CBP’s 10+2 is now in full enforcement mode

This week United States Customs and Border Protection (CBP) agency’s Import Security Filing rule, which is commonly known as 10+2, took a major step towards finally becoming official.

10+2 requires importers and carriers to electronically submit additional information on cargo at least 24 hours before ocean freight is loaded onto a vessel bound for the U.S. This additional information requires importers to provide 10 data elements and vessel carriers to provide 2 data elements on containers and their cargo to United States Customs and Border Protection (CBP), adding to the information available to CBP and improving its ability to identify containers that may pose a risk for terrorism for additional scrutiny like scanning or physical inspection, according to an October 2009 report by the GAO on Supply Chain Security.

CBP officials have long maintained that 10+2 is part of its layered enforcement strategy in working collaboratively and collectively with its other agencies to maintain the highest level of security and safety while facilitating legitimate trade.

ISF went live in January 2010, following a January 2009 interim final rule, which included a delayed enforcement date (of January 26, 2010) 12 months after the interim final rule took effect. During this one-year period, CBP said it would “show restraint in enforcing the rule…and take into account difficulties that importers may face in complying with the rule as long as importers are making a good faith effort and satisfactory progress toward compliance.”

Albert Saphir, president of Bradenton, Fla.-based ABS Consulting, told LM that while the ISF rule (albeit technically still an interim rule) is in final enforcement mode, meaning that all ports of arrival will enforce ISF compliance and will issue penalties for non-compliance to importers.  In more direct terms, he stated that the time for compliance is now, with no more courtesy notices, phone calls or three warning letters.

“Of course each port will commence enforcement differently, some will be faster and better prepared than others, some may temporarily define the absolute ISF filing deadline differently from the 24-hours prior to departure rule in the law and may allow that deadline to be closer to arrival at destination port (believe Long Beach and Los Angeles are examples of that due to the sheer volumes of importers containerized cargoes arriving there),” Saphir said.

The only part of the original ISF rule that is not being enforced is the ISF-9, which is for FROB (foreign cargo remaining onboard) and trans-shipment cargo. 

“The current requirements seem to be impossible to enforce or clearly assign to a responsible party,” said Saphir. “CBP will issue a new NPRM on ISF-5 very soon, so stay tuned for that.  Once the NPRM is out, the trade will have time to submit comments back to CBP before CBP will issue a final ISF-5 updated rule.”