On Jan. 2, 2008, United States Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in which it proposed new cargo reporting requirements via electronic transmission for both importers and carriers of cargo transported by vessel to the United States. These requirements, known as the “10+2” program, are the latest stage in the evolution of the Automated Targeting System (ATS). They will enable CBP to better assess and identify high-risk shipments to help prevent terrorist weapons from being transported to the United States.
U.S. law requires that vessels bound for the United States and required to make entry provide certain manifest information electronically to CBP 24 hours before lading containerized and non-exempt break bulk cargo at foreign ports. This has been commonly known as the “24-hour rule.” On Oct. 13, 2006, Section 203 of the Security and Accountability for Every Port Act of 2006 (P.L. 109-347) (SAFE Port Act) entered into force and requires CBP to require the electronic transmission of additional data elements in the 24-hour submission for improved high-risk targeting under ATS. This NPRM proposes the mechanism to carry out these requirements.
The proposed new requirements, separated into 10 importer requirements and two carrier requirements (the “10+2” program), would require importers and carriers to file data sets that they currently do not file.
This rulemaking could have substantial effects on the flow of goods and could result in cargo delivery delays for shipments bound for the United States. Concerns have also been expressed about how CBP will protect the confidentiality of information submitted in accordance with the NPRM. All those involved in the importing and shipping of goods from foreign ports into the United States should review and consider commenting on the proposed rule.
