NEWSLETTER

Lacey Act
The Lacey Act combats trafficking in “illegal” wildlife, fish, and plants. The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008), effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act now, among other things, makes it unlawful, beginning December 15, 2008, to import certain plants and plant products without an import declaration. This page will serve as a clearinghouse for all information related to the implementation of the Lacey Act declaration requirement and will be updated promptly as new information becomes available.
http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Please note:
This newsletter is provided for informational purposes only. Some or all of the items noted above will change and you should consult your licensed Customhouse Broker or Freight Forwarder for any decision making information.

Importer Security Filing Rule AKA 10 +2, effective January 26, 2009

Date: Thursday, February 05, 2009

Dear Clients: 

Effective Monday, January 26, 2009, US Customs and Border Protection began accepting Importer Security Filings (ISF) also known as the 10 + 2.

After much speculation whether the new rule would take effect and changes being made and/or clarified as late as Friday, January 23, 2009, L. D. Tonsager & Sons, Inc. is now prepared to file the required Importer Security Filings upon our client's request.

The period between January 26, 2009 and January 25, 2010, U. S. Customs and Border Protection has announced that the agency will show restraint in enforcing the rule. They are taking into account the difficulties that importers may face in complying with this rule knowing that progress toward compliance and making good faith efforts by the importer are limited to the extent of the Importer's current ability.

Importer Security Filing Rules only applies to ocean freight cargo shipped in containers, both full container and less than container loads also known as consolidated shipments.

Cargo arriving into the Unites States via air, rail, truck, or break-bulk shipments (forest products and steel) are exempt from the ISF filing requirements.

Importers and/or their appointed agent will be required to file 24 hours prior to lading of the cargo at the foreign port and update their filings with respect to these elements as soon as more precise or more accurate information is available, no later that 24 hours prior to arrival of the vessel into the first port in the United States.

The responsible parties that can file are Customhouse Brokers, Freight Forwarders, Carriers, and Importers themselves. The responsible party must have Customs power of attorney on file with the Importer's filing agent.

MAILING ADDRESS: P.O. Box 55517, Portland, Oregon 97238-5517

Phone: (503) 907-0670             Fax: (503) 907-0667           Cellular: (503) 701-8039

Internet Home Page: www.tonsager.com                     E-Mail address: eric©tonsager.com


Effective January 26, 2010, Importer Security Filings will become mandatory and failure to file will result in a penalty of US$ 5,000.00 for each ISF filing that is not timel, complete, and/or accurate.

To assist L. D. Tonsager & Sons, Inc. with the ISF filing, we have prepared the attached work sheet, which lists the 11 data elements that are required to file an ISF.

If you elect L. D. Tonsager & Sons, Inc. to file the ISF on your behalf, we will require data elements #'s: 1, 6, 7, 9, 10, and 11.

The above listed data elements can be shown on the commercial invoice or as a separate attachment.

As noted on L. D. Tonsager & Sons, Inc.'s ISF work sheet, please send clear and readable copies of the commercial invoice, packing list, and ocean bill of lading via e-mail to documentstonsaqer.com.

The fee for the Importer Security Filing will be US$ 50.00 per filing and/or amended filing plus $5.00 per additional supplier, tariff number, and/or country of origin.

If there are any questions regarding the Importer Security Filing Rule, please contact us.
L.D. Tonsager & Sons, Inc.
PO Box 55517
Portland Oregon 97238-5517
Office (503) 907-0670
Fax     (503) 907-0667
                            

LDT: ert Enclosures


IMPORTER SECURITY FILING RULE (10 + 2) WORKSHEET

·               DATA ELEMENT #1 (Name and Address of Seller):

·               DATA ELEMENT #2 (Name and Address of Importer of Record):

·               DATA ELEMENT #3 (Importer's Number — Federal Employer's Identification Number or Social Security Number):

·               DATA ELEMENT #4 (Consignee's Name Address in the United States that is receiving the merchandise):

·               DATA ELEMENT #5 (Consignee's Number — Federal Employer's Identification Number or Social Security Number):

·               DATA ELEMENT #6 (Name and Address of Manufacturer who produced and/or manufactured the goods. If multiple manufactures, please list all manufacture's name and addresses by product):

·               ELEMENT #7 (Country of Origin for each product):

·               ELEMENT # 8 (HTSUS (Tariff) Number):

·               DATA ELEMENT #9: (Stuffing Location. Name and Addresses where the merchandise was physically loaded into the container):

·               DATA ELEMENT #10: Consolidator's Name and Address who stuffed and/or arranged for the stuffing of the container):


• DATA ELEMENT #11 (Consolidator's House Bill of Lading. If no house bill of lading, provide steamship line's bill of lading:

IMPORTANT NOTE:

Please send clear and readable copies

of the commercial invoice, packing list,

and ocean bill of lading via e-mail to

documents@tonsager.com.