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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : CR EIC 111/2/16

28 January 2010

Dear Sirs,

Commercial Information Circular No. 55/2010

US : Importer Security Filing and Additional Carrier Requirements

Traders are reminded that the US Customs and Border Protection (CBP) has started "full enforcement" of the interim final rule on "Importer Security Filing and Additional Carrier Requirements" starting from 26 January 2010

DETAILS

  1. Traders were informed via Commercial Information Circular (CIC) No. 601/2008 of 2 December 2008 that the US CBP released an interim final rule to require importers and carriers to electronically submit additional information on cargo to the CBP before the cargo is brought into the US by vessel. As the rule requires 10 and 2 data elements from the importer and carrier respectively, it is commonly known as the "10+2" rule. It came into effect on 26 January 2009; however, it provided a one year delayed enforcement period, until 26 January 2010, to allow the trade to work through various problems and come into compliance with the requirements. 
     

  2. Under the "10+2" interim final rule, importers must file an Importer Security Filing (ISF) for most shipments no later than 24 hours before the cargo is laden aboard a vessel destined for the US. The ISF must consist of the following 10 data elements: 

  1. seller (or owner) name and address; 
     

  2. buyer (or owner) name and address; 

  3. consignee number;
     

  4. importer of record number/ foreign trade zone applicant identification number; 
     

  5. ship-to party name and address; 
     

  6. manufacturer (or supplier) name and address; 
     

  7. country of origin;
     

  8. commodity Harmonised Tariff Schedule of the US (HTSUS) number; 
     

  9. container stuffing location; and
     

  10. consolidator (stuffer) name and address; 

At present, CBP is allowing flexibilities in six of the 10 data elements. For data elements (v) – (viii), importers may submit a range of acceptable responses based on facts available to them at the time, in lieu of a single specific response. Importers must update their filings as soon as more precise information is available, but at least 24 hours in advance (or upon lading at a non-US foreign port if that is later than 24 hours) prior to arrival at a US port. Data elements (ix) and (x) should be submitted as early as possible, but in any event no later than 24 hours (or upon lading at a non-US foreign port if that is later than 24 hours) prior to arrival at a US port. 

  1. In addition to the above 10 data elements, the rule also requires carriers to submit two additional data elements, including:

  1. a vessel stow plan used to transmit information about the physical location of the cargo loaded aboard a vessel; and 
     

  2. container status messages (CSMs), which are used to report terminal container movement (e.g. loading and discharge of vessel) and to report the change in status of containers (e.g. empty or full).

  1. To assist the trading community in understanding the implementation details of the "Importer Security Filing and Additional Carrier Requirements" interim rule, CBP published a set of "Frequently Asked Questions", which can be downloaded from its website at: http://cbp.gov/ linkhandler/cgov/trade/cargo_security/carriers/
    security_filing/10_2faq.ctt/10_2faq.doc.

ENQUIRIES

  1. Traders are strongly advised to seek clarifications with their importers in the US in order to fully comply with the necessary requirements. For other enquiries concerning this circular, please contact Miss WONG Ying at telephone number 2398 5403.

Yours faithfully,




(Ms WONG Ying)

for Director-General of Trade and Industry