[EN-SEA] US Customs Will Go Slow and Easy Enforrcing Stringent "10+2 Rules"

US Customs has given assurances it will not strictly enforce the "Importer Security Filing" (10+2) once the year long grace period ends January 26.

US Customs and Border Protection's (CBP) Acting Commissioner Jayson Ahern said 12-month moratorium on issuing penalties was intended to give time to adapt systems and processes before enforcement.

Enormous problems have surfaced preparing for the 10+2, notably tracing back the information to suppliers, investing in systems to collect data earlier and transmitting it to CBP by approved means.

"We will approach the implementation of 10+2 much the same as we did with the 24-hour manifest rule," Mr Ahern told CBP's annual Trade Symposium in Washington, according to American Shipper. "We will opt for informed compliance rather than strict enforcement."

Mr Ahern told 800 import-export professionals that he expected that 10+2 compliance would come through warning letters, increasing inspections, and if necessary, withholding cargo releases.

"We will use the least punitive enforcement measures necessary to promote compliance with the '10+2' requirements. We will be consistent and reasonable in the application of penalties."

The ISF requires importers to electronically submit 10 pieces of information concerning the movement of an ocean container from an overseas manufacturing site to a US receiver 24 hours before loading.

The container shipping lines are additionally required to submit two sets of data relating to their handling of the container.

Mr Ahern reiterated earlier comments by CBP officials that the agency will not fine companies for technical violations or minor clerical errors, and will "continue to work with companies that need more time and help," provided they are not "wilfully disregarding the rule hoping it goes away or have no intention of complying, then we're going to have to move the next phase of escalation," he said.

Late or inaccurate information is potentially liable to a fine of US$5,000 per ISF transmission, including updates.

Source : HKSG, 15.12.09.