in just three months US Importer Security filing, also known as ISF or 10 + 2, will go into full effect. Many migrants are still unaware of the consequences of non-compliance, or have simply been to delay implementation. Now, before January 26, 2010 deadline for full compliance, it really is “high time” for action.
The Importer Security Filing is based on the SAFE Port Act, Americans, 2006. US Customs and Border Protection (CBP) published its ruling on the Importer Security announcement on November 25, 2008. Similar to 24 -Hour Advance Vessel obvious (AMS) rule, C-TPAT, Container Security Initiative (CSI), and other security measures, ISF is designed to improve national and international security. Since January 26, 2009, all US importers (definition also amended by CBP for this ruling) required to electronically submit 10 data elements
have been, as well as bill of lading numbers, 24 hours prior to loading of containers and break bulk cargo onto seagoing vessels dock at the port of origin. Have the carrier shall also file 2 data elements – ship STOW plan and container status messages. This is “2” is 10 ± 2. The key or connector ISF, AMS and customs entry is the house bill. The 24-hour advance “timing” is based on the AMS filing and container status message data.
From the beginning has been the level of resistance on the part of importers as well as their vendors / suppliers because ISF technically changes many Incoterms. Under ISF for example, if CBP sends “Do not download” message to the ocean carrier, an FOB shipment can not be loaded. Even if the sender fulfills all his normal and acknowledged duties under Incoterms transmission is not “over the railing of the ship” and considered “Free-On-Board”.
This ISF information must be filed for all ocean shipments into or even just transiting the United States, including shipments going into Free Trade Zones (FTZ). For in-Transit or FTZ shipments only 5 of 10 data elements should be submitted (please contact me if you are interested in the comparison chart breakdown of individual data elements such journeys).
US importers may choose to file this information themselves, or contract with an agent to do this for them. However, only those companies that are certified sent electronically to US Customs via AMS (normally forwarders and NVOCC) or ABI (customs brokers) interfaces may submit the actual ISF filing. Obviously most ISF filings will be submitted through the “filing agent”, much the same as most customs entries are filed by a customs broker. Whether legal culpability for filing accurate and timely still quite importer.
best ISF filing programs support web-based, user access, allowing both electronic download or manual input of data with the shipper (or its stock / seller) and allow the importer or customs broker to verify / edit data before filing. This is a very important factor that US Customs will later carry the ISF filing with the actual customs entry to verify the accuracy of the ISF data importer.
Tek and submit ISF data
Much of the required ISF information has historically not been available until later in the time-line events, export and commercial documents usually have been issued and after shipment was loaded and placed in transit. American importers must work with and educate foreign-based suppliers of the new information requirements, and develop a method to submit or provide this information to the application of the agent in time. This “need” is important because the fines $ 5,000 per incorrect or late filing may be issued.
due to changes in the information and document flow ISF compliance requires, US Customs has granted “flexible reporting” and “flexible enforcement” ending January 26, 2010. This is when fines, penalties, and “Do not load” Message begins
Flexible Reporting -.
Actual manufacturer or supplier, country of origin, HTSUS (US customs tariff classification), and the final ship-to party can not accurately known 24 hours before the cargo is loaded. Until January 26, 2010 importers will be permitted to submit an interim report to answer based on their knowledge or data available at the time of application. They will then update the ISF with accurate information no later than 24 hours before the arrival of the first US port
Flexible Enforcement. –
CBP will avoid food fines or penalties as long as the importer “show good faith” filing accurate and on time ISFs this season. CBP has begun issuing “report cards” documenting current accuracy and timeliness, and expects continued importers compliance improvement.
The “flexible reporting” and “flexible enforcement” ending January 28, 2010, when CBP will begin issuing fines. They will then also give a “do not load” messages of AMS to the carriers, effectively “stranding” containers of origin.
ISF Penalties and Mitigation
CBP has published its guidelines for determining and levying ISF penalties and what he considers the possible circumstances mitigating the severity of the penalties.
The ISF ruling and guidelines on penalties and mitigation are written vaguely. They provide CBP almost unprecedented autonomy and a wide range of actions in both assessment and resolution of claims violated. In fact, CBP may simply allege failure to file, incomplete or incorrect information, and treated as violation of bond importer; ie importer not met US import laws and regulations.
first can result in fines and penalties (liquidated damages) up to US $ 5,000, and may increase with subsequent violations. The most serious offense is obviously the failure to file and blatant deception.
Major punishable under ISF include failure to file, filing late, filing false information, failing to file updated information, and failure to draw up a filing importer has learned is inaccurate
Published mitigating factors for immigrants are :.
- Evidence of good faith progress providing ISF data “flexible time”
- relatively small number of violations compared to the overall ISF filings
- ISF failure due to reasons importer (ie the carrier had to move the ship to another port)
- Faulty ISF data was based on a commercial or shipment information from a party other than the normal international business agreed.
Cancellation of ISF fines and penalties have been possible if the importer can demonstrate that it was not possible to verify the data for publication and / or it would be reasonable to believe the information was true, and improvements have been made. Up to 50% reduction in the fine is possible if the ISF importer is C-TPAT certified
Published aggravating factors are :.
- ISF mistakes were deliberate deception, part of smuggling, or support the violation of other laws import restrictions or regulation
- According to faulty data or break for the same data in
- According to many errors at the same ISF
- obstruction or failure to cooperate with Customs investigations of any breach of