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American Apparel And Footwear Association

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  • 1. Hallock Northcott President & CEO American Association of Exporters & Importers The Voice of the International Trade Community Since 1921 April 9, 2008 The Importer Security Filing (ISF) (10+2) “ The Story to Date”
  • 2. IV. Making It Work 17 III. What Did “We” Say? 14 II. How Did We Get Here? 7 I. What Is Driving The Process? 3 4 Questions
  • 3.
    • QUESTION 1
    • What Is Driving The Process?
  • 4. The Safe Port Act
    • Sec. 203. AUTOMATED TARGETING SYSTEM
    Part II Requirement-The Secretary ... shall require the electronic transmission to the Department of additional data elements for improved high-risk targeting, including appropriate security elements of entry data...to be provided as advanced information with respect to cargo destined for importation into the United States prior to loading of such cargo on vessels at foreign seaports. Part I ...identify and seek the submission of data related to the movement of a shipment of cargo through the international supply chain, and...
  • 5. The Safe Port Act
    • Part III
    • The Secretary...shall—
    • consider the cost, benefit, and feasibility of—
      • requiring additional nonmanifest documentation;
      • reducing the time period allowed by law for revisions to a container cargo manifest;
      • reducing the time period allowed by law for submission of certain elements of entry data, for vessel or cargo; and...improving
    Sec. 203. AUTOMATED TARGETING SYSTEM Part IV (2) consult with stakeholders, including the Commercial Operations Advisory Committee
  • 6. The Safe Port Act Sec. 203. AUTOMATED TARGETING SYSTEM Part V ...adhere to the parameters application to the development of regulations under section 343 (a) of the Trade Act of 2002 (19 U.S.C. 2071 note), including provisions relating to consultation, technology, analysis, use of information, confidentiality, and timing requirements. Part VI ...a review of the effectiveness and capabilities of the Automated Targeting System;
  • 7.
    • QUESTION 2
    • How Did We Get Here?
  • 8. The Safe Port Act-2006 Conference Reconciliation Oct 3, 2006 Senate Passage Sept, 2006 House Passage May, 2006 DP World-Headlines Feb, 2006 Green Lane Legislation Murray, Collins, King & Harman Jan 2006
  • 9. The Safe Port Act-2006 Presidential Signature COAC Announcement Regulatory Implementation “ Agency” Consideration & Public Consultation NPRM Oct 13, 2006 Nov, 2006 Dec, 2006 Jan – Nov 2007 Dec, 2007
  • 10. The Private Sector and 10 + 2 2006-2007... 2006 BOG-ATDI meeting at CBP (NCBFAA) Sept Intense “shoe leather” re data collection & 10+2 Aug-Sept Active Legislative/Regulatory - Safe Port Act TSN member consultation Policy visits and materials-H S & A Grass Roots member outreach-H & S 10+2 Initiatives Growing - Legislative Apr-Nov Aug Acceleration of TSN outreach Organization’s Customs Committees Jan
  • 11. The Private Sector and 10 + 2 2006-2008 2006 2007 Commissioner Basham at WRC – (LA-CBFAA) 10+2 featured Nov NYC COAC “Announcement” Alert Nov CBP Leadership Symposium AAEI (AAMA, NCBFFA, NRF) Dec 14 AAFT Filing (s) Consideration / Delay NPRM Feb 2007 Mar - Dec Dec Repeat Industry Group Meetings Feb 2007 Extensive Convention Review Jan 2007
  • 12.
    • QUESTION 3
    • What Did We Say?
  • 13. HAVING A SAY 5 Principal Inputs Congress - Statute Agency-Regulation Associations/ Industry Policy Organization Individual Firms Advisory Bodies & Governments Academia & Think Tanks
  • 14. HIGHLIGHTS – 1 ST TIME 10 of 37 COAC Recommendations
    • Unique identifier and electronic confirmation CBP
    • Account based profiling – Trusted Accounts*
    • CF7501 data or CF3461 data plus 2 elements
    • Entry filing period-any time after last point departure
    • Confidential data*
    • 6 Implementation Test / Phase in*
    • Full Cost Benefit Analysis
    • Importer online review of filings on its behalf
    • WCO safe framework compatibility*
    • Current country of origin (CBP and FTA’s)
  • 15.
    • QUESTION 4
    • Making It Work
  • 16. Making a Regulation Administrative Procedures ACT (APA) & Regulatory Flexibility ACT (RFA)
    • 4 Principle Requirements
    • Notice of Rule Making Will be Published
    • Submission of Written Views-Oral Optional
    • Formulation-Statement of Purpose/Basis
    • Publication of 30 Days Prior to Effective Date
  • 17. Process
    • Publication
    • FR Doc E7 25306
    • Filed 12-31-07
    • 2. Jan 15, 2008 Request for 30 Day Extension
    • American Apparel and Footwear Association
    • American Association of Exporters and Importers
    • Association of International Automobile Manufacturers
    • American Petroleum Institute
    • Business Alliance for Customs Modernization
    • International Cargo Security Council
    • International Warehouse Logistics Association
    • Joint Industry Group
    • National Association of Foreign Trade Zones
    • National Customs Brokers and Forwarders Association of America
    • The National Industrial Transportation League
    • Result
    • 30 – April 2, 2008
    • 15 – March 18, 2008
  • 18. Next Steps (Beyond 3/18/08)
    • CBP
    • Analysis and response to comments
    • NPRM “Revision” – Accepted comments
    • Administration
    • Proposed Final – Review DHS, OMB+?
    • Publication of Final Rule (DHS) in Federal Register
    • III. Implementation
    • Sept – Dec 2008 (?)
    • Interim Final Rule (1 year?)
    • Test (Enforcement)?
    • IV. International Application
    • AEO
    • WCO
  • 19. The Security Filing (10+2) The Story to Date Hallock Northcott President & CEO American Association of Exporters & Importers The Voice of the International Trade Community Since 1921 April 9, 2008