Quest News™

June 7, 2013

CBP to issue notice regarding ISF Enforcement

Through our participation with the International Trade Surety Association (ITSA) and NCBFAA’s ISF Subcommittee, Avalon has been informed that CBP will be sending a CSMS notice shortly regarding the enforcement phase of its Importer Security Filing (ISF) program.

CBP intends to apply existing liquidated damage provisions to ISFs required to be filed on or after July 9, 2013.  It does not appear that enforcement actions will apply to the “ISF-5s” which are required for goods transiting but not remaining in the US.  This includes goods subject to immediate export or transportation and freight remaining on board.  CBP stressed that every liquidated damage enforcement action instituted by a port will be reviewed by CBP headquarters personnel before issuance.

For additional information, CBP encourages the trade to refer to the FAQ document posted on the CBP website.  As previously advised, CBP anticipates updating the current FAQs sometime this year and confirmed that the current Interim Final Rule still applies to all ISFs while CBP continues to work on the Final Rule.

As soon as we receive the CSMS message from CBP and its provisions for liquidated damages, we will keep you advised of our underwriting requirements and updates to our Web Merlin system for ISF issuance especially for non-files and late ISFs.  We thank you for your business and the time in reviewing our ISF materials, attending our webinars and learning more about our Web Merlin updates. To view past Quest issues and more information on ISF, please view our ISF archives and also refer to the Liquidated Damage Mitigation Guidelines for ISF.

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