The U.S. Department of Homeland Security announced today new information requirements on maritime cargo destined for the United States. The Importer Security Filing and Additional Carrier Requirements interim final rule will require maritime cargo carriers and importers to submit additional data to U.S. Customs and Border Protection (CBP) before vessels are permitted entry into the country.

The interim final rule will be published in the Federal Register on Tuesday, November 25 and will take effect 60 days after publication.

The interim final rule also includes a delayed compliance date of 12 months after the interim final rule takes effect. During this 12-month period, CBP will show restraint in enforcing the rule. CBP will take into account difficulties that importers may face in complying with the rule as long as importers are making a good faith effort and satisfactory progress toward compliance.

In addition, CBP will conduct a review, to determine any specific compliance difficulties that importers and shippers may experience in submitting all 10 data elements 24 hours before lading. The structured review will cover a range of enterprises, from small to large, and will include both integrated and nonintegrated supply chains.

Based on the information obtained during the structured review and public comment periods, CBP will conduct an analysis of the elements subject to flexibility. The analysis will examine compliance costs for various industry segments, the impact of the flexibilities, the barriers to submitting the data 24 hours prior to lading, and the benefits of collecting the data. Based upon the analysis, DHS will determine whether to eliminate, modify or maintain these requirements.

The interim final rule requires Importer Security Filing (ISF) importers, as defined in the interim final rule, or their agents to provide EIGHT DATA ELEMENTS, generally no later than 24 hours before the cargo is laden aboard a vessel destined to the United States, for shipments consisting of goods intended to be entered into the United States and goods intended to be delivered to a foreign trade zone (FTZ). 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 ; and
• Commodity Harmonized Tariff Schedule of the United States (HTSUS) number.

The rule provides flexibility for importers with respect to the submission of four of these data elements:  (manufacturer (or supplier), ship to party, country of origin, and commodity Harmonized Tariff Schedule of the United States (HTSUS) number), ISF Importers will be permitted to submit an initial response or responses based on the best available data which they will have to update as soon as more precise or more accurate information is available, but in no event less than 24 hours prior to arrival at a U.S. port (or upon lading at a foreign port that is less than a 24 hour voyage to the closest U.S. port).

The ISF will also need to include two data elements that 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

A major difference in the NPRM and the interim rule is the compliance penalties were changed from the value of the merchandise to $5,000 per violation.

Attached is a fact sheet(click here) and FAQ (click here) published by Homeland Security . 

For additional information please visit http://www.cbp.gov/.

The interim final rule can be found at