CBP to Begin Full ISF Enforcement, Will Start Issuing Liquidated Damages
CBP will begin full enforcement of Importer Security Filing beginning July 9, CBP said in a CSMS message. At that time, the agency "will start issuing liquidated damages against ISF importers and carriers for ISF non-compliance," it said. The ISF program requires advance cargo information submission to CBP within 24 hour before the cargo is loaded onto an ocean vessel going to the U.S.
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The message did not go into more detail on the enforcement, but an alert from insurance broker Avalon Risk Management said it's unlikely the "enforcement actions will apply to the 'ISF-5s' which are required for goods transiting but not remaining in the US." Avalon said it became aware of CBP's plans through its role in trade associations. The ISF-5s include "subject to immediate export or transportation and freight remaining on board," said Avalon. CBP also "stressed that every liquidated damage enforcement action instituted by a port will be reviewed by CBP headquarters personnel before issuance," the company said. Avalon's alert is (here).
CBP said the interim final rule on ISF still applies while the agency continues to work to finish a final rule, said Avalon. CBP previously said it hoped to have a final rule out by February (see 13010330). CBP didn't comment.
Further information on ISF, also known as 10+2, can be found (here).