|Customs and Border Protection to Begin Enforcing Import Security Filing on July 9, 2013
Customs and Border Protection (CBP) announced that they will begin full enforcement of Importer Security Filing (ISF) regulations on July
9, 2013 and will start issuing liquidated damages against ISF importers and carriers for ISF non-compliance.
LATE OR INACCURATE ISF TRANSMISSIONS
CBP will assess liquidated damages in accordance with the relevant mitigation guidelines which were published in the CBP Bulletin on
July 17, 2009. There can be multiple errors on an ISF transmission and in accordance with the guidelines, CBP may assess / fines a
claim for liquidated damages as follows:
$5,000 per late ISF,
$5,000 per inaccurate ISF, and
$5,000 for the first inaccurate ISF update.
Additional Statutory Penalties may be assessed for serious or repetitive violations.
FAILURE TO FILE AN ISF
Because liquidated damages cannot be assessed for the failure to file an ISF if no bond is in place, CBP will withhold the release or
transfer of the cargo until CBP receives the required ISF information and has had the opportunity to review the documentation and conduct
any necessary examination. CBP also reserves the right to not permit unlading of merchandise for which no ISF has been filed, and, if
such cargo is unladen without permission, it may be subject to seizure.
STATUTE OF LIMITATIONS:
Pursuant to 28 U.S.C. § 2415, the statute of limitations for ISF liquidated damages is six years from the date of the breach of the bond. CBP
will not limit its authority to enforce the ISF requirements.
First violation: If an ISF Importer incurs a liquidated damages claim for filing a late or inaccurate ISF or an inaccurate ISF update, the
liquidated damages claim may be cancelled upon payment of an amount between $1,000 and $2,000, depending on the presence of
mitigating or aggravating factors, if CBP determines that law enforcement goals were not compromised by the violation.
Subsequent Violations: If an ISF Importer incurs a subsequent liquidated damages claim for filing a late or inaccurate ISF or an inaccurate
ISF update, the liquidated damages claim may be cancelled upon payment of an amount not less than $2,500 if CBP determines that law
enforcement goals were not compromised by the violation.
No relief will be granted if CBP determines that law enforcement goals were compromised by the violation.
ADDITIONAL MITIGATION FOR C-TPAT PARTICIPANTS:
An ISF Importer which is a certified Tier 2 or Tier 3 C-TPAT member may receive additional mitigation of up to 50% of the normal mitigation
amount, depending upon tier of C-TPAT participation.
|"CBP will begin the liquidated damages phase of ISF enforcement on July 9, 2013...CBP may issue liquidated damages of $5,000 per violation for the submission of an
inaccurate, incomplete or untimely filing. Liquidated damages in simplified terms refer to a penalty secured by a bond. If goods for which an ISF has not been filed arrive in
the U.S., CBP may withhold the release or transfer of the cargo... Additionally, non compliant cargo could be subject to further inspection on arrival.
ISF enforcement taking effect July 9. Although answers to the few questions remaining open will be shared once the Subcommittee receives them from CBP, highlighted
below are the answers received to date.
1. Importer Security Filing enforcement begins on July 9, 2013. All ISFs filed on or after that day, must be complete, timely and accurate.
2. For practical purposes, CBP will measure timeliness from 24 hours prior to the ship’s departure.
3. CBP has no message about the timeliness of the ISF. The ISF filing and acceptance are in the ISF history when a filer transmits and receives the acceptance.
4. An ISF is not an entry and does not liquidate. There is no closing of an ISF transaction. The statutory limitation for liquidated damages is six years.
5. For ISFs using a single transaction bond, the liquidation of the entry does not close the ISF.
6. An ISF that is timely filed, but does not immediately match the manifest is not in violation. The filer must correct the information on the ISF to match the carrier manifest
. before the arrival of the vessel to avoid liquidated damages. CBP will still send out non-match warnings as they do now.
7. CBP has informally told the trade that they will take a measured approach and focus the highest priority on negligent importers that have not filed and on importers that
. had been filing and then stopped. However, all violations are subject to enforcement and CBP could issue penalties where they think it is necessary.
8. All potential ISF liquidated damages cases will be sent to CBP Headquarters for review. This will be in effect for at least the first 12 months.
9. CBP will most probably not issue a claim for shipments that are a little bit late / missed by an importer that has consistently been compliant. PAST PERFORMANCE will
. be part of the review and a good record will count
10. CBP will not allow an entry if an ISF has not been filed. (Remember the term “ISF-Jail" / "ISF-Hold" / "Customs-Hold" ).
11. CBP will watch for abuse of the use of an ISF without a bond for commercial shipments.
13. A deleted ISF is not a non-file. There may be legitimate reasons to delete an ISF and replace it.
14. There could be multiple reasons for liquidated damages penalties on a particular ISF. However, CBP has set a cap of a maximum of $10,000.00 against any one ISF.
15. There will be no comparison between the ISF and the entry. The ISF is for targeting. If there are differences between the manifest and the ISF or if there is an exam that
. shows that the ISF was incorrect, then the ISF could be subject to liquidated damages.
16. CBP will not generally consider small generic discrepancies as a violation of accuracy, for example shirts vs. blouses.
17. CBP will take systematic problems into consideration in reviewing the cases.
18. CBP has the expectation that importers must be 100 percent compliant. If not 100 percent compliant, importers could be exposed to liquidated damages cases.
. a. All payment MUST received within 72 hours (3 days), to AVOID Cancellations/Termination/Deletion of your ISF filing. All invoice is email ONLY.
. b. IF your ISF filing was DELETED permanently/temporarily for Non-payement, Late-payment, Late-ISF-filing, ISF info is/was misleading/missing, consignee didn't notify
. up-date/corrections &/or etc., US Customs can/will assess penalty / lien / Fines / Liquidated Damages up-to $5,000.00 per shipment to you/Importer/consignee
. &/or shipment as “ISF-Jail" / "ISF-Hold" / "Customs-Hold" until ISF is Filed/RE-filed correctly &/or could Confiscate/Seize.
. c. IF "ISF-Jail/ISF-Hold/Customs-Hold" shipment could be delay 3 weeks, when your shipment is in US, + paying Storage/Exam (fees), paying other RE-filing fees,
. pay ISF-Jail / ISF-Hold Release fees $45 & etc,
. d. Please review 3 pages of ISF report (Attach) & let us know if any correction needs to be made. All up-date/correction must be made 24 hours before you shipment
. could leave foreign port.
. e. IF up-date/correction is made 23 hours & 59 mins BEFORE your shipment is about to leave foreign port or after your shipment has left foreign port. US Customs
. could/will Exam, "ISF-Jail/ISF-Hold/Customs-Hold" & etc.
. f. If your ISF filing is showing "NO BILL MATCH", please contact your supplier/shipping company & let them know they MUST file AMS, 48 hours before your shipment
. could leave foreign port, otherwise it can "ISF-Jail/ISF-Hold/Customs-Hold "
. g. You/Importer/Consignee is RESPONSIBLE: all fees, US Laws, International Laws, Penalize/Fines, all informations on all documents (Arrival-Notice, Invoice, Packing-list,
. Bill-of-Lading/BL) + HTC code & etc.
. h. For other hold(s) & etc by US Customs, please view www.cbp.gov . US Customs has 6 years for ISF final ruling & 5 years for Customs Clearing Entry Filing final rulling.
. "Please do NOT assumed".
|Key to filing ISF is you must file, even if your data is
incomplete you should file, 48 hours (we recommend 72
hours) before your shipment could be load onto freight
vessel. You can always make the corrections and
Re-Submit your ISF filing, 72 Hrs before your shipment
arrives into U.S. Port. But, the Re-Submitting of your ISF
ISF Must be filed, otherwise CBP can and will assessed
penalty / fines of up to $5,000 for each violation(s).
As of January 26, 2010, Filing an Importer Security Filing
(ISF 10+2) is the responsibility of all Importer(s).
Importer Security Filing (ISF 10+2) is SEPARATE from the
carrier's manifest and the broker's / importer's entry / entry
filing / custom broker.
NOTE: The ISF 10+2 filing must be done for each bill of
lading (BL) / Each shipment. Also each Importer Security
Filing (ISF 10+2) filing must have the same identical
Parameters i.e. Spelling of all name(s), letter(s) and
Number(s) on the shipments / Invoice from your oversea
**ALL PREMIUM, COMMISSION AND/OR FEES ARE
FULLY EARNED ON ALL our Arrangement & Service.
When payment(s) is made in-full, there is/will NO pro-rate
or NO refunds for any bond termination / cancelled /
Increase of Liability / in-process / before and after
active/activation, also for any other service we provided it.
For more details: www.CBP.gov . or
Before you file (click here). Sample of ISF form you
should received from your Over-Sea Freight Forwarder /
Suppler & Click Here for More Detail Instructions of ISF.
|$95 WE file for you:
1. Service Agreement (click here) & Email Driver License.
2. Email Continuous Bond or Single ISF Bond.
3. Email ISF info, Invoice, PL, Bill-of-lading (BL) & etc.
4. Payment: personal/company check or wire-transfer.
1. ISF MUST BE FILED FOR ALL SEA SHIPMENTS!!
2. NO MATTER WHAT VALUE OF YOUR SHIPMENT IS!!!
3. ISF MUST be filed 24 hours BEFORE leaving foreign.
4. Filing AFTER 24 hrs or HAS left with LATE ISF Bond,
1. Single ISF Bond is to file ISF ONY = issue within 30min
2. Single Entry Bond is to file Customs Clearing Entry,
3. Continuous Bond Eliminate Most of bond for next 365.
IF you have NOT received any/some-of Documents, we
could contact your factory / supplier / Logistic-company
and WE COULD DO MOST OF THE WORK FOR YOU.
All we need is your supplier/logistic info (email & name).
- US Citizen/Resident MOVING back into USA with
personal USED items ISF Filing $150, NO bonds require.
BUT with some RESTRICTIONS: SUBJECT-to Agencies.
+ NOTE: from page 46-47 (www.cbp.gov)
1. If importing from Virgin Island, American Samoa or
Guam, you MUST file ISF
2. If you are importing from Puerto Rico to U.S. or if you
are exporting from U.S. to Puerto Rico (NO ISF is need it)
3. If your goods arrived into Canada by vessel and if
trucking or railing into U.S. ( as long as shipment are
associated with bill of lading at AMS ) ( MUST file ISF )
|ISF type / Standard: This transaction type covers the
vast majority of commercial shipments. ( Importers )
(Click here to File 01 type)
ISF type / Ship To: Should be used for shipments that
have not yet been sold to a buyer in the U.S. Typically
used for commodities shipments (e.g., coffee beans,
cocoa, etc.). / handling shipments sold on the water:
The ISF will need to be updated if the shipment is sold
in transit. At a minimum, the ISF Importer must notify
CBP that the goods have been sold, and the party
must update the Buyer (Owner) field and any other
field of which they are aware. The ISF Importer
remains liable for the timing and accuracy of the ISF
filing "Sold on the Water"
(Click here to File 02 type)
ISF type / HHG/PE: Should be used for all
HouseHold Goods (HHG) and personal effects (PE)
shipments. This includes shipments for returning
military members, other U.S. governmental personnel
and their families. No bond is required
(Click here to File 03 type ISF)
ISF type / U.S. Government and U.S. Military: Only to be
used for actual government or military shipments
No bond is required.
(Click here to File 04 type)
ISF type Diplomatic: Only to be used by foreign entities
entitled to diplomatic immunity. No bond is required.
(Click here to File 05 type)
ISF type Carnet: Covers shipments arriving under a
carnet. No bond is required.
(Click here to File 06 type)
ISF type U.S. Goods: Reserved for shipments
containing solely U.S. Goods Returned.
(Click here to File 07 type)
SF type FTZ Shipments: Reserved for shipments
going into a Foreign Trade Zone.
(Click here to file 08 type ISF)
ISF type / International Mail: Reserved for USPS mail
shipments. No bond is required.
(Click here to file 09 type ISF)
ISF type / OCS Shipments: Reserved for shipments
arriving from a U.S. outer continental shelf point or
from vessels operating over a U.S. OCS point (e.g.
rigs, derrick barges, seismic vessels).
(Click here to file 10 type ISF)
To file your Importer Security Filing (ISF 5+2)
(click here) ISF 5+2 is for only: Immediate Exportation
(IE) or Transportation and Exportation (TE)
Immediate Transportation (IT)
|CODED TRANSACTIONS: ( 10 Type's )
CBP has programmed its system to accept 9 different
ISF-10 Transaction types. More types will be added as
needed (e.g., Type 10 for OCS shipments).
|ISF “10+2” Program F A Q
|Entry@ISFCustomsBroker.com / 800-710-1559.
Disclaimer, Terms, Conditions & Etc (click here)
Dale Dong Young Park dba A Plus Customs Broker (Filer Code AEF)
Coast Logistic Groups llc / ISF Customs Broker .com (Filer Code E2B)
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|800-710-1559 (US) / 310-933-5444 (int'l) / Our SPECIALTY is ISF & Entry filing for all US Port
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