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"10+2 and the Future of Customs Compliance PLUS What to Expect from the World Customs Organization" Seminar-Webinar


►CBP Security Filing (10+2) Q&A
Bulletin: Shortly after the October 18th event the Security Filing on Advance Trade Data Elements ( 10+2 rule ) was sent to OMB, White House Office of Management and Budget for review. This change limits the comments that CBP can make on the proposed rule. We have answered the questions below with our best interpretation of what John Jurgutis said during the seminar-webinar. Questions that could not be answered are not posted below. However, the intricate details of the requirements will be communicated to the trade community during the NPRM (Notice of Proposed Rulemaking) process scheduled for 1st Quarter of 2008.

  • What if the ship & ultimate customer is same as importer but we will have several domestic sales for delivery?
    The information being requested by CBP is the location where the seals are broken and the container is stripped.
  • You mentioned that rules were developled in consultation with the foreign countries. Will other countries be adopting these rules at the same time as the US?
    There is considerable debate on this subject at the WCO and within Customs Administrations. As of yet, however, there are no other countries scheduled to roll out a similar program at the same time.
  • In light of the fact that so many details of 10 + 2 have not been ironed out (e.g. security filing = customs filing), is it reasonable and realistic to move to NPR stage?
    CBP believes it is reasonable and realistic.
  • Will CBP be available on the internet for entry filing?
    Yes through the ABI portal that can be accessed through a customs broker or through software provided to direct-filers by outside companies.
  • We have only LCL freight, how will this be handled?
    The reporting requirements will be the same as with FCL.
  • What we need to do after we get no load message from CBP?
    CBP will provide additional instructions to the carrier as to the disposition of the container.
  • How quickly do you think these initiatives will translate into the trucking segment?
    CBP does not yet have an estimate on timing for other transportation segments.
  • What determines high risk commodities, for example would Ceramic Tile be considered high risk?
    There are many risk factors that are used to determine targeting of shipments for examination including historical issues, importer compliance record, security concerns, OGA requirements, etc...
  • On occasion we have imported material on spec - it is not sold and may sit in a warehouse for some period of time. Will a warehouse be satisfactory as the ultimate consignee?
    As long as that is the location where the seal is broken and the contents are examined.
  • When will the instructions be given to the software vendors so that they can program their products for their customer to meet 10 + 2?
    The ABI portal has been designated as the pipeline for 10+2 data to CBP. As soon as the program details have been agreed upon, software providers will be notified.

  • Please explain " Security Filing Strawman Proposal."
    The Straw Man Proposal was used to solicit initial input from the trade community regarding the intricacies of rolling out the 10+2 program.
  • Has it been considered that CBP will be asking for data from importers, prior to loading and in many cases for merchandise the importer does not own yet and has no access to?
    Yes. As a general rule this information will need to be provided either by the importer or their designate.
  • You note that an importer can nominate a "single filer" for their security filings, but is this limited to one filer per importer or one filer per shipment? For example, if an importer uses more than one forwarder, can they split things up based on who is moving the freight?
    Yes, it will be based upon ‘filer per shipment’.
  • Will this affect air imports?
    At this point the program will only affect ocean imports.

    ►WCO Q&A
  • Our customer’s importers and exporters have a multitude of security regulations, codes and standards to comply with. Will organizations that are ISO 28000 certified also have to comply with the AEO requirements or will it be voluntary, and how will it affect their SAFE framework benefits?
    At this point AEO is voluntary in the E.U. While ISO certification may act as a foundation for compliance with programs such as AEO, they will most likely not ever be considered as a replacement for them.
  • Does China have the AEO (Authorized Economic Operator) program?
    No, but they are considering implementing a similar supply chain security program.

►Direct-Filing Q&A

  • Is this service available to companies who import using UPS?
    Yes it is. However, if you are using UPS Parcel Service then more than likely they are acting as the Importer of Record. The best way for us to answer this question is to have someone from our team discuss the details of your import business and design the best solution for your particular needs.
  • Question on cost saving, for example we paid a broker $100 per entry, and $30 per entry to utilize TRG portal, do we are still need additional staff to key in entries? How many additional staff will we need to direct-file 2000 entries per year?
    We have often found that the resources your team uses to manage the broker today is equivalent to the resources required to implement direct-filing. In most cases, entries can be filed in five to ten minutes. In your case, you would save $158,800 a year if you used the $20 entry option. If you decide a dedicated resource is necessary, the savings and compliance benefits far outweigh the need for additional staff. We have considerable expertise in implementing direct-filing at small to medium sized companies to minimize the expense of additional personnel and are available to discuss options with you.
  • Is TRG Direct able to integrate EDI information for entry information?
    We are able to integrate many parts of the EDI in to your entry. We are available to discuss specifics and options with you.
  • Will there be fines and penalties for wrong information filing?
    Although the TRG Direct system has numerous built-in "double-checks," there is always potential for fines and penalties for incorrect information on your entry. This is no different than if your broker makes a mistake. We have found that importers are less likely to make these mistakes because you are more familiar with your product lines and import operations.
  • We import and export. Is this system available for both?
    The TRG Direct system is currently only available for import entries. We are constantly looking for ways to increase the capability of our system, however, and are considering expanding to export entries in the future.
  • Are there additional charges for multiple tariff numbers?
    There are no additional charges for multiple tariffs numbers. The only charge is for the submission of the entry to CBP.
  • Can you self-file for any port no matter where your business is located?
    For most entries the answer is yes. Through Remote Location Filing (RLF) you will simply need to activate each port you intend to use.
  • The importer identification number is the EIN or IRS number, correct?
    Yes.
  • Is "ship to" defined as where the container is delivered and seal is broken or where the individual customers are located that may ultimately make up that container?
    The ‘ship to’ is defined as the location where the container is delivered and unloaded.
  • Who is authorized to sign entries when there are entry docs required?
    Any person designated by the company (an employee or anyone designated by a Power of Attorney or POA) may sign entry docs for the company.
  • Do you have to have a licensed customs broker on staff?
    No. As an importer you have the privilege of filing entry without a broker or obtaining a broker’s license.
  • Where can we get more information on self-filing?
    We can contact you , you can call us at (847) 852-3170 or you can access our website.
  • Can a representative of a company that has a customs bond do there own filing or does the individual have to have their own bond?
    As long as the representative is an employee of the company that is direct-filing then he/she files the entries using the company's bond. There is no need for a bond for the individual in this instance.
  • Do you have a process for uploading ASN data into your system for the generation of an entry?
    We are able to integrate many parts of the ASN in to your entry. We are available to discuss options with you.
  • In the case of thousands of part numbers, it does not make sense to type in the part number individually.
    We agree. You can easily upload your parts data in to the TRG Direct system without inputting each one manually.
  • Can you classify items if you do not have a licensed broker on staff, that is if you direct-file?
    Yes. You can utilize the services of a customs broker for the classification or request a binding ruling from CBP. TRG Direct via its licensed brokers at TBI Brokers, Inc. can provide guidance when there is a question of classification.
  • How will the data elements be transmitted to CBP?
    The data elements will be transmitted through the current ABI (Automat4ed Broker Interface) Pipeline utilized by TRG Direct and all customs brokers.
  • Can we send documents to local custom authority via courier? Or is it mandatory to use local messenger to hand deliver the docs?
    Can Direct Filiing be done on any Port in the U.S.?
    Direct filing can be done in any port in the U.S. A messenger or hand delivery of the documents to Customs is required (no air couriers), but only on special entry types, such as Quota, Anti-dumping, Foreign Trade Zone and warehouse withdrawls. For “normal” entries, the electronic invoice is transmitted to Customs though our system, and no paper documents are required to be sent to Customs. In somes cases, we can assist you to establish reliable messenger services to deliver documents for special entry types.
  • The largest percentage of our imports are our own products being returned for repair. Would we be considered the manufacturer and the seller?
    Yes, in this case you are the manufacturer and the seller, however the shipper would be the company exporting it back to the U.S. For entry purposes, your manufacturer ID (MID) can be either yours or it could also be the MID of the shipper.
  • How is the payment of duty handled?
    The duty is due to Customs no later than 10 days after the entry has been released. The TRG Direct system will automatically schedule the statement date or duty payment due date with Customs when it is first transmitted to Customs, based on the entry release date. On the day the entry is due, Customs will send the importer's account the duty statement though the TRG Direct system. The importer then reviews the statement and transmits a “payment approval” back to Customs. Customs will then transmit the pre-approved amount from the importer's bank account the next day using ACH, Automated Clearing House.
  • Regarding freight coming from different suppliers combined in a container to one consignee: What are the issues related to customs clearance? An entry with items from different suppliers will most likely contain more than one commercial invoice. The entry is done as usual, but each invoice and its coordinating line item / tariff numbers are entered with the specific details (invoice number, value for the invoice, manufacturer, country of origin, etc…). The total of all the invoices are added up and declared as the total entry value.
  • What is the time frame to clear customs?
    It takes only a few minutes to receive clearance information back from customs regarding the release of your entry. If it is paperless, the entry is cleared. If not, and they want to see the electronic invoice, then it takes Customs generally anywhere from 3 to 24 hours to review the invoice and release the shipment. You can transmit the entry to Customs as soon as you have all the entry details although you may not hear from Customs until it is five days before the arrival of the shipment. Once it is five days before arrival of the shipment in the port of entry, you will receive the electronic response back from Customs.
  • Does customs need the original B/L in order to clear freight?
    Customs does not require an original B/L – a copy in the importer’s file is all that is necessary. However, if an original B/L was issued, the carrier will require it to be signed and submitted prior to releasing the container.

    ►October 18th Seminar-Webinar Materials

  • E-mail us to request a CD-ROM copy of the audio presentation - The fee for this service is $20.00.
    (We have extra copies of the June 7th Audio CD on 10+2 which we can send you upon request at no cost to Trade Bridge members.)
  • Seminar Program
  • Slide Presentation (This is a large file so be prepared to wait if you download it.)
  • Slide Presentation Handout Version (6 slides per page)
  • Direct-Filing Automated Demonstration of Web-based ABI System

►References

►CBP's Security Filing - 10+2

►World Customs Organization
►Direct-Filing of Customs Entries - TRG Direct
►SME Blog

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