The enforcement date and bond requirements for Importer Security Filing (ISF) began January 26, 2010. Customs and Border Protection (CBP) recently conveyed details about their enforcement strategy. They intend to use a “graduated” enforcement approach which they have used in some previous roll-out programs. CBP will not issue an official publication of their strategy, but details have been verbally communicated by CBP officials in public venues.
Highlights of CBP’s Graduated Enforcement Strategy
In the 1st quarter of 2010, CBP will not assess liquidated damages or issue Do Not Load (DNL) messages for ISF related violations. Warning letters will be issued and CBP will work with importers to take corrective actions for incomplete and inaccurate filings. Importers who do not file ISFs will receive warning letters and may also be subject to document reviews and/or non-intrusive inspections. Each non-compliant instance will be evaluated on a case-by-case basis. Only data collected as of January 26, 2010 will be used to enforce filing requirements.
In the second quarter of 2010, CBP will generally not issue liquidated damages or DNL messages except in the cases of egregious or repeated violations. CBP may consider other enforcement measures such as increased exams.
In the 3rd and 4th quarters of 2010, CBP will issue liquidated damages claims. Cargo holds may also be issued for importers that fail to file or correct ISFs. All ISF liquidated damages claims will be issued by the Ports, but will be processed and approved by CBP Headquarters for the first year.
CBP will continue to conduct outreach training events and will issue more regular updates to Frequently Asked Questions (FAQ).
For more information regarding ISF issues, please contact your FHK Account Manager or Jeanie Metzen at 316-721-8980 (Wichita) or Kerry Layton at 816-741-7500 (Kansas City).