July Update of CBP 10+2 FAQs (Part I-ISF Reports, Data Warehouse, Portal)
On July 9, 2010, U.S. Customs and Border Protection updated and expanded its frequently asked questions document on the 10+2 interim final rule that requires Security Filing information from importers and additional information from carriers for vessel (maritime) cargo before it is brought into the U.S.
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This new version contains more than two dozen changes (some overlapping) from the earlier January 28, 2010 version.
This is Part I of a multi-part series of summaries detailing the changes in CBP’s updated FAQ document, and highlights new information on Importer Security Filing (ISF) progress reports, a data warehouse, and portal filing.
ISF Progress Reports and Enforcement
CBP has added a new FAQ stating its position on progress reports and enforcement:
Q: Will the ISF Progress Reports be used by CBP as an enforcement tool?
A: The ISF Progress Reports were not designed to help CBP enforce the new data requirements. They are merely intended as a guide to help importers and filers gauge their level of participation. CBP will evaluate instances of non-compliance on a case-by-case basis and will consider factors surrounding potential violations before applying enforcement actions.
(Note that the FAQ’s “Enforcement Measures” section is unchanged from the January 2010 version of the FAQ. Full enforcement began on January 26, 2010. Among other things, CBP stated its guiding principal is to exercise the least punitive measures available to obtain full compliance, and that it would apply a measured, common sense approach to enforcement.)
Transactional ISF Data from New Warehouse
CBP has added a new FAQ on obtaining ISF transactional data, and on the new data warehouse it is developing.
Q: How do I get my transactional ISF data? Will CBP provide access to my transactional data in the future?
A: CBP only provides transactional ISF data to Tier 3 C-TPAT importers upon request. At this time, all other importers need to obtain the transactional level data directly from their service providers (i.e., brokers, agents, filers).
CBP is in the process of developing a data warehouse that will allow importers the ability to create and extract reports from CBP; this will include the capability to obtain transactional data. CBP will make every effort to deploy this capability to Tier 3 and Tier 2 C-TPAT importers sometime in the Fall of 2010.
(Note that the last paragraph above has also been added to the answer for the FAQ ‘Will Customs brokers have the ability to query ISF performance reports from the I track/ ACE/Portal?’)
Web Portal for ISF Filings
CBP has modified the answer to its FAQ on web portals:
Q: Will CBP create a web portal in ACE so Importers can file their own Importer Security Filings in ACE?
A: CBP has begun development of an internet-based web portal to accept ISF filings. Use of the portal by the public will be very limited in scope. For qualified users, access will be limited to no more than two (2) ISF filings per day, with a maximum of twelve (12) per year. The ISF Portal will be available no earlier than August 2010.
- Importers must pre-register their importer ID numbers with CBP (i.e., IRS# or SSN#)
- Registration of the importer ID number can be done in person at a local Port of Entry or by a licensed customs broker via the use of CBP Form 5106
(See ITT’s Online Archives or 07/15/10 news, 10071513 for BP announcing the availability of the July 9 version of the FAQ.
See ITT’s Online Archives or 02/02/10 news, 10020205 for Part I of BP’s summary of the January 28 FAQ. See ITT’s Online Archives or 02/03/10 news, 10020305 for Part II of BP’s summary of the January 28 FAQ. See ITT’s Online Archives or 02/04/10 news, 10020210 for Part III of BP’s summary of the January 28 FAQ. See ITT’s Online Archives or 02/05/10 news, 10020210 for Part IV of BP’s summary of the January 28 FAQ. See ITT’s Online Archives or 02/08/10 news, 10020820 for Part V (Final) of BP’s summary of the January 28 FAQ.)
CBP FAQs on 10+2 (July 9, 2010)