postal Codes
Postal Code Not Required if Country Does Not Utilize Postal Code System
CBP has added the following question to its FAQ regarding postal codes:
Q: Some of our ISF entities are in countries that don't have a formalized postal code system. How will CBP handle ISF entities that are transmitted without a postal code?
A: A postal code is not required as part of an address on an ISF for countries that do not currently utilize a postal code system. CBP is working on formalizing a list of countries that use postal codes. When this has been completed, CBP will provide this list to the trade.
Vessel Stow Plan Formats
CBP Developing MS Excel Formatted Vessel Stow Plan
CBP has expanded its response to the question on the formats for submitting vessel stow plans to CBP.
CBP will accept the SMDG (smdg.org) versions of the UNEDIFACT BAPLIE stow plan. CBP is developing a MS Excel formatted vessel stow plan that may be used by carriers who do not currently use UNEDIFACT BAPLIEs at this time. Requests to use this alternative format will be reviewed and approved on a limited and case by case basis.
(See ITT's Online Archives or 02/02/10 news, 10020205, for Part I of BP's summary on the updated FAQs.
See ITT's Online Archives or 01/22/10 news, 10012205, for BP summary of CBP officials discussing the ISF bond options.
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.)
CBP's 10+2 FAQs (updated 01/28/10) available at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc