June 24, 2016 | Customs Bonds, Industry Insights

A New Era in ISF Enforcement

Share This:
Featured Image

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.
  • Ports will initiate liquidated damage demands (“LD”) without Headquarters review.
  • Ports will no long be required to grant “three strikes”/issue informal warnings to importers.
  • There is no change to cargo hold policy. Ports may impose holds and/or issue LD as they see fit.
  • Individual ports retain discretion to set policy as to what constitutes a timely ISF (e.g., 72 hours before arrival in U.S., 24 hours from departure).
  • Ports are to endeavor to issue LD cases within 90 days of discovery of violation. Note that this is a non-binding CBP policy. Initiation of LD cases beyond this target time will not reduce importer/surety liability.
  • CBP is discussing whether to permit filers to generate ISF numbers (in much the same way that customs brokers currently generate entry numbers) to simplify the filing process.
  • An importer’s complete compliance record may be incorporated into petitions for mitigation/remission of LD.
  • CBP will continue to focus on carrier stow plan compliance.
  • The FAQ document is still under review for revision.

ISF-5 filing issues remain unresolved. CBP is to publish a notice of proposed rulemaking to address this. While ISF-5 enforcement is to be held in abeyance pending rule changes, we would counsel caution when asked to file 7512s on IE/T&E shipments.

 

Share This:

Related


Leadership Excellence: Karen Rzeszutko Represents Roanoke on USCIB Board

We are excited to share that Karen Rzeszutko, President of Roanoke Insurance Group Inc. has been appointed to the Board of Directors of the United States Council for International Business (USCIB) for the 2024-2026 term. This appointment recognizes Karen’s outstanding leadership and her significant contributions to the industry. The USCIB, a prominent organization dedicated to promoting the success of U.S. businesses globally, has welcomed new and reelected members to its Board of Trustees and Board of Directors. The announcement, made on May 20, 2024, in New York, NY, includes a diverse group of leaders from various sectors who will bring […]

Industry Insights

Guarding Against Fictitious Pickups and Cargo Theft: Tips and Training

Fictitious pickups are increasing in North America. In the US, the percentage of cargo thefts due to fictitious pickup rose from 1% in 2022 to 17% in 2023. Strategic theft patterns are also rising, where thieves use identity theft and fraud with fictitious pickup and brokering schemes to obtain loads from freight locations. Combatting this menace requires a combination of vigilance, technology, and a well-trained staff. Let’s explore some effective strategies for guarding against fictitious pickups and minimizing the risk of falling victim to scams. Per Tony Pelli, Practice Director, BSI Consulting, Specializing in Supply Chain and Security Risk Management, […]

Cargo Insurance, Industry Insights

Important CARM Update for Customs Brokers and Importers

On March 27th, the CBSA held a Trade Chain Partner Working Group meeting and announced the following changes related to CARM’s Release 2 (“R2”), coming May 13, 2024: The minimum bond amount requirement will change from $25,000 to $5,000 for all importers with the implementation of R2. The maximum bond amount will remain capped at $10,000,000 per RM account. As a reminder, the bond amount will be calculated at 50% of the highest month of duties and taxes (including GST and all debts/accounts receivables) over the previous 12-month period. CBSA cannot keep up with the paper bond filings (we have […]

Canada, Customs Bonds

Roanoke is the leading provider of insurance and surety solutions for transportation and logistics providers. In fact, we are recognized as the most reliable source for U.S. customs bonds.

Contact

If you have any questions or need help, feel free to contact with our team.

800-762-6653

US CORPORATE HEADQUARTERS

1501 E. Woodfield Road

Suite 400W

Schaumburg, IL 60173


CANADA CORPORATE HEADQUARTERS

390 Bay Street

Munich Re Centre, 22nd Floor

Toronto, ON M5H 2Y2

Solutions that Go the Distance.

© 2024 Roanoke Insurance Group Inc.

Better Business Bureau logoCoverholder at Lloyd's logo