DHS Confirms 10+2 Rule to Take Effect as Planned

It is now official. The Department of Homeland Security issued an announcement late today confirming that it will not extend the Importer Security Filing and Additional Carrier Requirements regulation (commonly known as 10+2) that was published in the Federal Register (pdf) on November 25, 2008 and was scheduled to take effect today.

The full text of the announcement is as follows:

DHS Will Not Postpone Requirements for Maritime Cargo Carriers and Importers

(Monday, January 26, 2009)

Washington – The U.S. Department of Homeland Security confirmed today that it will not extend the effective date for new information requirements on maritime cargo destined for the United States.

The Importer Security Filing and Additional Carrier Requirements interim final rule, scheduled to go into effect today, January 26, now requires maritime cargo carriers and importers to submit additional data to U.S. Customs and Border Protection before vessels are permitted entry into the country.

The determination not to postpone the January 26 effective date was made after consideration of the factors set forth in the memorandum from the director of the Office of Management and Budget, “Implementation of Memorandum Concerning Regulatory Review,” dated January 21.

The decision was based in large part on the fact that the rulemaking process was procedurally adequate; that a 75-day public comment period was already provided to respond to the Notice of Proposed Rulemaking; and, that this Interim Final Rule is now subject to an additional six-month public comment period. The January 26 effective date will also allow CBP to work with industry on testing and improving the systems of this important security initiative during the structured review and delayed enforcement period which ends a year later on January 26, 2010.

This additional information will be critical to enhancing the department’s ability to identify and stop dangerous goods from entering our nation, and CBP will continue to welcome input from the regulated industry.

For additional information, please visit the CBP Trade Web site. ( Trade ) Questions may be sent to Security_Filing_General@cbp.dhs.gov.

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Note to Importers: To assist the trade community in understanding the expectations of CBP concerning the Importer Security Filing and Additional Carrier Requirements rule, CBP just issued a very helpful Word document providing responses to the most frequently asked questions regarding 10+2.