Department of Homeland Security and 10+2 Documentation

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Effective July 17, 2009, there are new guidelines from Department of
Homeland Security and U.S. Customs. These guidelines are for the
Assessment and Cancellation of Claims for Liquidated Damages for
Failure to Comply with the Vessel Stow Plan, Container Status
Message,
and Importer Security Filing Requirements.

Carriers are generally required to submit two data elements - a
vessel
stow plan and container status messages relating to containers loaded
on vessels destined to the United States. In addition to the elements
they are already required to electronically transmit in advance; and
Importer Security Filing (ISF) Importers, as defined in the
regulations,
are generally required to submit an ISF containing 10 data elements
relating to cargo destined to arrive within the limits of a port in
the
United States by vessel.

A. Requirements
* A vessel stow plan is required for all vessels subject to 19 CFR
4.7(a), except for any vessel exclusively carrying break bulk cargo
or bulk cargo.
* The incoming carrier (i.e., vessel operator) is required to submit
the vessel stow plan.
* The vessel stow plan must be submitted so that CBP receives it
no later than 48 hours after the vessel departs from the last foreign
port. For voyages less than 48 hours in duration, CBP must
receive the stow plan prior to arrival at the first U.S. port.
* Inasmuch as CBP requires that an accurate and complete stow
plan be submitted, a carrier must submit a new accurate vessel
stow plan immediately upon discovery of any inaccuracies.

B. Violations
* It is a violation to fail to submit a vessel stow plan when one
is required, to submit a late vessel stow plan, or to submit an
inaccurate vessel stow plan.

C. Assessment of Liquidated Damages Claims for Vessel Stow
Plan Violations
* When a carrier arrives at a port of entry where a vessel stow plan
is required, Port Directors may assess a claim for liquidated damages
against the carrier in the amount of $50,000 per vessel stow
plan under 19 CFR 113.64(f), for violation of 19 CFR 4.7c when a
complete, accurate, and timely vessel stow plan was not submitted.
* A claim for liquidated damages in the amount of $50,000 may be
assessed for each vessel arrival.

D. Additional Statutory Penalties. A penalty may be assessed under
the provisions of 19 U.S.C. 1436 with CBP Headquarters
approval for serious or repetitive violations. Such penalties will
be mitigated in a manner consistent with current guidelines
for section 1436 penalties. See the applicable guidelines, published
in the CBP Bulletin and Decisions (CBP Dec. 05-23) on
July 6, 2005.

E. Cancellation of Liquidated Damages Claims for Vessel Stow
Plan Violations
1. Failure to File
a. First violation. For the first violation, if an arriving carrier
incurs a liquidated damages claim for failure to file a vessel
stow plan, the liquidated damages claim may be cancelled
upon payment of an amount between $5,000 and
$25,000, depending on the presence of mitigating or aggravating
factors, if CBP determines that law enforcement
goals were not compromised by the violation.
b. Subsequent violations. If an arriving carrier incurs a subsequent
liquidated damages claim for failure to file a vessel
stow plan, the liquidated damages claim may be cancelled
upon payment of an amount not less than $25,000 if CBP
determines that law enforcement goals were not compromised
by the violation.
c. No relief will be granted if CBP determines that law enforcement
goals were compromised by the violation.
2. Late and Inaccurate Filings
a. First violation. For the first violation, if an arriving carrier
incurs a liquidated damages claim for filing a late or inaccurate
vessel stow plan, the liquidated damages claim may
be cancelled upon payment of an amount between $2,500
and $10,000, depending on the presence of mitigating or
aggravating factors, if CBP determines that law enforcement
goals were not compromised by the violation.
b. Subsequent Violations. If the arriving carrier incurs a subsequent
liquidated damages claim for filing a late or inaccurate
vessel stow plan, the liquidated damages claim may
be cancelled upon payment of an amount not less than
$5,000 if CBP determines that law enforcement goals were
not compromised by the violation.
c. No relief will be granted if CBP determines that law enforcement
goals were compromised by the violation.

This is a complicated and complex issue, to say the least. For
further
information you may contact:

Interested persons are invited to submit written comments on the
proposed information collection to the Office of Information
and Regulatory Affairs, Office of Management and Budget.
Comments should be addressed to the OMB Desk Officer for
Customs and Border Protection, Department of Homeland Security,
and sent via electronic mail to oira_su...@omb.eop.gov or
faxed to (202) 395-5806.