On January 26, 2010 You MUST File a 10+2 or Face Penalties!

U.S. Customs and Border Protection is serious. On January 26, 2010 they will start issuing penalties for failure to comply with the Importer Security Filing (ISF), also known as the 10+2. We can file for you or your shipper overseas can do it, but someone must. Failure to file will result in a $5,000 per violation penalty. You can also be fined for filing incomplete or wrong information. Therefore, the total penalty per shipment could be as much as $10,000.00.

Customs' regulations require that this information be filed 24 hours prior to the loading of the vessel. In order for us to accomplish this, we need to receive the documents 4 days before departure of the vessel. This will give us ample time to file and save you from facing a penalty. If there are any corrections we will need that information immediately so we can update the information with Customs. I cannot state enough that this is YOUR responsibility and YOUR penalty.

U.S. Customs is also requiring an additional bond for the ISF. This can be done with a single ISF bond, which will carry an additional charge. The shipment and ISF can also be bonded with a continuous transaction bond.

Arizona Customs Brokers is here to assist you with this filing and the bond. On our website, arizonacustomsbrokers.com, you can download "The Importer Security Filing Data Sheet", found under forms. We have setup a special email address for you or your overseas partner to send the form and documents. This address is isf@arizonacustomsbrokers.com. If you have any questions regarding the ISF or bonding requirements please give Robert Hornyan a call at 602-273-0912. We are here to assist you and keep you penalty free.

Beginning January 26, 2009 all shipments destined for the United States must comply with the submission of "Importer Security Filing 10+2(ISF)". The importer is ultimately responsible for the data to be entered in the Import Security Filing even if entered by an agent of theirs. This data must be received by U.S. Customs 24 hours prior to the loading of a vessel. That data has to be reviewed, classified, processed and accepted in order for your shipment to be loaded on a vessel that is destined for the USA. This data has to be sent to U.S. Customs and Border Protection via an approved electronic data interchange systems.

Arizona Customs Brokers can do this for you.

Simply stated, the ISF requires the importer or their agents to provide ten data elements 24 hours before the departure of the vessel and the two remaining elements 24 hours before the vessel's arrival.

The original ten elements required are:

1. Manufacturer(Supplier)- Name and Address
2. Seller(Shipper)- Name and Address
3. Buyer(Purchaser)- Name and Address
4. Ship to Consignee or Ultimate Consignee - Name and Address
5. Container stuffing location - Name and Address
6. Consolidator(Stuffer)(Forwarder) - Name and Address
7. Importer of Record - ID Number
8. Consignee - ID Number
9. Country of Origin
10. Harmonized Tariff Schedule Number

Plus the last two elements:

1. Master Bill of Lading - House Bill of Lading(NVOCC)
2. Ocean Bill of Lading (if straight B/L).

Arizona Customs Brokers will be prepared to submit this information to U.S. Customs on your behalf. In order for us to comply with this regulation we will require that this information be sent to us 4 days prior to the delivery of the container to the port. We would also like the commercial invoice and packing list at this time. This will require additional work on our behalf and we will have to charge for this service. At this time we are not sure what the charge will be as things are still being worked out and subject to change.

Between January 26, 2009 and January 26, 2010 U.S. Customs will be evaluating any compliance difficulties. Customs reserves the right to take enforcement action when an importer is not achieving "satisfactory progress" or making a "good faith effort to comply" during this time. Customs penalties for non-compliance are $5,000.00 per violation.

Please call us with any questions you may have at 602-273-0912. As we get more information we will pass that along to you or you can check our website at www.arizonacustomsbrokers.com.

Section 103. Tracking Labels for Children's Products

Basic Summary:
Section 103(a) of the new law requires manufacturers to have a tracking label or other distinguishing permanent mark on any consumer product primarily intended for children twelve and younger. The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. The scope of this provision is quite broad in that it applies to all children's products, including, but not limited to, items such as clothing or shoes not just toys and other regulated products. Congress modified the requirement for tracking labels with the phrase "to the extent practicable" recognizing that it may not be practical for permanent distinguishing marks to be printed on small toys and other small products that are manufactured and shipped without individual packaging.

The Commission has the authority to issue a rule further defining the detail required in the tracking labels. Moreover, the Commission also has the ability to require in the future that the additional information contained on tracking labels for children's products be expanded to cover all consumer products.

Section 103(c) of the new law also addresses the types of claims a manufacturer can make regarding its compliance with mandatory or voluntary safety rules. After October 12, 2008, no product packaging, advertisements or labels can refer to any safety standard unless the product complies with that standard.

Effective Date: The requirement for tracking labels is effective one year after the date of enactment or August 14, 2009. The requirements

JANUARY 01 NEW YEAR'S DAY
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U.S. Customs and Border Protection Information Bulletin

DATE: October 15, 2008
TO: Carriers, Shippers, Brokers, Importers and other Interested Parties
FROM: Tucson Field Office, U.S. Customs and Border Protection
SUBJECT: October 15, 2008 Maritime Seal Requirement

On October 15, 2008, a new seal requirement for all sea containers in transit to the United States will become effective. The statute requires all sea containers sealed with a seal meeting the International Organization for Standardization Publicly Available Specification 17712 (ISO/PAS 17712), Freight Containers - Mechanical Seals. The statutory requirement applies to loaded sea containers, including freight remaining on board, arriving by vessel at U.S. ports of entry. Exceptions, however, include tanks, non-standard containers (such as open top containers), and those containers incapable of being affixed with such a seal.


U.S. Customs and Border Protection (CBP) will ensure compliance with this new requirement as part of normal inspection activities and does not envision any new activities aimed simply at seal verification. The national policy will identify the methods used to ensure compliance with this statute and has not been finalized. Field Offices should continue with normal activities in regards to sea container seals until notified otherwise. We expect the policy finalized and issued shortly.


Thank you for your attention to this matter. If you have questions or concerns, please contact Mr. Armando Goncalvez, Supervisor - Program Manager, Trade 520-407-2323.

SEAL REQUIREMENTS

It is important that business partners and importers understand the importance of container security.

High security seals must be affixed to all loaded import containers bound to the U.S. These seals must meet or exceed the current ISO-PAS 17712 standards for high security seals.

We have provided a link to the Customs and Border Protection website for more information on this subject. If you have any questions concerning container security please give us a call at 602-273-0912.

CBP has a short video on container security which you can use as a training video.

https://ctpat.cbp.dhs.gov/images/videos/Container%20Inspection.wmv

CBP has developed a new online trade violation reporting system called e-Allegations to provide concerned members of the public a means to confidentially report suspected trade violations to CBP.

Members of the public can go to: http://www.customs.gov/ and access the e-Allegations link under the Trade page.