Press release

The long anticipated proposal on the Advance Trade Data Initiative otherwise known as '10+2' was published last week in the US. The proposal would require both importers and carriers to submit additional information on cargo to Customs and Border Protection (CBP) before the cargo is brought into the United States.

Under the proposed program US importers will have to file 10 data sets with CBP at least 24 hours prior to foreign lading of the cargo onto a vessel bound for the United States. Carriers will have to file an additional two data sets.

For importers, the proposal sets forth 10 elements that are required for shipments consisting of goods intended to be entered into the U.S. These 10 data elements must be transmitted by the importer or a designated agent and would include: manufacturer name and address; seller name and address; container stuffing location; consolidator name and address; buyer name and address; ship to name and address; importer of record number; consignee number; country of origin of the goods; and, commodity harmonized tariff schedule (6 digit US).

Nicolette van der Jagt, Secretary General of the ESC commented: “ESC considers that the proposal is another bureaucratic burden for European companies trading with the US.”

ESC will ask the European Commission to call on the US to not to apply this rules to the EU but instead to apply the mutual recognition concept in relation to new programmes such as the Authorised Economic Operator programme which will become operational as of 1 July 2009 (the part of submitting advanced cargo information).

Ms van der Jagt added: “We welcome the fact that the European Commission has already expressed concern that the “10+2” rule does not respect the SAFE Framework established by the World Customs Organisation since is goes far beyond what is recommended by the WCO.”

“Apart from this we are not sure whether European exporters are willing to exchange commercially very sensitive information with their trading partners.”

According to the US Customs and Border Protection (CBP) the purpose of the new rule is to better evaluate the potential risk of smuggling weapons of mass destruction through the use of oceangoing cargo containers before goods are loaded on vessels destined to the U.S.

ESC will be evaluating the NPRM in detail for developing formal comments to the US CBP before the due date which is the 3 March 2008.

For further information contact: Nicolette van der Jagt, Secretary General of the ESC - Brussels 00 322 230 2113