Implemented: January 26, 2009
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On January 26, 2009, the U.S. Customs & Border Protection began requiring Importer Security Filings on all non-bulk ocean shipments that are destined for the United States of America. (Section 203 of the SAFE Port Act of 2006 and section 343(a) of the Trade Act of 2002 , as amended by the Maritime Transportation Security Act of 2002). This ISF requirement includes all containerized freight and less than container loads traveling on the water. It is not required for shipments exported to the USA by air or truck or other means than by water.
The Importer Security Filing must be filed electronically with CBP at least 24 hours prior to lading on the vessel.
Although the date of implementation was January 26, 2009, CBP has
a 12 month delayed compliance period from this date to allow the importing
community time to adjust. However, CBP has also indicated that importers are
required to make a "Good Faith"
effort toward compliance by showing "satisfactory progress" in complying with
the rule. Also, this 12 month delayed compliance period may be extended, if CBP
warrants.
As of 1-26-2010, CBP will begin issuing liquidated damages for failure to comply with the ISF requirements. According to CBP, liquidated damages will be up to $5,000.00 per violation, maximum $10.000 per shipment for multiple violations.
Here is a link to an Importer Security Filing (10+2) Worksheet (Please note the ten requirements listed below do not exactly coincide with my ISF worksheet)
The ten required elements for the ISF are as follows:
(Please click on any one of the following for further information)
1.
Importer of record number
2. Consignee number
3. Seller (Owner) name/address
4. Buyer (Owner) name/address
5. Ship to Party
6. Manufacture (Supplier) name/address
7. Country of origin
8.
Commodity HTS tariff number (Min. 6 digits, max. 10)
9. Container stuffing location
10.
Consolidator name/address
In addition to the above ten elements, the ISF must contain an
eleventh element, a bill of lading number. This is necessary in order for CBP to
link the ISF to the customs manifest data.
The "lowest" bill of lading is to be used. CBP will accept an ISF with a house
bill of lading or with a master/straight bill of lading.
An ISF Importer may be a self-filer or they may choose an agent
such as a licensed Customs Broker.
ISF filers must have access to an approved system. Approved systems are the Automated Manifest System
(AMS) and/or the Automated Broker Interface (ABI).
Importer Security Filings must be secured by a Customs bond.
If you have a Continuous bond on file with CBP, it will be accepted.
No changes in the continuous bond are
required.
Structured Review Period
During the first year, CBP will monitor all ISF submissions for
timeliness, accuracy and completeness.
CBP will work with any con-complying ISF filer in order to help them adhere to
these new requirements.
CBP will also take into consideration an ISF filers progress in
complying/implementing this rule during the delayed
enforcement period and as a mitigating factor of any enforcement action after
this delayed period ends.
DHS, along with the Executive Branch, will determine whether to eliminate, modify or leave unchanged these requirements.
Public Comments
Comments are due by June 1, 2009.
Those interested are invited to submit written comments on those data elements CBP is providing some flexibility to as discussed in 149.s(b) and (f).
CBP also invites comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis.
Here is the Federal eRulemaking Portal:
www.regulations.gov
Follow the instructions for submitting comments via docket number
USCBP-2007-0077
Mail: Border Security Regulations Branch, Office of International Trade, U.S. Customs and Border Protection, 799 9th St., NW, Washington, DC 20001
Resources
Here is a link to the Final Ruling Importer Security Filing as posted in the Federal Register on 11-26-08.
Most recent CBP FAQ on Importer Security Filing issued 1-28-10
Here is a link CBP provides of some more but older Frequently Asked Questions.
Here are the new Mitigation Guidelines for ISF (10+2) issued 7-17-09