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On January 26, 2009, the new rule titled Importer Security Filing and Additional Carrier Requirements (commonly known as “10+2”) went into effect. This new rule applies to import cargo arriving to the United States by vessel. Failure to comply with the new rule could ultimately result in monetary penalties, increased inspections and delay of cargo. The information submitted in Importer Security Filings improves U.S. Customs and Border Protection’s (CBP) ability to identify high-risk shipments in order to prevent smuggling and ensure cargo safety and security.
What is an Importer Security Filing?
Under the new rule, before merchandise arriving by vessel can be imported into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker),
must electronically submit certain advance cargo information to CBP in the form of an Importer Security Filing. This requirement only applies to cargo arriving in the United States by ocean vessel;
it does not apply to cargo arriving by other modes of transportation.
Who is Responsible for the Filing?
The ISF Importer is required to submit the Importer Security Filing. The ISF Importer is the party causing the goods to arrive within the limits of a port in the United States by vessel. Typically, the ISF Importer is the goods’ owner, purchaser, consignee, or agent such as a licensed customs broker. However, for foreign cargo remaining on board (FROB), the ISF Importer is the carrier. For immediate exportation (IE) and transportation and exportation (T&E) in-bond shipments, and goods to be delivered to a foreign trade zone (FTZ), the ISF Importer is the party filing the IE, T&E, or FTZ documentation.
What Must Be Filed?
Shipments Consisting of Goods Intended to be Entered into the United States and Goods Intended to be Delivered to a Foreign Trade Zone ISF Importers, or their agent, must provide eight data elements, no later than 24 hours before the cargo is laden aboard a vessel destined to the United States. Those data elements include:
• Seller
• Buyer
• Importer of record number / FTZ applicant
identification number
• Consignee number(s)
• Manufacturer (or supplier)*
• Ship to party *
• Country of origin *
• Commodity Harmonized Tariff Schedule of
the United States (HTSUS) number*
- ISF Importers have flexibility with respect to the submission of these four data elements. For these data elements, importers may submit a range of acceptable responses based on facts available to the ISF Importer at the time of submission. The Importer Security Filing must be updated as soon as more accurate or precise data becomes available and no later than 24 hours prior to the ship’s arrival at a U.S. port. Two additional data elements must be submitted as early as possible, but no later than 24 hours prior to the ship’s arrival at a U.S. port. These data elements are:
• Container stuffing location; and
• Consolidator
FROB, IE Shipments, and T&E Shipments
For shipments consisting entirely of FROB and shipments consisting entirely of goods intended to be transported in-bond as an IE or T&E, the Importer Security Filing must consist of five elements. Importer Security Filings for IE and T&E shipments must be submitted no later than 24 hours before the cargo is laden aboard a vessel destined to the United States and Importer Security Filings for FROB must be submitted any time prior to lading. The following five data elements must be submitted for FROB, IE and T&E shipments:
• Booking party
• Foreign port of unlading
• Place of delivery
• Ship to party
• Commodity HTSUS number
Remote Location Filing (RLF) is a pilot program that allows approved participants to electronically file entries with CBP from a location within the United States other than the port of arrival or location of examination. For example, merchandise is entered in Miami; a Seattle filer, via RLF, files the entry.
Cleared and Delivered has remote location filing capability through all ports of the USA. Ask us about clearing your freight through this fast and easy method.
Customs Clearance all Ports of Entry into the U.S.A.- We clear freight at all ocean ports, airports, and border ports. We will track and coordinate all phases of the customs clearance process.
Continuous Bond- Frequent shippers can import into the U.S.A. without purchasing a bond for every shipment, discounted rates available. Cleared and Delivered can assist your company in obtaining a continuous bond today.
Duty Drawbacks-Cleared and Delivered assists it’s clients in re-imbursement of duty paid on goods entered into the U.S.A., then re-exported to a foreign country.
Line Release Entry-Cleared and Delivered can obtain a Line Release approval for clients who ship frequently into the U.S.A. This is approved for “low risk commodities” and high volume entries and multiple container loads.
Import Programs-Cleared and Delivered can customs design an integrated import program that suits the needs of your business. Our expert team of professionals opens the door to seamless importation of your goods.
Types of Customs Entries
T&E Entry – Transportation and Export: Goods shipped under U.S. Customs bond from a U.S. Port of Entry to a second U.S. Customs port for export to a third country.
VST&E – Vessel Transportation and Export: This is a specialized U.S. Customs bond intended for a foreign vessel which will be immediately leaving the USA.
Warehouse Entry- This entry is for goods entering the USA under bond to temporarily store goods in a warehouse without paying duties and/or taxes.
Informal Entry- This type of entry is performed for shipments valued under $2,000 USD. (Some commodities are restricted to on an informal entry, regardless of the value.)
Consumption Entry- Designed for shipments entering the U.S.A. with a value over $2,000 USD.
TIB- Temporary Import Bond- Goods entering USA temporarily and intended for re-export to the originating county. Some restrictions do apply.
4455- Certificate of Registration- We also prepare this U.S. Customs document which is intended for foreign shipment exporting from the U.S.A. and then intended for return to the U.S.A.
IT Entries- Immediate Transit- Goods shipped under U.S. bond directly from initial Port of Entry into the USA to a second U.S. Customs port. Note: Restriction: The Carrier must hold a Bond with U.S. Customs.
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Cleared and Delivered suggests being well prepared before your goods enter any U.S port. Below are 4 “must have” items for quick and easy customs clearance and delivery.
1. The Commercial Invoice
Have a detailed Commercial Invoice on hand-The Commercial Invoice (link) contains a vast amount of detailed information about your product, it’s manufacturer, origin, destination, HTS code, and more. This info is crucial for a customs broker clearing your freight.*
Download Invoice
2. Power of Attorney
Cleared and Delivered needs power of attorney over your shipment to classify and clear your goods through customs. We also need this privilege to pay duty on your behalf. This document authorizes your broker to take control over your import.
Download Power of Attorney
3. Airway Bill/ Bill of lading and Arrival Notice
This is the “boarding pass” from the shipping line or airline that your freight is onboard their vessel or airplane. The “Arrival Notice” notifies Cleared and Delivered that your freight has arrived at a ocean port or airport, and is ready to clear. An AWB/BL also provides a tracking number to locate your freight and shipping details.
4. Harmonized Tariff Code
Cleared and Delivered can find and classify the harmonized tariff code for you, but thing’s move quicker if you have this information available on your commercial invoice, or enter it in your Cleared and Delivered quote inquiry. “Find your HTS code here”:
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