News & Insights

Per CBP CSMS #14-000520, effective October 1, 2014 the LA/LB Seaport will modify their enforcement posture for ISF no-file shipments. Per the statement, “CBP will continue to place manifest holds on all cargo (full container loads and consolidated loads) that does not have an ISF on file, 72 hours before vessel arrival at the LA/LB Seaport. CBP will manually monitor the existing holds to ensure the ISF information has been filed.” (Emphasis added. Previous policy used 48 hours prior to vessel arrival as the trigger.) Additionally, based on the ISF information filed, CBP will determine if additional enforcement measures are in order. This could include […]

October 13, 2014

CBP’s New York/Newark port issued its informational pipeline 14-024-NWK on August 4, 2014 advising they will immediately begin a “three strike” policy to enforce ISF violations. Refer to our July 14 posting for CBP’s sample violation letter.

October 13, 2014

CBP’s San Francisco port issued a notice on July 15 advising they will focus on ISF-10 enforcement for importers without the required ISF.

October 13, 2014

CBP has released a sample warning letter that it may use when notifying ISF importers of violations, consistent with their current “three strike policy.”  The sample letter can be found here.  This letter is intended to make importers aware of compliance issues pertaining to ISF filings, providing them an opportunity to correct issues and avoid liquidated damage claims for recurring errors.  Roanoke Trade encourages ISF importers to work closely with their customs brokers on ISF filings to assist with mitigating ISF exposures.

October 13, 2014

It’s been seven weeks since CBP’s internal memo to seaports resuming limited liquidated damage (LD) enforcement on ISFs. NCBFAA and the International Trade Surety Association (ITSA) requested a copy of the directive but CBP has declined to provide it. CBP maintains that an FAQ Addendum posted to their website sets forth the pertinent elements of the directive. Regarding the resumed enforcement phase: CBP has adopted a “three strikes” policy. Ports must undertake “informed compliance” outreaches to importers via phone, email, or letter for the first three (nationwide) violations. LD cases may be forthcoming beginning with the fourth violation. The three strikes threshold […]

October 13, 2014

Effective May 13, 2014, and continuing for one year, Customs and Border Protection (CBP) announced an amendment to its Importer Security Filing (ISF) Enforcement Strategy. As a follow-up measure, CBP issued an ensuing FAQ document which is an extension of the one-year review period that began July 9, 2013. CBP has modified its approach pertinent to the enforcement of ISF-10 filings. Ports will now implement enforcement actions for the most severe violations, such as ISFs that are significantly late or have gone missing. Tardiness is relative to the length of ocean voyage to the U.S., but the focus is also on the degree […]

October 13, 2014