Customs and Border Patrol (CBP) recently issued new enforcement guidelines for Importer Security Filing (ISF) that indicate a 3 strike policy against nonfiled/late filings and released a Frequently Asked Questions (FAQ) Addendum.
According to the release, the revised CBP strategy provides for local discretion at the port level, as well as focusing enforcement actions on the most severe violations.
The original ISF rule went into effect in January 2009, requiring containerized cargo information, for security purposes, to be transmitted to the CBP at least 24 hours before goods are loaded onto an ocean vessel to the USA. Commonly known as the “10+2” rule, the regulations require ten elements from the importer, and two from the carrier. The rule was phased in gradually, with fines for infractions eventually put into place.
According to the addendum, key elements of CBP’s new strategy include provision for:
- Local discretion at the port level based on infrastructure and staffing resources (i.e., holding freight vs. issuing liquidated damage claims).
- A standardized approach which will permit CBP HQ to conduct analysis into non-compliant ISF filings “with the intent to conduct focused outreach.”
- Direction to ports to focus enforcement on the most severe violations, i.e., ‘significantly late’ or missing ISFs.
Click here for the ISF form.