The Bureau of U.S. Customs and Border Protection (“CBP”) has posted to its website an invitation to the trade community to provide comments on the Advance Trade Data Elements (“10+2”) pursuant to Section 203 of the SAFE Port Act, by February 5, 2007. According to CBP’s instructions, comments should be e-mailed to securityfilingstrawman@dhs.gov.

Although the comments can address written data, views or arguments on all aspects of the CBP Proposal for Advance Trade Data Elements, CBP states that the most helpful comments will be those referencing specific portions of the draft proposal and explaining the reasons for a recommended change, including data, information or authority to support the recommendations. Of particular interest to CBP are comments regarding the following:

  • the advance trade data elements
  • the parties most likely to have direct knowledge of each data element
  • the technology necessary for parties to transmit the data in a timely fashion
  • the impact on the flow of commerce by complying with the proposed requirements
  • the necessity for transition periods between promulgation of the regulations and their effective date

For convenience, we have attached CBP's Proposal for Advance Trade Data Elements.

Although it is likely that there will be an opportunity for providing comments on these rules once CBP publishes its Notice of Proposed Rulemaking in the Federal Register, this comment period provides an opportunity to weigh in on the draft text of the proposed regulations at this early stage