The Perishable Specialist Inc. - BLOG

Importer Security Filing “10+2” Program

Frequently Asked Questions

Last Updated: September 30, 2009

http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc#Liquidated

(10/01/2009)

CBP is hosting trade outreach events in various locations around the country to provide the trade community with an opportunity to learn more about the new Importer Security Filing and Additional Carrier Requirements (a.k.a. ISF/”10+2”) interim final rule. These events are intended to give the importing and filing community a basic understanding of how to fulfill the new requirements. Space is limited so please pre-register using the CBP on-line registration process.
( FAQs: Importer Security Filing “10+2″ Program (doc - 504 KB.) )

Future CBP ISF/”10+2″ 2009 Outreach Events

Please continue to check this page for announced dates.

ISF/”10+2” outreach events have already occurred in the following cities:

Long Beach/Los Angeles, CA - Tuesday, December 9, 2008
Long Beach/Los Angeles, CA - Wednesday, December 10, 2008
Seattle, WA - Thursday, December 11, 2008
Newark, NJ - Tuesday, December 16, 2008
Newark, NJ - Wednesday, December 17, 2008
Oakland/Burlingame, CA - Wednesday, January 14, 2009
Baltimore, MD - Thursday, January 22, 2009
Philadelphia, PA - Friday, January 23, 2009
Charleston, SC - Wednesday, January 28, 2009
Savannah, GA - Thursday, January 29, 2009
Houston, TX - Wednesday, February 4, 2009
JFK Area, NY - Thursday, February 5, 2009
Miami, FL - Tuesday, February 10, 2009
Long Beach, CA - Wednesday, February 18, 2009
Boston, MA - Monday, February 23, 2009
Chicago, IL - Wednesday, February 25, 2009
Portland, OR - Thursday, March 5, 2009
Newark, NJ - Monday, March 9, 2009
Newark, NJ - Tuesday, March 10, 2009
JFK Airport, NY - Wednesday, March 11, 2009
JFK Airport, NY - Thursday, March 12, 2009
New Orleans, LA - Tuesday, April 14, 2009
Detroit, MI - Wednesday, April 22, 2009
Norfolk, VA - Friday, May 15th, 2009
Atlanta, GA - Friday, May 15th, 2009
Philadelphia, PA - Wednesday August 19, 2009
Seattle/Tacoma, WA - Wednesday August 19, 2009
Boston, MA - Wednesday August 26, 2009
Houston, TX - Wednesday August 26, 2009
Baltimore, MD – Wednesday, September 02, 2009
Long Beach, CA – Wednesday, September 02, 2009
Miami, FL – Wednesday, September 09, 2009
Charleston, SC – Wednesday, September 09, 2009
Chicago, IL – Wednesday, September 23, 2009
San Francisco, CA – Wednesday, September 23, 2009
Washington, DC - Tuesday, September 29, 2009
New York, NY - Wednesday, September 30, 2009
Norfolk, VA – Wednesday, September 30, 2009

Note: This schedule is subject to change and certain locations may be repeated based on demand.

Customs-Trade Partnership Against Terrorism (C-TPAT) Enforcement and Appeal Process
Fri, 04 Sep 2009 15:53:24 -0500

Customs-Trade Partnership Against Terrorism (C-TPAT) Enforcement and Appeal Process has been updated.

http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/ctpat/ctpat_appeal_process.ctt/ctpat_appeal_process.doc

(09/04/2009)Because the Power of Attorney (POA) can authorize the movement of conveyances and merchandise into the United States, it is critical that it be examined carefully. By ensuring that each POA is valid, the broker joins U.S. Customs and Border Protection on the national security frontlines in verifying the data used to screen what enters this country.

In addition to security, the broker’s own professional business interests and continuing obligation to demonstrate “reasonable care” require verification of the POA grantor’s identity and legal authority (position in a company or partnership) to enter into a POA.

Here are some ways the broker can validate a Power of Attorney:

• To the greatest extent possible, have POAs completed in person so the grantor’s personal identification (driver’s license, passport, etc.) can be reviewed.
• Check applicable Web sites to verify the POA grantor’s business and registration with State authorities.
• If the principal uses a trade or fictitious name in doing business, confirm that the name appears on the POA.
• Verify that the importer’s name, importer number and Employer Identification Number (also known as the Federal Tax Identification Number) on the POA match what is in ACS.
• Check whether the POA grantor is named as a sanctioned or restricted person or entity by the U.S. Government. See the Bureau of Industry and Security’s Export Enforcement page. ( Export Enforcement )

Questions concerning this should be directed to the:

Office of International Trade
Trade Policy and Programs
( Broker Compliance Points of Contact )

USDA Provides Partial Exemption to Minimum Grade Requirements for Fresh Tomatoes
The Department of Agriculture’s Agricultural Marketing Service has issued a final rule that, effective Oct. 5, will provide a partial exemption to the minimum grade requirements for Vintage Ripes™ tomatoes imported into the U.S. Absent this exemption, the import requirements specify that Vintage Ripes™ tomatoes must meet at least a U.S. No. 2 grade before they can be shipped and sold into the fresh market. However, this variety of tomatoes often has difficulty meeting the shape requirements specified under that grade, and they also have higher production costs and tend to sell at a higher price than standard round tomatoes. As a result, producing these tomatoes for market may not be financially viable without an exemption. The AMS is therefore exempting Vintage Ripes™ from the shape requirements of the U.S. No. 2 grade in order to make more of these specialty tomatoes available for consumers. Vintage Ripes™ tomatoes are still required to meet all other requirements under the import regulation, such as size and inspection.

(08/31/2009)In order to avoid potential problems in the clearance of your merchandise, U.S. Customs and Border Protection (CBP) strongly recommends that you familiarize yourself with CBP policies and procedures prior to actually importing/exporting your goods. You should also be aware of any entry requirements specific to the particular commodity you are importing/exporting, including those of other federal agencies. To assist you, we offer the following tips for new importers and exporters.

What kind of license is required to import merchandise into the United States?
CBP does not require an importer to have a license or permit, but other agencies may require a permit, license, or other certification, depending on the commodity that is being imported. CBP acts in an administrative capacity for these other agencies, and you may wish to contact them directly for more information. You can find links to other government agencies and departments at USA.gov. ( A-Z Index of U.S. Government Departments and Agencies ) There is a listing of other government agencies in the appendix section of the publication Importing Into the United States. ( Importing into the United States (doc - 1,588 KB.) (pdf - 467 KB.) ) You may also need a license from local or state authorities to do business. CBP entry forms do ask for your importer number: this is either your IRS business registration number, or if your business is not registered with the IRS or you do not have a business, your social security number will be sufficient. As an alternative, you may request a CBP assigned number by completing a Customs Form 5106 and presenting it to the Entry Branch at a CBP port of entry. ( CBP Form 5106 )

The U.S. Customs and Border Protection (CBP) Web site contains valuable information for the new or experienced importer.
CBP’s Customer Service Center maintains a data base of questions and answers that can be searched by topic. ( Frequently Asked Questions )

We recommend that importers review the topics on the CBP Trade page. In particular, we suggest viewing the information contained in the section titled Basic Importing and Exporting. ( Basic Importing and Exporting ) There are many topic-specific links to explore. This will lead you to information on CBP import requirements, arrival of goods, formal entry vs. informal entry, classification, protest, mail shipments, restricted merchandise and more. For other agency requirements you may need to meet, and if you become a frequent importer with higher valued shipments, we recommend you read Importing into the United States. ( Importing into the United States (doc - 1,588 KB.) (pdf - 467 KB.) ) This publication contains more in-depth information and is valuable reading for anyone seriously venturing into the importing business.

We also urge you to read the informed compliance material on the CBP Web site. CBP has prepared a number of Informed Compliance Publications (ICPs) in the “What Every Member of the Trade Community Should Know About…” series on a variety issues. ( Informed Compliance Publications ) If your business will cause you to travel in and out of the country, we recommend that you review the traveler information in the Know Before You Go!. ( Know Before You Go )

Prior to importing, you may contact the CBP office at the port of entry where your merchandise will enter the United States
A complete directory of the various ports of entry can be found on the CBP Web site. ( Locate a Port Of Entry - Air, Land, or Sea ) If you are unsure of or haven’t decided the port where your shipment will arrive, or you are looking at importing through multiple ports, you may contact a service port of entry near you. Ask to speak with a CBP import specialist assigned to the commodity you are importing. Import specialists are a valuable resource for commodity specific knowledge and can provide classification advice, commodity specific requirements, advisory duty rates, and respond to questions you may have about filing an entry. At many ports, entry specialists handle questions regarding entry filing. Entry specialists work closely with import specialists and provide the technical processing expertise required to file the necessary paperwork.

When calling the port, the importer should be able to provide as much detail regarding the transaction as possible. In order for the import specialist to best assist you, it is important you be able to exactly describe the merchandise you are planning to import. In order for the import specialist to best assist you, you should provide a full and complete description of the article and answer specific questions such as: 1) the country of origin of the merchandise and manufacturer; 2) the composition of the merchandise; 3) the intended use of the item; and 4) pricing/payment information (in order to properly determine the value of the shipment). For more information on the classification of merchandise, consult the Harmonized Tariff Schedule (HTS) which contains the actual HTS number and tariff classification guidelines that explain how to properly classify merchandise. ( By Chapter, Harmonized Tariff Schedule of the United States )

Importers can request a written ruling from CBP for the proper HTSUS classification and rate of duty for their merchandise.
For information on CBP ruling letters, review What are Ruling Letters. ( What are Ruling Letters ) When requesting a binding ruling, importers should follow the procedures outlined in Part 177 of the Customs Regulations (19 C.F.R. 177). Research the results of previous ruling requests by using the Customs Rulings Online Search System (CROSS). ( CROSS ) CBP may have already issued rulings on products similar to yours that you can use for guidance. CROSS also addresses other issues such as value, country of origin marking, and applicability of trade preference programs. The CROSS database is searchable by key word.

The CBP Website also contains valuable information regarding exporting.
If your future plans call for exporting merchandise from the U.S., you should review the information found in the Export section of our website. ( Export Documents, Licenses and Requirements )

Although CBP enforces many export regulations for various other government agencies, specific questions pertaining to licensing requirements for a particular commodity should be directed to that lead agency. Other agency contact information as well as commodities that may require export licenses, can be obtained by visiting the U.S. Department of Commerce, Bureau of Industry and Security Web sites. ( U.S. Department of Commerce, Bureau of Industry and Security ) Questions regarding export licenses may also be directed to CBP officers at the port where the merchandise will exit the country. ( Locate a Port Of Entry - Air, Land, or Sea ) Another resource is the Department of Commerce’s Trade Information Center which you can call 1-800-USA Trade or visit their website Export.gov. ( Export.gov )

Although certain resident importers and exporters may file entries on their own behalf, many first time importers and exporters consult a licensed customs broker.
Those importing merchandise for their own use often hire a customs broker, particularly if they find the importing procedures complicated; however, they may make entry on their own. Importers wishing to consult the professional services of a Customs broker may do so. Customs brokers are licensed by CBP, but are not CBP employees. To view a list of customs brokers licensed to conduct CBP business in a specific port, select the Port you expect to use. Many service port pages have a list of customs brokers. Please note these lists may not be all inclusive and those brokers appearing on the list are not endorsed by CBP. There is also an Informed Compliance Publication about customs brokers. ( Customs Brokers (pdf - 361 KB.) ) Remember, even when using a broker, you, the importer of record, are ultimately responsible for the correctness of the entry documentation presented to CBP and all applicable duties, taxes and fees.

You should research general quota information and quota requirements for certain commodities prior to importing into the United States.
Import quotas control the amount or volume of various commodities that can be imported into the United States during a specified period of time. United States import quotas may be divided into two main types: absolute and tariff-rate. Absolute quotas usually apply to textiles and strictly limit the quantity of goods that may enter the commerce of the United States during a specific period. Currently there are no commodities subject to absolute quota restrictions. Tariff-rate quotas permit a specified quantity of imported merchandise to be entered at a reduced rate of duty during the quota period. Once a quota has been reached, goods may still be entered, but at a higher rate of duty.

Quota information is available on the CBP Web site. ( Textiles and Quotas ) This section contains links to information on subjects such as determining whether imported goods are subject to quota restraints. ( Are My Goods Subject to Quota? ) A Guide to Import Quotas provides additional quota information. ( A Guide to Import Goods ) Fill levels for agricultural quotas and textiles eligible for trade preference programs are tracked on the Commodity Status Report for Tariff Rate Quotas. ( Commodity Status Report for Tariff Rate Quotas ) General quota information and instructions for specific quotas are available to CBP field offices and the trade as Quota Book Transmittals. ( Quota Book Transmittals (QBTs) )

You may receive a bill if your shipment is examined by CBP.
Under Title 19, section 1467, of the United States Code (19 U.S.C. 1467), CBP has a right to examine any shipment imported into the United States and it is important to know that you, the importer, must bear the cost of such cargo exams. Per the CBP regulations, it is the responsibility of the importer to make the goods available for examination– “The importer shall bear any expense involved in preparing the merchandise for CBP examination and in the closing of packages” (19 C.F.R. 151.6). Household effects are not exempt. No distinction is made between commercial and personal shipments. In the course of normal operations, CBP does not charge for cargo examinations. However, there may still be costs involved for the importer. For example, if your shipment is selected for examination, it will generally be moved to a Centralized Examination Station (CES) for the CBP exam to take place. A CES is a privately operated facility where merchandise is made available to CBP officers for physical examination. The CES facility will unload (devan) your shipment from its shipping container and will reload it after the exam. The CES will bill you for their services. There are also costs associated with moving the cargo to and from the exam site and with storage. Rates will vary across the country and a complete devanning may cost several hundred dollars. The CES facility fulfills the needs of both CBP and the importer by providing an efficient means to conduct exams in a timely manner. CES facilities are discussed in part 118 of the Customs Regulations.

Some information requested from CBP can only be provided through Freedom of Information Act (FOIA) procedures.
When members of the trade community or individuals from the public request information from CBP, there are circumstances when the information being sought can be provided only if the request is pursuant to the provisions of the Freedom of Information Act (FOIA). ( FOIA ) The CBP Web site has a comprehensive explanation of the agency FOIA program, including background and general information about FOIA law, FOIA regulations, and specific instructions making a FOIA request. ( Title 19 - Customs Duties ) A link to the CBP FOIA information appears at the bottom center of the CBP main web page.

We welcome your comments or questions, and if you should have any concerns which you feel have not been resolved in an appropriate manner, contact the Office of Trade Relations at the address below:

Office of Trade Relations
Customs and Border Protection
Department of Homeland Security
1300 Pennsylvania Avenue, NW Room 5.2A
Washington, D.C. 20229

The Department of Agriculture’s Animal and Plant Health Inspection Service is seeking comments by Nov. 2 on the proposed extension of an information collection associated with regulations for the importation of fruit from Thailand. Under these regulations, such fruit may be imported only under certain conditions to prevent the introduction of plant pests into the U.S. These conditions involve the use of information collection activities, including a phytosanitary certificate with an additional declaration statement and box labeling.

Federal eRulemaking Portal: Go to

http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS

-2009-0063 to submit or view comments and to view supporting and related materials

available electronically.

Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket

No. APHIS-2009-0063, Regulatory Analysis and Development, PPD, APHIS, Station

3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your

comment refers to Docket No. APHIS-2009-0063.

(08/28/2009)Import quotas control the amount or volume of various commodities that can be imported into the United States during a specified period of time. Quotas are established by legislation and Presidential proclamations issued pursuant to specific legislation and provided for in the Harmonized Tariff Schedule of the United States (HTSUS).

There are three types of quotas: absolute, tariff-rate, and tariff preference level. Absolute quotas strictly limit the quantity of goods that may enter the commerce of the United States for a specific period. Currently, no goods are subject to absolute quota restrictions. Tariff Rate Quotas (TRQs) permit a specified quantity of imported merchandise to be entered at a reduced rate of duty during the quota period. Once the tariff-rate quota limit is reached, goods may still be entered but at a higher rate of duty. Many Free Trade Agreements (FTAs) and other special trade legislation establish Tariff Preference Levels (TPLs) that Customs and Border Protection (CBP) administers like tariff rate quotas.

For more general information about quota, see the document titled “A Guide to Import Goods”. ( A Guide to Import Goods )

Several key factors determine whether a shipment is subject to quota requirements or eligible for preference benefits:

• HTSUS classification (based on merchandise description)
• Textile category number, used to determine proper quantity in square meter equivalents (SMEs) to apply to a quantitative restraint (see #2 below)
• HTSUS chapter notes and additional U.S. notes to HTS chapters
• Country of origin (where the goods were grown, produced, or manufactured)

Evaluating whether goods are subject to quota:

1. Determine the HTS number (classification) of the goods by:
   1. Contacting an Import Specialist at a CBP port of entry. For a list of service port telephone numbers. ( Locate a Port Of Entry - Air, Land, or Sea )
   2. Requesting a binding ruling from the Office of Regulations and Rulings, National Commodity Specialist Division. ( Requirements for Electronic Ruling Requests )
   3. cQuerying the Customs Rulings Online Search System (CROSS) for binding rulings previously issued for similar merchandise. ( CROSS )
   4. Reviewing the Harmonized Tariff Schedule. ( Official Harmonized Tariff Schedule )
2. Determine the textile category number (if applicable). The category is a three-digit number listed in parentheses next to the HTSUS number. The category number is used for converting from the reporting quantity as noted in the HTSUS to the square meter equivalent, the unit of measure for the restraint limit of the TPL. The category number, not the conversion factor is in the HTSUS. For more information on textile categories and SME conversion factors. ( U.S. Textile and Apparel Category System (2009) )
3. Determine whether the merchandise qualifies for preferential treatment and is subject to a restraint limit under a Free Trade Agreement or other special trade program. ( Free Trade Agreements ) ( Special Trade Programs )
4. If the merchandise qualifies for preferential treatment (see above), refer to the Commodity Status Report for Tariff Rate Quotas. This weekly report provides information on imported merchandise subject to Tariff Rate Quotas. The four most recent reports are available on this web page. In addition to textiles, the Commodity Status Report also contains information about food/agricultural and non-textile products, whose quotas are specified in notes to HTS chapters. This report assists in tracking rates of fill for the various import restraint limits ( Commodity Status Report for Tariff Rate Quotas )
5. Any additional relevant information for a particular quota is posted on the CBP website in the form of Quota Book Transmittals (QBTs) and Textile Book Transmittals (TBTs). These links also contain general information related to the processing of quota-class goods. ( Quota Book Transmittals (QBTs) ) ( Textile Book Transmittals (TBTs) )

For more information on quotas see the various topics on the textiles and quota site. ( Textiles and Quotas ) If further clarification is still required, contact the CBP Headquarters Quota Branch at (202) 863-6560.

(08/21/2009)Items from Certain Countries
Under what is known as its “301” authority, the United States may impose a much higher than normal duty rate on products from certain countries. Currently, the United States has imposed a 100 percent rate of duty on certain products of Austria, Belgium, Denmark, Finland, France, The Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the Ukraine. If you should bring more of any of these products back with you than fall within your exemption or flat rate of duty, you will pay as much in duty as you paid for the product or products.

While most of the products listed are not the type of goods that travelers would purchase in sufficient quantities to exceed their exemption, diamonds from the Ukraine are subject to the 100 percent duty and might easily exceed the exemption amount.

For information on countries that may become subject to a higher than normal duty rate, check the Department of Commerce Web site.