U.S. Customs and Border Protection (CBP) has announced that they will begin full enforcement of the Importer Security Filing (ISF) "10+2" on July 9th, 2013. As previously reported in the Video: Importer Security Filing ?10+2", we have been anticipating this announcement as the Final Rule was due to come into effect in February of 2013. Although CBP have yet to announce the Final Rule, they will begin enforcement of the highest level.
What Measures of Enforcement Can You Expect?
Enforcement measures of the ISF requirements include:
- Seizures of non-compliant shipments
- "Do not load" orders
- Delays in the release of cargo
- Withholding the release of cargo
- Liquidated damages in the amount of:
- $5,000 per late ISF
- $5,000 per inaccurately filed ISF
- $5,000 for the first inaccurate ISF update
Now more than ever, it is important for ocean importers to take the necessary steps to make sure they meet every aspect of this requirement as U.S. Customs and Border Protection has stated that they can issue a penalty of $5,000 upon the first occurrence. Ocean importers are strongly encouraged to review their process and make sure their filings are timely and accurate. Now would be a good time to do a self-assessment and audit your transactions.
A Few Quick Self-Assessment Questions:
- Are your ISF filings timely?
- Are your ISF filings accurate?
- Are your ISF filings matched in the Automated Manifest Systems (AMS)?
Impact on Ocean Importers:
For those ocean importers who have been working hard to be compliant under the ISF Interim Final Rule, the impact may be minimal. For those still struggling to meet the requirements, penalties and ?do not load? orders are on the way. If you need assistance in meeting this requirement, or have questions we are here to help you avoid this costly scenario. July 9, 2013, is just around the corner.
ISF and Pacific Customs Brokers:
Pacific Customs Brokers would like to advise Importers of Record that we can handle these filings for you with our Import Security Filing Services and also offer Ocean Clearances. To find out how your business may be affected by the July 9th deadline, and how we may be able to assist you, contact Pacific Customs Brokers.
Have questions or comments about the Importer Security Filing final rule? Leave them in our comments sections below or email Ask Your Broker.
More information on the specific requirements for ISF can be found in:
- CBP Enters Next Phase of Importer Security Filing
- Video: Importer Security Filing ?10+2?
- Enforcement of Importer Security Filing Final Rule
- Ocean Shipments and Importer Security Filing
- U.S. Customs and Border Protection?s FAQs: Importer Security Filing ?10 +2? Program