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NCBFAA WEBINAR

NCBFAA WEBINAR. 10 +2 ADVANCE TRADE DATA ELEMENTS. March 1, 2007 Moderated by Mary Jo Muoio and Alan R. Klestadt. The Road to 10 + 2. Container Security Initiative Advance Trade Data Initiative - ATDI (24-Hour Rule) C-TPAT ATS cargo risk assessments. Trade Act of 2002 – Section 343.

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NCBFAA WEBINAR

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  1. NCBFAA WEBINAR 10 +2 ADVANCE TRADE DATA ELEMENTS March 1, 2007 Moderated by Mary Jo Muoio and Alan R. Klestadt

  2. The Road to 10 + 2 • Container Security Initiative • Advance Trade Data Initiative - ATDI (24-Hour Rule) • C-TPAT • ATS cargo risk assessments

  3. Trade Act of 2002 – Section 343 The 24-hour rule “Information collected shall be used exclusively for ensuring aviation, maritime, and surface transportation safety and security, and shall not be used for determining entry or for any other commercial enforcement purposes.”

  4. The Safe Port Act of 2006 Section 203 “The Secretary … shall require electronic transmission of additional data security elements for improved high-risk targeting, including appropriate security elements of entry data … to be provided as advanced information with respect to cargo destined for importation into the United States prior to loading of such cargo on vessels at foreign seaports.”

  5. Manufacturer name & address Seller name & address Buyer name & address Importer of record number Country of origin of goods HTS number (6 digit) Container stuffing location Consolidator name & address Ship to name & address Consignee number Vessel Stow Plan Container Status Messages CBP Proposed Advance Trade Data Elements

  6. CBP “STRAW MAN” Proposal • Applies to maritime cargo only • Importer (or designated agent) is responsible for timely, accurate, complete filings, because the importer is the party most likely to have direct knowledge of the information to be filed • Filings of data elements 1-10 to be accomplished through ABI and/or AMS, by ABI filers and/or AMS participants • Country of origin, tariff classification (6 digit), and manufacturer data must be linked at lowest level on bill of lading. • No approval or notice of filings to be given to importer.

  7. NCBFAA Recommendations • Authorize only importers and customs brokers to file the 10 advance trade data elements • Not all importers have direct knowledge of or access to the required data elements • Not all importers have contact or contract with manufacturer • Only importers and brokers understand the applicable legal definitions • The filings are “customs business” reserved for importers and licensed brokers by law because they determine admissibility and the security data elements coincide with entry data elements

  8. NCBFAA Recommendations • NCBFAA agrees that CBP should use existing technology modules for the security filings • Provide for single security and entry filings in advance of loading • At the very least, CBP should restrict filing authority to agents who are regulated, bonded, and subject to U.S. jurisdiction • Limit security filings to a single transmission to reduce risk of error • Provide authorized members of the supply chain access to the security filings in order to ensure accuracy and completeness

  9. NCBFAA Recommendations • Define the 10 data elements in terms of entry filing requirements • Do not create new definitions or fail to define the terms used • Do not accept filings based on “information available,” with very limited and well defined exceptions • Link the data elements together at the lowest level house bill of lading, or limit tariff classification filing requirement to 4 digit level

  10. NCBFAA Recommendations • Phase implementation of the new security filing requirements • Provide time for development of new filing processes and information flows • Issue a new informal (“straw man”) proposal before issuing a notice of proposed rulemaking (NPRM) • NCBFAA supports CBP’s goal fully and will assist in development of an effective plan

  11. TRADE RECOMMENDATIONS INCONSISTENT WITH NCBFAA • Expand potential filers to include non-US based freight forwarders and other agents of the importer • Do not define all security filing terms same as for entry filing (e.g., country of origin) • Allow filing through formats and interfaces in addition to ABI and AMS • Do not require linking of origin/manufacturer/classification data in the filing • On shipments with multiple bills of lading, do not require more than one filing per importer shipment • Enable filings at house bill level without reference to master bill

  12. ADDITIONAL TRADE RECOMMENDATIONS • Require identification of the seller when the identification of the manufacturer is not known or where articles of different manufacture are commingled • Accept manufacturer ID, as defined in CBP directives, in lieu of name and address of manufacturer/supplier/shipper • Give importers/brokers the option to file the 10 data elements when container is sealed rather than when container is loaded on vessel • Exempt from filing requirements any cargo not to be unladen at U.S. port • Add bill of lading number as data element number 11 • Establish an account-based filing system or account profiles, similar to BRASS, for repetitive and low-risk shipments • Accept “not known” in lieu of required data under certain conditions – e.g., consignee number may not be known in advance for goods sold in transit, carnets, DDP shipments, consignments, returns, samples, etc. • Conduct a cost/benefit study of the data element requirements before implementation

  13. Time Line for Further Action March 10-15 – CBP begins ATDI testing of data elements (volunteer importers/brokers/carriers) March 15 – NCBFAA officials meet again with CBP officials April – CBP expects to issue NPRM 368147.1

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