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. 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.
10+2 is an entirely new business process expanding the importer’s sphere of accountability back to the point of stuffing. 10+2 is meant to enhance cargo targeting by requiring additional data elements prior to loading at the foreign port. Improved targeting of high risk shipments will result in fewer exams for low risk shipments. 10+2 further identifies the parties in the supply chain and dovetails with the 24 Hour Rule to provide more concise descriptions of commodities being shipped to the U.S. 10+2 is for security and targeting purposes only. It is not intended for commercial or trade enforcement purposes or for determining entry. However, Customs will be comparing the ISF to the entry data to analyze and assess risk and to validate the ISF data. 10+2 information is exempt from disclosure under the Freedom of Information Act (FOIA). Customs had been contemplating a program like 10+2 for many years as part of their efforts to push supply chain security beyond our borders all the way back to the point of stuffing. The Security and Accountability for Every (SAFE) Port Act was passed in October 2006 and put into law the requirement to report advance cargo information prior to loading on vessels at foreign ports. A Notice of Proposed Rulemaking for 10+2 was published in January 2008.