On June 17th, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) 16-000499, advising tighter enforcement of the importer security filing (ISF) requirement will begin June 30, 2016. This will end the CBP “revised enforcement strategy” in place since May 2014.
What is changing?
For ocean shipments on the water on or after June 30, 2016, and for which CBP considers having violated ISF requirements, CBP ports will no longer be required to send requests for liquidated damages (LD) claims to CBP-Headquarters for review, and the “three-strike” approach to LD claims against importers’ bonds will also end. There is no change to cargo holds for ISF non-compliance; ports may hold cargo instead of (or in addition to) initiating LD claims. Naturally, these changes may present a challenge to small and new importers.
General information regarding Importer Security Filing ’10+2′ is available on the CBP website.
CBP has advised trade community questions on these changes may be directed to: security_filing_general@cbp.dhs.gov
As always, your general inquiries on the information provided here may be addressed to Livingston’s U.S. Regulatory Affairs group: usregaffairs@livingstonintl.com