CBP's Updated 10+2 FAQ (U.S. Goods Returned, Insular Possessions, Etc.)

This is Part V, the last of a multi-part series of summaries detailing CBP's updated FAQ document, and highlights new information for Importer Security Filings (ISFs) for U.S. goods returned, U.S. insular possessions, foreign ports of unlading, place of delivery, and ISF-5 messaging and filing.

U.S. Goods Returned

CBP has added a new FAQ section on U.S. goods returned, as follows:

ISF required. In answer to a question on whether there are exceptions to the ISF filing requirements for U.S. goods returned, CBP answered that ISFs are required for these articles.

Two tariff numbers. CBP stated that both the HTS Chapter 98 number and the HTS commodity number are required for U.S. goods returned.

Mfger/Supplier as U.S. company. CBP also stated that for U.S. goods returned, the manufacturer (supplier) can be a U.S. company if the party who last manufactured, assembled, produced, or grew (or supplied) the commodity is a U.S. company.

Commingled goods. An importer asked what ISF coded transaction type is required if his shipment contains a mix of U.S. Goods Returned and foreign manufactured goods -- Type 01 or Type 07? CBP answered that is this situation the "Type 01" Standard coded transaction type should be used. The "Type 07" U.S. Goods Returned coded transaction type is reserved for those shipments that consist entirely of U.S. goods.

U.S. Insular Possessions

CBP has also added a new FAQ section on U.S. insular possessions, as follows:

Puerto Rico. A questioner asked if ISF filing requirements apply to Puerto Rico. CBP answered that as Puerto Rico is part of the customs territory of the U.S., imports into PR are subject to ISF filing requirements.

ISF needed for IP exports to U.S. In response to a question asking if shipments originating from a U.S. insular possession (such as U.S. Virgin Islands, American Samoa, or Guam) and exported into the U.S. are subject to the ISF/10+2 filing requirements, CBP answered "yes", as U.S. insular possessions are not part of the customs territory of the U.S.

No ISF needed for non-U.S. exports to IP. CBP also stated that ocean shipments from non-US locations into a U.S. insular possession are not subject to the ISF/10+2 filing requirements, as U.S. insular possessions are not part of the customs territory of the U.S.

Foreign Port of Unlading, Place of Delivery

CBP has added the following new questions and answers on foreign ports of lading and place of delivery:

Cargo that transits U.S. for Mexico/Canada. A questioner asks what the foreign port of unlading should be for a vessel carrying transit cargo (FROB, IE, T&E) destined for Mexico that departs from Hong Kong and discharges said cargo in Los Angeles. The cargo is then put on a truck bound for Laredo. The cargo exits the U.S. and enters Mexico at Nuevo Laredo, Mexico. The final destination of the cargo is Mexico City, Mexico.

For shipments that are being exported to Canada or Mexico via truck or rail, CBP states that the UNLocode of the first foreign port of entry (or nearest city) after export from the U.S. may be used; in this case, MX LRD (the code for Nuevo Laredo) would be acceptable. In addition, in this case, the known "Place of Delivery" is Mexico City (MX MEX).

ISF-5 Messaging and Filing

CBP has added a new question on ISF-5 messaging, and deleted a sentence from its answer on ISF-5 filing, as follows:

No unique ID for unified manifest/ISF-5 filings. A questioner asked if a carrier submits a unified filing for the 24 hour manifest data and ISF-5 data, will an ISF acknowledgment or unique identification number (receipt number) for the ISF-5 be returned to the carrier? CBP answered "No". Unified manifest/ISF-5 filings will not receive a unique identification number.

Responsible party for FROB, IE, T&E, and FTZ goods. A questioner asked who is the responsible party for filing an ISF-5 for FROB? Who is responsible for filing the ISF-5 for IE and T&E shipments?

CBP stated that the party required to submit the Importer Security Filing is the party causing the goods to enter the limits of a port in the U.S. This party is the carrier for FROB and the party filing for the immediate exportation (IE), transportation and exportation (T&E), or foreign trade zone (FTZ) documentation for those types of shipments. If IE or T&E documentation have not been filed 24 hours prior to lading, the party who will file the IE or T&E documentation is required to submit the ISF.

(See ITT's Online Archives or 10/09/09 news, 09100910, for Part IV, which covered liquidated damages, duplicates, empty containers, garment hangers, and IIT.

See ITT's Online Archives or 10/07/09 news, 09100705, for Part III, which covered coded transactions, bulk/break bulk, carnets, and antiques.

See ITT's Online Archives or 10/06/09 news, 09100610, for Part II, which covered the structured review period, progress reports, and ISF amendments.

See ITT's Online Archives or 10/05/09 news, 09100505, for Part I, which covered bill of lading numbers and bonds.

See ITT's Online Archives or 08/20/09 news, 09082005, for BP summary of CBP officials discussion of ISF bonds, etc. See ITT's Online Archives or 03/10/09 news, 09031015, for BP summary of CBP's previous 10+2 FAQ, with links to previous parts. See ITT's Online Archives or 12/23/08 news, 08122310, for the final part of BP's summary on the details of CBP's 10+2 interim final rule, with links to previous parts.)

CBP's 10+2 FAQs (updated 09/30/09) available at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc