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06-07-2013 - Importer Security Filing full enforcement to begin July 9 2013

 

Customs & Border Protection (CBP) is stating that full enforcement will begin July 9, 2013, which include the assessment of liquidated damages/penalties for non-compliant Importer Security Filings (ISF). 

Some background on the mandatory security program, the ISF final rule went into effect on January 26, 2009 and allowed for a one-year flexible enforcement period as CBP and industry adapted to the program requirements. Despite entering the enforcement environment on January 26, 2010 it was apparent that both CBP and industry required additional time to develop compliant processes and systems. Thus, CBP advised they would “show restraint” and employ “the least punitive measures available to obtain full compliance”.

Liquidated damages will be assessed against non-compliant ISF transactions at $5,000.00 per infraction, not to exceed $10,000.00 per ISF. A comprehensive overview of infractions, mitigating and aggravating factors, as well as mitigation guidelines is here: ISF Liquidated Damages Mitigation Guidelines.pdf

Additional information pertaining to ISF may be found at: http://www.geosbush.com/readarticle.php?id=14

Message from CBP / June 7, 2013

Date: 6/7/2013 9:04:33 AM

To: Automated Broker Interface, ACE Outreach Events, ACE Portal Accounts, ACE reports, Ocean Manifest

In order to achieve the most compliance with the least disruption to the trade and to domestic port operations, CBP has been applying a measured and commonsense approach to Importer Security Filing (ISF or 10+2) enforcement.  On July 9,2013 CBP will begin full enforcement of ISF, and will start issuing liquidated damages against ISF importers and carriers for ISF non-compliance.

Please visit http://www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/ for more information and send questions to security_filing_general@cbp.dhs.gov.

To ensure your company is compliant with the ISF requirements, please call (503) 228-6501, and/or email: info@geosbush.com.