The following was published today by Sandler, Travis & Rosenberg LLP.
U.S. Customs and Border Protection has announced that after several years of what it calls a “measured and commonsense” approach to enforcing the Importer Security Filing (or 10+2) rule, effective July 9 it will begin full enforcement of this rule and start issuing liquidated damages against importers and carriers for noncompliance.
Under the ISF rule, importers and maritime cargo carriers must submit additional cargo data prior to lading goods on board vessels destined to the U.S. customs territory. Importers have to report 10 data elements on each ISF, including information that identifies the manufacturer, supplier, seller, buyer and consignee; the country of origin and tariff classification number; where and by whom the goods were stuffed into the container; and the party responsible for compliance with applicable import requirements. Five data elements are required for shipments consisting entirely of freight remaining on board cargo or goods intended to be transported in-bond as an immediate entry or transportation and exportation entry, including who is paying for the transportation of the goods and where the goods are headed. CBP’s goal is to have all data elements filed 24 hours prior to lading, but it allows for some flexibility either in timing or interpretation for six of the data elements.