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24April 2018

Importer Security Filing (“ISF”) Penalty

On January 26, 2009, CBP issued a rule titled Importer Security Filing (“ISF”) and Additional
Carrier Requirements (commonly known as “10+2”) went into effect.

Prior to merchandise arriving by vessel for importation into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker), must electronically submit certain advance cargo information to CBP in the form of an Importer
Security Filing. This requirement only applies to cargo arriving in the United States by ocean vessel; it does not apply to cargo arriving by other modes of transportation (e.g. air).

ISF Importers, or their agent, must provide eight data elements, no later than 24 hours before the cargo is laden aboard a vessel destined to the UnitedStates. Those data elements include:
• Seller
• Buyer
• Importer of record number / FTZ applicant
identification number
• Consignee number(s)
• Manufacturer (or supplier)
• Ship to party
• Country of origin
• Commodity Harmonized Tariff Schedule of
the United States (HTSUS) number

Two additional data elements must be submitted as early as possible, but no later than 24 hours
prior to the ship’s arrival at a U.S. port. These data elements are:
• Container stuffing location; and
• Consolidator

Failure to comply with the new rule could ultimately result in monetary penalties, increased inspections and delay of cargo.

Late filing. If an ISF Importer submits a late ISF, Port Directors may assess a claim for liquidated damages against the party in the amount of $5,000 per late ISF.

Inaccurate filing. If an ISF Importer submits an inaccurate ISF, Port Directors may assess a claim for liquidated damages against the party in the amount of $5,000 per inaccurate ISF.

If you receive a claim for liquidated damages based on an ISF violation contact an attorney to discuss your legal options.

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