10+2 / New Importer Security Filing Is Now a Requirement

Are You Ready? ISF Courtesy Reminder

Under this new rule, based on the SAFE Port Act of 2006, Customs Border Protection (CBP) is now requiring importers to electronically transmit 10 data elements 24 hours prior to the loading of ocean containers at the foreign port. Effective January 26, 2009, ALL importers must begin electronically filing the required information for all ocean shipments entering, or transiting the United States, including Free Trade Zones (FTZ). The Importer Security Filing (ISF) is a Global issue requiring data collection and expertise from a variety of sources within a very short time frame.

Immediate action is required by all U.S. Importers. Importers may choose to file this information themselves or contract with an agent to do this for them. It is the importers responsibility to obtain the required ISF data elements and ensure U.S. Customs receives them 24 hours before the vessel is loaded at the port of origin. As the importer, failure to transmit the 10 data elements on time will result in a $5,000 penalty per violation, plus the exposure and potential negative impact with CBP may cause future delays. Legal culpability for filing accurately and in a timely manner remains entirely with the Importer. There will be a flexible enforcement period of 12 months after the effective date, during which time CBP has stated they will show restraint in enforcing the rule, taking into account difficulties that importers may face in complying with the rule, so long as importers are making satisfactory progress toward compliance and are making a good faith effort to comply with the rule to the extent of their current ability.

The ISF (10) and Additional Carrier Requirements (2) Interim final rule will help prevent terrorist weapons from being transported to the U.S. by requiring both importers and carriers to submit additional information about their cargo to U.S. Customs before the cargo is brought into the United States by vessel.

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