CBP Issues "Strawman Proposal" on Additional Advance Data Elements for Maritime Cargo (10 Plus 2)

This strawman proposal is in compliance with the SAFE Port Act provision to enhance the capability of CBP's Automated Targeting System (ATS) by requiring the advance electronic transmission of additional data elements for improved high-risk targeting, including appropriate elements of entry data, for cargo destined for importation into the U.S., prior to loading of such cargo on vessels at foreign seaports.

According to CBP, the additional data elements, which CBP refers to as Security Filing (SF) data, will be used for security and enhanced targeting, and are not intended for commercial or trade enforcement purposes.

Importer SF/Entry Data Requirements Could Both be Met Before Vessel Loading

Because of the similarity of the 10 SF data elements and entry data, CBP states that importers may be interested in fulfilling both SF and entry obligations at the same time by filing 24 hours before vessel loading. CBP states that it will consider any comments in this regard within the context of existing statutory and technological capacity.

CBP Would Utilize Existing ACS Modules to Receive SF Data

In order to receive the SF data, CBP would utilize existing modules of ACS: the Automated Manifest System (AMS) or Automated Broker Interface (ABI). CBP is proposing that current authorized transmitting entities for these modules (i.e., ABI filers and AMS participants) may transmit the SF data. CBP states that it is committed to integrating this data submission process with the future ongoing development work and implementation of the Automated Commercial Environment (ACE).

Proposed 10 Plus 2 Data Elements and Sets

10 Proposed data elements for importers or their designated agents. In addition to the current data elements specified under the 24 Hour Rule for maritime cargo (19 CFR 4.7(a)), CBP proposes to require an additional set of 10 data elements 24 hours prior to vessel loading.

These data elements would be linked, via AMS or ABI to the existing 24 Hour Rule data collected in the AMS. According to CBP, this portion of the SF will be required to be transmitted by the importer or its designated agent.

(CBP suggests that these 10 additional data elements would only be required for maritime cargo that is destined to remain in the U.S.):

Manufacturer name and address- The name and address of the entity that last manufactures, produces, or grows the imported commodity. (See Appendix A of CBP's proposal for complete details.)

Seller name and address- The last named overseas (foreign) sellers/addresses on the transaction invoice/purchase order.

Container stuffing location- The physical foreign location (street, city, country) where the goods were stuffed into the container prior to the closing of the container.

Consolidator name and address- Foreign receiving party that physically stuffs the container prior to receipt by carrier for shipment to the U.S. The consolidator's address identifies the physical location of cargo, which may differ from the usual manufacturer or shipper premises. Typically, this is a fixed location.

Buyer name and address- The last named buyer and address 24 hours prior to foreign lading.

Ship to name and address- The named party and the address on the transaction that will physically receive the merchandise, which may be different from the consignee (e.g. de-consolidator warehouse).

Importer of record number- The unique identifying number of the entity primarily responsible for the payment of any duties on merchandise, or an authorized agent acting on his behalf. The importer may be any of the following parties: the consignee, the importer of record, the actual owner of the merchandise, or the transferee of the merchandise. For any of the named parties, the unique identifying number can be the IRS, EIN, SSN, or CBP assigned number, is required on the SF.

Consignee number- The unique identifying number of the entity to which the goods are to be consigned. Typically, the consignee is the "deliver to" party at the end of the supply chain who has a fiduciary interest in the cargo. This is normally the party defined at the house bill level. For the named party, the unique identifying number can be the IRS, EIN, SSN, or CBP assigned number, is required on the SF.

Country of origin of the goods- The country of origin of a good is the country in which the good is wholly obtained or produced, as defined in 19 CFR 102.11 Subpart B - Rules of Origin.

Commodity Harmonized Tariff Schedule (HTS) number (6 digit)- Indicates the initial classification required of a shipment prior to entry being filed. Provides specific HTS identification of the commodity being ordered from the purchase order.

2 Proposed data sets for ocean carriers. In addition to the data elements outlined above, CBP would require ocean carriers to provide two additional data sets to complete the security filing:

Container status messages. CBP explains that container status messages serve to facilitate the intermodal handling of containers by streamlining the information exchange between trading partners involved in administration, commerce, and transport of containerized shipments, etc.

The container status messages' data elements would provide CBP with additional transparency into the custodial environment through which intermodal containers are handled and transported before arrival and after unlading in the U.S. This enhanced view (corroboration with other advanced data messages) into the international supply chain would contribute to the security of the U.S. and in the international supply chain through which the containers and import cargos reach U.S. ports.

The CBP proposal, currently undergoing further review, is focusing on the following data elements of the existing container status messaging set: (1) equipment number, (2) event, (3) event date and time, (4) event location, and (5) vessel.

Vessel stow plan. CBP explains that the vessel stow plan is used to transmit information about containers loaded aboard a vessel. The CBP proposal would require the vessel stow plan no later than 48 hours after the departure from the last foreign port. For voyages less than 48 hours in duration, the vessel stow plan would need to be transmitted to CBP prior to arrival of the vessel at the first U.S. port.

The vessel stow information consists of: (1) vessel name (IMO number), (2) vessel operator, (3) voyage number, (4) container operator, (5) equipment number, (6) equipment size/type, (7) stow position, (8) hazmat-UN code, and (9) vessel location - load/discharge ports.

Appendix B. CBP has included as an Appendix B to its proposal a data element comparison consisting of a list of current required manifest data, SF data, and entry data.

(Press sources indicate that the SAFE Port Act requires CBP to promulgate these regulations within one year (approximately) of the enactment of the SAFE Port Act. See ITT's Online Archives or 10/12/06 news, 06101205, for BP summary of the SAFE Port Act's requirements for ATS, with link to the Act's actual text.)

Background

In late 2004, the Departmental Advisory Committee on Commercial Operations of CBP and Related Homeland Security Functions (COAC) forwarded to the Department of Homeland Security (DHS) and CBP a recommendation regarding the acquisition of additional shipment data to be used in the pre-vessel loading security screening process.

CBP undertook further internal review and analysis of its targeting and inspection processes and worked with the Trade Support Network (TSN) on this issue. A CBP task force reviewed thousands of data elements for potential value as targeting keys, evaluated current targeting approaches, and recommended areas for improvement. (See ITT's Online Archives or 09/13/06 news, 06091305, for BP summary of the August 2006 COAC meeting where CBP's advance data evaluation process was discussed.)

CBP states that it will post this document to its Web site and provide guidance on how to direct comments on the proposal to CBP as the process moves forward. However, trade sources indicate that CBP will be taking feedback through the Departmental Advisory Committee on the Commercial Operations of Customs and Border Protection (COAC).

¹ This strawman proposal is also referred to as a draft proposal and a white paper.

CBP's strawman proposal, dated 11/07/06, available by email by sending a request to documents@brokerpower.com