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FAQs on Trade Regulations

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Customs 10+2
What are the required 10+2 elements?
What are the three stages of ISF compliance?
Why is 10+2 important to my company?
In what ways can an automated solution for import compliance help with 10+2?
Which option do you have for ISF filing?
What kind of issues have you been seeing with your current customers that are already filing?
Lacey Act
What is the Lacey Act?
What products are affected?
What are the declaration requirements and when will it be effective?
How does this impact your company's imports?
How will Amber Road's Trade Content and Trade Automation solutions help Importers?
Additional Resources

1. What are the required 10+2 elements?

4 elements must be submitted accurately 24 hours PRIOR to container lading onto US-bound vessel
  - Seller, Buyer, IOR, Consignee #
4 elements should be as accurately submitted 24 hours PRIOR to container lading. Accurate information must be submitted as soon as it's available but no later than 24 hours PRIOR to arrival
  - Manufacturer/Supplier, Ship to party, Country of Origin and HTSUS (@ 6 - 10 digits level)
2 elements could be submitted no later than 24 hours PRIOR to arrival
  - Consolidator/Stuffer, Container Stuffing Locations
2 sets of data elements to be submitted by the Carriers
  - Vessel Stow Plans and Container Status Messages

Learn more about the required elements in our Vital Facts about the ISF white paper.

Leverage 10+2 Elements to Reduce Data Errors and find out how importers are using ISF as a strategic initiative in our video interview, "Strategic Opportunities that 10+2 Presents."


2. What are the three stages of ISF compliance?

Thorough preparation and timely filing by the ISF Importer or via its designated agent
CBP's acceptance or rejection of the ISF filing
Our Vital Facts about the ISF white paper provides additional information


3. Why is 10+2 important to my company?

The ISF Importer is ultimately responsible for the complete, accurate and timely filing - regardless of who does the actual filing for you
Non-compliance will likely result in supply chain disruptions
  - No unloading at port of entry, additional inspections, delayed delivery to final customers
While there will be no penalties issued during the Flexible Enforcement Period (between now and January 25, 2010), CBP will take the following considerations when enforcing the rule:
  - Is the importer making satisfactory progress toward compliance?
  - Is the importer making a good faith effort to comply with the rule to the extent of their current ability?
  - The "report card" for ISF submission accuracy and timeliness CBP is working on will likely provide the data backdrop to substantiate CBP's assessment of an importer's efforts toward compliance
"10+2" may be a US Import requirement today but similar initiatives are now underway or in considerations in several region/countries (EU, China, Canada and Mexico)
  - CBP is already in consultation with WCO (World Customs Organization) to incorporate at least parts of the ISF into the SAFE Framework
  - What long term information infrastructure would you need to support a true global trade platform?
Starting January 26, 2010, CBP will enforce a $5,000 penalty for non-compliance - which could include non-timely or inaccurate filings. A recent study published by American Shipper/BPE indicated only 37% of the respondents have a high degree of confidence that their ISF filings are timely, complete and accurate. And it was estimated that 17% of US-bound shipments may not meet the compliance deadline. For an importer with 1,000 shipments a year, a 17% failure will translate into a $850,000 penalty.
Elements of 10 + 2 filings are the same for other import documentation and can be leveraged to reduce data inaccuracies. To turn ISF Requirements into Opportunities, watch our video interview, Strategic Opportunities that 10+2 Presents.


4. In what ways can an automated solution for import compliance help with 10+2?

Leveraging the ASN / Pre-Customs Entry for both ISF and the Entry
Validating ISF data with alerts and workflow
Posting initial-ISF alerts and workflow for CBPs accept/reject and other disposition messages
Integrating with one standard message set to any ISF or Entry service provider
Filing the ISF directly from Trade Import
Generating reports for both the ISF and CSF (Carrier Security Filing)
Learn how trade automation can benefit your bottom line - check out ourROI of Automating Trade Compliance white paper


5. Which option do you have for ISF filing?

With Amber Road'sGlobal Trade Management solution, the premise is to establish a compliant product file that could be leveraged with your shipment transaction - resulting in what we called a Pre-Customs Entry (PCE). This PCE serves as your foundation for both the ISF and the entry preparation. Knowing that not all trade lanes are equal, our solution allows you to submit the ISFs via your service partners (consolidator, broker, etc.) or via Amber Road's direct filing with CBP.
Download ourImport Management brochure to see how our solution helps your company ensure compliance and avoid penalties


6. What kind of issues have you been seeing with your current customers that are already filing?

Most customers are still in a pilot mode with an interim solution today - likely leveraging their service provider and manual data entry. Current implementations are underway with clients to automate the PCE process for electronic filing as part of the overall import management process.
Not surprisingly, a key issue that appears is the data readiness of your supply chain partners - can they provide you the data elements for a timely filing and subsequently, an accurate filing based on the interim final rule's new flexibility?
For most of our customers who have implemented the PCE process, they are already prepared with a high percentage of the data requirements today!
Given the flexibility of filing the consolidator and stuffing locations 24 hours prior to arrival - instead of 24 hours prior to container lading - alleviates significant timely filing concerns for our customers - as these are information that could be garnered and submitted to CBP after the ship sails.
The need to comply with regulations such as 10+2 can drive investment in GTM technologies and generate a number of additional benefit areas by viewing this as a strategic initiative. Elements of 10+2 filings are the same for other import documentation. Leverage the former and reduce data inaccuracies, in our video interview on the strategic opportunities that Customs 10+2 presents for importers.