Importer Security Filing and Additional Carrier Requirements; Correction, 33920-33922 [E9-16539]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Bureau of Customs and Border Protection

[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Rules and Regulations]
[Pages 33920-33922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16539]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 149

[Docket Number USCBP-2007-0077]
RIN 1651-AA70


Importer Security Filing and Additional Carrier Requirements; 
Correction

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Correcting amendments.

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SUMMARY: This document contains correcting amendments to the interim 
final rule entitled ``Importer Security Filing and Additional Carrier 
Requirements'' published in the Federal Register on November 25, 2008. 
The interim final rule's regulatory text was inadvertently silent 
regarding the time frame for transmitting an Importer Security Filing 
for shipments intended to be transported in-bond for immediate 
exportation or for transportation and exportation. This document also 
corrects two CBP Responses to two comments in the preamble text to 
align them with the regulatory text. One correction involves when a 
carrier's obligation to transmit container status messages ends and the 
other concerns when an Importer Security Filing must be updated.

DATES: This correction is effective on July 14, 2009. The compliance 
dates for the regulations are set forth in 19 CFR 4.7c(d), 4.7d(f), and 
149.2(g).

FOR FURTHER INFORMATION CONTACT: Richard Di Nucci, Office of Field 
Operations, (202) 344-2513.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 25, 2008, Customs and Border Protection (CBP) published 
an interim final rule entitled ``Importer Security Filing and 
Additional Carrier Requirements'' in the Federal Register (73 FR 
71730). Pursuant to that interim final rule, an Importer Security 
Filing (ISF) must be submitted for cargo arriving within the limits of 
a port in the United States by vessel prior to arrival of the cargo. 
Generally, with certain exceptions, the Importer Security Filing must 
be filed no later than 24 hours before the cargo to which the 
information relates is laden aboard a vessel at a foreign port.
    The interim rule added a new Sec.  149.3 to title 19 of the Code of 
Federal Regulations (CFR) specifying the required ISF data elements. 
Paragraph (a) specifies the ten required data elements for shipments 
intended to be entered into the United States and shipments intended to 
be delivered to a foreign trade zone: (1) Seller; (2) buyer; (3) 
Importer of record number/Foreign trade zone application identification 
number; (4) Consignee numbers(s); (5) Manufacturer (or supplier); (6) 
Ship to party; (7) Country of origin; (8) Commodity HTSUS number; (9) 
Container stuffing location; and (10) Consolidator (stuffer). Paragraph 
(b) specifies the five required data elements for shipments consisting 
entirely of foreign cargo remaining on board (FROB) and shipments 
intended to be transported in-bond as an immediate exportation (IE) or 
transportation and exportation (T&E): (1) Booking party; (2) Foreign 
port of unlading; (3) Place of delivery; (4) Ship to party; and (5) 
Commodity HTSUS number.
    The interim final rule also added a new Sec.  149.2, which requires 
the Importer Security Filing and specifies the timing for such filing 
by data element. Paragraphs (b)(1), (2) and (3) specify the timing 
requirements for the ten ISF data elements required under Sec.  
149.3(a) for shipments intended to be entered into the United States 
and for shipments intended to be delivered to a foreign trade zone. 
Except for two of the data elements for which flexibility regarding 
timing is provided (container stuffing location and consolidator) these 
data elements are required no later than 24 hours before the cargo is 
laden aboard the vessel at the foreign port.\1\
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    \1\ As provided in Sec.  149.2(b)(3), the ISF Importer must 
submit the container stuffing location and consolidator as early as 
possible and in any event no later than 24 hours prior to arrival in 
a U.S. port (or upon lading at the foreign port if that is later 
than 24 hours prior to arrival in a U.S. port). This flexibility 
regarding timing is explained on page 71734 of the interim final 
rule.
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Correction to Regulatory Text

    Paragraph (b) of Sec.  149.2 provides the timing requirements for 
submitting the

[[Page 33921]]

Importer Security Filing. Paragraph (b)(4) specifies the timing 
requirements for the five ISF data elements required under Sec.  
149.3(b) for foreign cargo remaining on board (FROB). This data must be 
provided prior to lading aboard the vessel at the foreign port. 
Paragraph (b) is silent as to when an ISF must be transmitted for the 
five ISF data elements required under Sec.  149.3(b) for shipments 
intended to be transported in-bond for immediate exportation (IE) or 
for transportation and exportation (T&E). As explained below, this 
omission in the regulatory text was inadvertent. CBP's intention that 
these data elements would be required no later than 24 hours before the 
cargo is laden aboard the vessel at the foreign port was set forth in 
the ISF notice of proposed rulemaking (NPRM), which was published in 
the Federal Register (73 FR 90) on January 2, 2008, and is consistent 
with what CBP set forth in the SUPPLEMENTARY INFORMATION section of the 
interim rule.
    In the proposed regulatory text contained in the NPRM published in 
the Federal Register on January 2, 2008, section 149.2(b) clearly 
states that ``with the exception of any break bulk cargo pursuant to 
section 149.4(b) of this part and foreign cargo remaining on board 
(FROB), CBP must receive the Importer Security filing no later than 24 
hours before the cargo is laden aboard the vessel at the foreign port. 
For FROB, CBP must receive the Importer Security Filing prior to lading 
aboard the vessel at the foreign port.'' This clearly includes IE and 
T&E shipments. In the interim final rule, in an effort to accommodate 
concerns of the trade regarding the time of transmission for certain 
data elements, namely, container stuffing location and consolidator 
(stuffer) name and address, Sec.  149.2(b) was changed to distinguish 
between the data elements that must be filed 24 hours prior to lading 
and the two data elements that can be filed as early as possible, but 
not later than 24 hours prior to arrival in a United States port, i.e., 
container stuffing location and consolidator. When this change was made 
in the interim final rule, during the redrafting process, the timing 
requirement for filing the Importer Security Filing for IE and T&E 
shipments, i.e., 24 hours before the cargo is laden aboard the vessel 
at the foreign port, was inadvertently omitted from the regulatory 
text.
    The SUPPLEMENTARY INFORMATION section of the interim final rule is 
consistent with CBP's intention regarding the timing requirements for 
filing the ISF for IE and T&E shipments. The timing requirements for 
ISFs are described in the SUPPLEMENTARY INFORMATION section of the 
interim rule on page 71733: ``This interim final rule requires Importer 
Security Filing (ISF) Importers, as defined in these regulations, or 
their agents, to transmit an Importer Security Filing to CBP, for cargo 
other than foreign cargo remaining on board (FROB), no later than 24 
hours before cargo is laden aboard a vessel destined to the United 
States. See the `Structured Review and Flexible Enforcement Period' 
section of this document for flexibilities related to timing for 
certain Importer Security Filing elements. Because FROB is frequently 
laden based on a last-minute decision by the carrier, the Importer 
Security Filing for FROB is required any time prior to lading.''
    Although there is no specific discussion in the SUPPLEMENTARY 
INFORMATION section or elsewhere in the interim final rule about the 
timing requirements for transmitting ISF data elements for IE and T&E 
shipments, the above statement makes it clear that CBP intended that 
all ISF data elements would be required no later than 24 hours before 
cargo is laden aboard a vessel destined to the United States except for 
the data elements covered by the flexibilities for timing (container 
stuffing location and consolidator) \2\ and for FROB.\3\
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    \2\ Neither of these two data elements pertain to IE and T&E 
shipments. (Container stuffing location and consolidator are not 
required data elements for shipments of goods intended to be 
transported in-bond as an IE or T&E).
    \3\ Unlike FROB, IE and T&E shipments are not frequently laden 
based on a last-minute decision by the carrier so it is not 
necessary to exclude IE and T&E shipments from the 24 hours prior to 
lading requirement.
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    Accordingly, this document corrects the inadvertent omission in the 
regulatory text by adding a new paragraph (b)(5) to Sec.  149.2 to 
clarify, consistent with the NPRM and the preamble language of the IFR, 
that Importer Security Filings for shipments intended to be transported 
in-bond as IEs and T&Es must be transmitted no later than 24 hours 
before the cargo is laden aboard a vessel destined to the United 
States.

Other Corrections

    This document also corrects CBP Responses to two comments to align 
the responses to the regulatory text. On page 71741, in response to a 
comment about the carrier's responsibilities regarding the transmission 
of container status messages (CSMs), CBP stated in pertinent part that 
``the carrier's obligation to transmit CSMs ends upon discharge of the 
cargo in the United States * * *.'' This statement is incorrect. 
Paragraph (b) of the new Sec.  4.7d lists the events that must be 
reported if the carrier creates or collects a CSM in its equipment 
tracking system. Each of the listed events applies when a container is 
destined to arrive within the limits of a port in the United States. 
Therefore, CSMs are only required for events that occur prior to first 
arrival of the goods at a United States port. Accordingly, this 
document modifies the response in the preamble text to clarify, 
consistent with the regulatory text, that CSMs are required for events 
that occur prior to first arrival of goods at a United States port.
    On page 71753, in response to a comment about the obligation to 
amend the ISF, CBP stated that ``for goods which will be unladen in the 
United States, the Importer Security Filing must be updated if there is 
a change before the goods enter the port of discharge''. This statement 
is inconsistent with the new Sec.  149.2 which provides in pertinent 
part that: ``the party who submitted the Importer Security Filing * * * 
must update the filing if, after the filing and before the goods enter 
the limits of a port in the United States, any of the information 
submitted changes or more accurate information becomes available.'' 
Accordingly, this document modifies the response to clarify, consistent 
with the regulatory text, that the Importer Security Filing must be 
updated if there is a change before the goods enter the limits of the 
first port of arrival in the United States and to clarify that 
amendments to the ISF will be accepted at any time after the goods 
arrive in a port of the United States.

II. Corrections

    In FR Doc. E8-27048 appearing on page 71730 in the Federal Register 
on Tuesday, November 25, 2008, the following corrections are made:

D. Public Comments: Container Status Messages [Corrected]

    1. On page 71741, the first CBP Response in the second column, 
correct the CBP Response to read as follows:

    ``Vessel operating carriers are required to submit CSMs. If a 
carrier currently does not create or collect CSMs in an equipment 
tracking system, the carrier is not required to submit CSMs to CBP. 
If a carrier does create or collect CSMs, the carrier is obligated 
to transmit CSMs for events that occur prior to the first arrival of 
the cargo at a port in the United States. However, a carrier may 
transmit other CSMs in addition to those required by these 
regulations. By transmitting additional CSMs, the carrier authorizes 
CBP to access and use those data. In order to minimize the cost to 
carriers whose volume of business does not justify the creation of 
CSMs, CBP is declining to impose an

[[Page 33922]]

obligation upon carriers to create or collect any CSM data pursuant 
to this rule.''

H. Public Comments: Update and Withdrawal of Importer Security Filing 
[Corrected]

    2. On page 71753, the third CBP Response in the first column, 
correct the CBP Response to read as follows:
    ``The Importer Security Filing must be amended if there is a change 
before the goods enter the limits of a port in the United States. 
``Port'' refers to the first port of arrival in the United States. 
However, amendments to the Importer Security Filing will be accepted at 
any time after the goods arrive in a port in the United States.''

List of Subjects in 19 CFR Part 149

    Arrival, Declarations, Customs duties and inspection, Freight, 
Importers, Imports, Merchandise, Reporting and recordkeeping 
requirements, Shipping, Vessels.


0
In addition, the Bureau of Customs and Border Protection makes the 
following correcting amendment to 19 CFR part 149:

PART 149--IMPORTER SECURITY FILING

0
1. The authority citation for part 149 continues to read as follows:

    Authority: 5 U.S.C. 301; 6 U.S.C. 943; 19 U.S.C. 66, 1624, 2071 
note.


0
2. In Sec.  149.2, a new paragraph (b)(5) is added to read as follows:


Sec.  149.2  Importer security filing--requirement, time of 
transmission, verification of information, update, withdrawal, 
compliance date.

* * * * *
    (b) * * *
    (5) The data elements required under Sec.  149.3(b) of this part 
for shipments intended to be transported in-bond as an immediate 
exportation (IE) or transportation and exportation (T&E), no later than 
24 hours before cargo is laden aboard the vessel at the foreign port.
* * * * *

    Dated: July 8, 2009.
Jayson P. Ahern,
Acting Commissioner.
 [FR Doc. E9-16539 Filed 7-13-09; 8:45 am]
BILLING CODE 9111-14-P