Supporting Regulations

§ 149.2

19 CFR Ch. I (4–1–11 Edition)

(1) Free flowing articles such as oil,
grain, coal, ore, and the like, which can
be pumped or run through a chute or
handled by dumping; or
(2) Articles that require mechanical
handling such as bricks, pig iron, lumber, steel beams, and the like.
(d) Break bulk cargo. For purposes of
this part, ‘‘break bulk cargo’’ is defined
as cargo that is not containerized, but
which is otherwise packaged or bundled.

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§ 149.2 Importer security filing—requirement, time of transmission,
verification of information, update,
withdrawal, compliance date.
(a) Importer security filing required.
For cargo arriving by vessel, with the
exception of any bulk cargo pursuant
to § 149.4(a) of this part, the ISF Importer, as defined in § 149.1 of this part,
or authorized agent (see § 149.5 of this
part) must submit in English the Importer Security Filing elements prescribed in § 149.3 of this part within the
time specified in paragraph (b) of this
section via a CBP-approved electronic
interchange system.
(b) Time of transmission. With the exception of any break bulk cargo pursuant to § 149.4(b) of this part, ISF Importers must submit:
(1) Seller, buyer, importer of record
number / foreign trade zone applicant
identification number, and consignee
number(s) (as defined in § 149.3(a)(1)
through (4) of this part) no later than
24 hours before the cargo is laden
aboard the vessel at the foreign port.
(2) Manufacturer (or supplier), ship to
party, country of origin, and commodity HTSUS number (as defined in
§ 149.3(a)(5) through (8) of this part) no
later than 24 hours before the cargo is
laden aboard the vessel at the foreign
port.
(3) Container stuffing location and
consolidator (stuffer) (as defined in
§ 149.3(a)(9) and (10) of this part) as
early as possible, in no event later than
24 hours prior to arrival in a United
States port (or upon lading at a foreign
port that is less than a 24 hour voyage
to the closest United States port).
(4) The data elements required under
§ 149.3(b) of this part for FROB, prior to
lading aboard the vessel at the foreign
port.

(5) The data elements required under
§ 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.
(c) Verification of information. Where
the party electronically presenting to
CBP the Importer Security Filing required in paragraph (a) of this section
receives any of this information from
another party, CBP will take into consideration how, in accordance with ordinary commercial practices, the presenting party acquired such information, and whether and how the presenting party is able to verify this information. Where the presenting party
is not reasonably able to verify such
information, CBP will permit the party
to electronically present the information on the basis of what the party reasonably believes to be true.
(d) Update of Importer Security Filing.
The party who submitted the Importer
Security Filing pursuant to paragraph
(a) of this section must update the filing if, after the filing is submitted 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.
(e) Withdrawal of Importer Security Filing. If, after an Importer Security Filing is submitted pursuant to paragraph
(a) of this section, the goods associated
with the Importer Security Filing are
no longer intended to be imported to
the United States, the party who submitted the Importer Security Filing
must withdraw the Importer Security
Filing and transmit to CBP the reason
for such withdrawal.
(f) Flexible requirements. For each of
the four data elements required under
paragraph (b)(2) of this section ISF Importers will be permitted to submit an
initial response or responses based on
the best available data available at the
time that, in accordance with paragraph (d) of this section, ISF Importers
will be required to update as soon as
more precise or more accurate information is available, in no event less
than 24 hours prior to arrival at a U.S.
port (or upon lading at a foreign port

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U.S. Customs and Border Protection, DHS; Treasury
that is less than a 24 hour voyage to
the closest U.S. port).
(g) Compliance date of this section. (1)
General. Subject to paragraph (g)(2) of
this section, ISF Importers must comply with the requirements of this section on and after January 26, 2010.
(2) Delay in compliance date of section.
CBP may, at its sole discretion, delay
the general compliance date set forth
in paragraph (g)(1) of this section in
the event that any necessary modifications to the approved electronic data
interchange system are not yet in
place or for any other reason. Notice of
any such delay will be provided in the
FEDERAL REGISTER.
[CBP Dec. 08–46, 73 FR 71782, Nov. 25, 2008, as
amended by USCBP–2007–0077, 74 FR 33922,
July 14, 2009]

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§ 149.3

Data elements.

(a) Shipments intended to be entered
into the United States and shipments intended to be delivered to a foreign trade
zone. Except as otherwise provided for
in paragraph (b) of this section, the following elements must be provided for
each good listed at the six-digit HTSUS
number at the lowest bill of lading
level (i.e., at the house bill of lading
level, if applicable). The manufacturer
(or supplier), country of origin, and
commodity HTSUS number must be
linked to one another at the line item
level.
(1) Seller. Name and address of the
last known entity by whom the goods
are sold or agreed to be sold. If the
goods are to be imported otherwise
than in pursuance of a purchase, the
name and address of the owner of the
goods must be provided. A widely recognized commercially accepted identification number for this party may be
provided in lieu of the name and address.
(2) Buyer. Name and address of the
last known entity to whom the goods
are sold or agreed to be sold. If the
goods are to be imported otherwise
than in pursuance of a purchase, the
name and address of the owner of the
goods must be provided. A widely recognized commercially accepted identification number for this party may be
provided in lieu of the name and address.

§ 149.3

(3) Importer of record number/Foreign
trade zone applicant identification number. Internal Revenue Service (IRS)
number, Employer Identification Number (EIN), Social Security Number
(SSN), or CBP assigned number of the
entity liable for payment of all duties
and responsible for meeting all statutory and regulatory requirements incurred as a result of importation. For
goods intended to be delivered to a foreign trade zone (FTZ), the IRS number,
EIN, SSN, or CBP assigned number of
the party filing the FTZ documentation with CBP must be provided.
(4) Consignee number(s). Internal Revenue Service (IRS) number, Employer
Identification Number (EIN), Social
Security Number (SSN), or CBP assigned number of the individual(s) or
firm(s) in the United States on whose
account the merchandise is shipped.
(5) Manufacturer (or supplier). Name
and address of the entity that last
manufactures, assembles, produces, or
grows the commodity or name and address of the party supplying the finished goods in the country from which
the goods are leaving. In the alternative the name and address of the
manufacturer (or supplier) that is currently required by the import laws,
rules and regulations of the United
States (i.e., entry procedures) may be
provided (this is the information that
is used to create the existing manufacturer identification (MID) number for
entry purposes). A widely recognized
commercially accepted identification
number for this party may be provided
in lieu of the name and address.
(6) Ship to party. Name and address of
the first deliver-to party scheduled to
physically receive the goods after the
goods have been released from customs
custody. A widely recognized commercially accepted identification number
for this party may be provided in lieu
of the name and address.
(7) Country of origin. Country of manufacture, production, or growth of the
article, based upon the import laws,
rules and regulations of the United
States.
(8) Commodity HTSUS number. Duty/
statistical reporting number under
which the article is classified in the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS

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