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ISF

by Roanoke Trade

The “interim final” rule that became effective on January, 26, 2009 has now – for practical purposes – become the final rule as to a great many ISF filings. However, for some time CBP and the trade have been discussing an urgent need for limited changes to Part 149 of the Customs Regulations, primarily to eliminate confusion as to ISF-5* and certain other filing responsibilities.


by Roanoke Trade

On June 17, CBP issued CSMS# 16-000499 announcing major changes in ISF enforcement. The following summary is based on the CSMS and subsequent NCBFAA ISF Subcommittee discussions with CBP.

Effective for shipments on the water on or after June 30, CBP will operate as follows:

  • Except as noted below, CBP is viewing the Interim Final Rule (published November 25, 2008) as a “final rule.” Flexible requirements for certain data elements are retained.

by Roanoke Trade

The trade community is directly impacted by CBP’s importer security filing (ISF, also known as 10+2) requirements. ATA Carnet shipments are no exception, as ATA Carnets are not exempt from ISF. However, ATA Carnet shipments are exempt from posting the bond required of other shipments entering or re-entering the U.S. via ocean vessel. Except for the provision of the six digit HTSUS codes, the information needed to complete the ISF can be found on the ATA Carnet or available from the customs broker clearing the entry.


by Roanoke Trade

Various representatives from the surety and customs broker community held a conference call with U.S. Customs and Border Protection on June 5, 2015, to discuss ongoing matters related to ISF. On that call we learned that CBP has delayed the planned May 14 implementation of full enforcement and continues to operate under the “three strikes” procedures. CBP headquarters staff continues to review the “full enforcement” procedures and CBP will formally announce when this phase begins by issuing a CSMS notice.


by Roanoke Trade

A week from tomorrow marks the end of the final one-year limited liquidated damage (LD)/”three strikes” phase of a six-year evolution of ISF enforcement. In summary, here is what will change:

  • CBP Ports, who will continue to have flexibility in their processes, may commence issuing LD without HQ review and approval.
  • Ports will no longer be under HQ mandate to issue three warnings before assessing LD.

by Roanoke Trade

CBP has confirmed that emailing of bond images will not be necessary for any ISF single transaction bond (“Appendix D Bond”) filed as an eBond. That means that for any ISF STB that you create in FastBond™, the process has just become easier for you.

Because the ISF number must still be included on an ISF STB, there remain two steps to create the bond.


by Roanoke Trade

Per the December 11 CSMS message, effective January 10, 2015 CBP will no longer accept ISF Submission Types 5 (Late ISF-10 – No Bond) and 6 (Late ISF-5 – No Bond). It is no secret that CBP had always intended these provisions for acceptance of late ISFs without bonds to be temporary and available to importers on a one-time-only basis.


by Roanoke Trade

Per CBP CSMS #14-000520, effective October 1, 2014 the LA/LB Seaport will modify their enforcement posture for ISF no-file shipments. Per the statement, “CBP will continue to place manifest holds on all cargo (full container loads and consolidated loads) that does not have an ISF on file, 72 hours before vessel arrival at the LA/LB Seaport. CBP will manually monitor the existing holds to ensure the ISF information has been filed.” (Emphasis added.


by Roanoke Trade

CBP’s New York/Newark port issued its informational pipeline 14-024-NWK on August 4, 2014 advising they will immediately begin a “three strike” policy to enforce ISF violations. Refer to our July 14 posting for CBP’s sample violation letter.


by Roanoke Trade

CBP’s San Francisco port issued a notice on July 15 advising they will focus on ISF-10 enforcement for importers without the required ISF. CBP’s notice #728-14-11 can be found here.