The US '10+2' Rule ('Importer Security Filing and Additional Carrier Requirements') requires the US importer to submit electronically 10 data elements of advance cargo information to the US Customs and Border Protection (CBP). In addition, the ocean carrier must provide 2 message sets. The '10+2' Rule applies to cargo arriving in the US by ocean vessel, but bulk cargo, unless placed in containers, is excluded from the '10+2' filing requirement.

Importers (or their 'filing agents') must submit the following 10 data elements:

1. Seller;
2. Buyer;
3. Importer of record number / FTZ applicant identification number;
4. Consignee number(s);
5. Manufacturer (or supplier);
6. Ship to party;
7. Country of origin;
8. Commodity Harmonized Tariff Schedule of the United States (HTSUS) number;
9. Container stuffing location; and
10. Consolidator.

Data elements (1) - (8) must be submitted no later than 24 hours before the cargo is loaded aboard a vessel destined to the United States, data elements (9) and (10) are to be submitted 'as early as possible', but no later than 24 hours before the ship's arrival at a US port. Other criteria apply to in-bond shipments or to 'foreign cargo remaining on board' (FROB) shipments.

Ocean carriers have to provide the following 2 message sets:

1. Stow plan (data elements: vessel name, vessel operator, voyage number, container operator, equipments number, equipment size and type, stow position, hazmat code (if applicable), port of load, port of discharge); the stow plan must be submitted no later than 48 hours after the vessel departs from the last foreign port.
2. Container status messages (data elements: event code being reported, container number, date and time of event, status of the container (full or empty), event location, vessel identification); container status messages must be sent within 24 hours of entry into the Ocean carrier's tracking system.

For the precise details of the required information, please use the following web link to the US Federal Register (chapter 'III. Carrier and Importer Requirements', in particular pages 71731-71732 for carriers and page 71734 for importers):

http://edocket.access.gpo.gov/2008/pdf/E8-27048.pdf

The website of US Customs and Border Protection (CBP) provides guidance on the application in practice of the '10+2' Rule:

• US CBP start page for 'Security Filing 10+2':
  http://www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/
• Leaflet 'Importer security filing and additional carrier requirements' (version August 2009):
  http://www.cbp.gov/linkhandler/cgov/newsroom/publications/trade/import_sf_carry.ctt/import_sf_carry.pdf
• Importer security filing '10+2' program - frequently asked questions (last updated 30 Sept 2009):
  http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc

The '10+2' Rule took effect on 26 January 2009, but during the first twelve months CBP has 'shown restraint' in enforcing the rule. The CBP 'Frequently asked questions' document (web link above) confirms (at page 39) that '1. The flexible enforcement period ends on January 26, 2010. Will CBP begin assessing liquidated damages for ISF violations for cargo that is arriving within the limits of a port in the United States by January 26, 2010, or is it for cargo that is laden foreign on January 26, 2010?

Pursuant to new 19 CFR 149.2(g), ISF Importers must comply with the ISF requirements on and after January 26, 2010. Therefore, CBP may assess liquidated damages for ISFs that are required to be submitted on January 26, 2010, for ISFs that are not complete, accurate, and/or timely. For example, for goods that are to be laden at 12:01 A.M. on January 27, 2010, the ISF must be submitted no later than 12:01 A.M. on January 26, 2010.'

The Importer has the option to delegate its filing obligations under '10+2' to a 'filing agent'. The CBP 'Frequently asked questions' document expressly confirms (at page 6) that non-US freight forwarders can also act as 'filing agents' for the US importer. Any TT Club Member (whether US based or not) who acts as a 'filing agent' should inform its TT Club underwriter and will want to ensure that its liability as a 'filing agent' to its client is subject to contractual liability limits.

this flexible enforcement period has ended on 26 January 2010: