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The Importer Security Filing (ISF) Interim Final Rule was published in the Federal Register today. Starting on January 26, 2009, importers will need to provide Customs and Border Protection (CBP) with ten data elements 24 hours prior to lading aboard a U.S.-bound vessel. To provide the trade sufficient time to adjust to the new requirements and adapt their business practices, CBP will have a 12 month phased-in enforcement policy. Importers must, however, show that they are making satisfactory progress towards compliance and are making good faith efforts to comply with the rule.

The Interim Final Rule also states that there will be flexibility with respect to six data elements, which fall into two categories.
·         Timing: The Container stuffing location and the Consolidator (stuffer) will be given flexibility in regard to timing. The ISF Importer must submit these elements as early as possible, and not later than 24 hours prior to arrival at a U.S. port (or upon lading at the foreign port if that is later than 24 hours prior to arrival in a U.S. port).
·         Interpretation: The Manufacturer (or supplier), Ship to party, Country of origin, and Commodity HTSUS number will be given flexibility in regard to interpretation. There is no special timing flexibility proposed for these elements; they must be filed 24 hours prior to lading. However, CBP has added flexibility by allowing ISF Importers, in their initial filing, to provide a range of acceptable responses based on facts available to the importer at the time. This is in lieu of a single specific response (which may become known to the importer only at a later time). ISF Importers will be required to update their filings with respect to these elements as soon as more precise or more accurate information is available, not later than 24 hours prior to arrival at a U.S. port (or upon lading at the foreign port if that is later than 24 hours prior to arrival at a U.S. port).

CBP is requesting comments by June 1, 2009 on the six data elements that are listed above.

For more information on 10+2, please see the Interim Final Rule, visit the Importer Security Filing page of Deringer's website or email us at 10plus2@anderinger.com. Now that the highly anticipated Interim Final Rule has been published, Deringer is planning a webinar slated for January 2009. As soon as the date is finalized, we will send out more information.