CBP Set to Begin Issuing Liquidated Damage Penalties

Posted June 13, 2013
Category Company News
CBP has advised the trade community that effective July 9, 2013 full enforcement of the Importer Security Filing (ISF / 10 + 2) and its provisions will begin.  The full enforcement of ISF means CBP will start issuing liquidated damage penalties against ISF Importers and Carriers for non-compliance.  

Full enforcement actions will not apply to the “ISF 5s,” which apply to goods transiting, but not remaining in the US.  This includes goods moving on immediate export or transportation and exportation bond moves and to freight remaining on board. CBP stressed that every liquidated damages enforcement action instituted by a port will be reviewed by CBP headquarters personnel before issuance.

In a full enforcement environment, CBP will assess liquidated damages in accordance with the relevant mitigation guidelines which were published in the CBP Bulletin on July 17, 2009.  While there may be multiple errors on an ISF transmission, in accordance with the guidelines, CBP may assess a claim for liquidated damages as follows: $5,000 per late ISF, $5,000 per inaccurate ISF, and $5,000 for the first inaccurate ISF update.

For additional information, CBP encourages the trade community to refer to the ISF Frequently Asked Questions (FAQ’s)  document as posted on CBP’s which can be located by clicking Read More.

The trade community is invited to submit any specific questions or requests for additional information to CBP by clicking Here.

Please give us a call or send us an email if you have any questions.

Sincerely

Beth Raymond
Vice President, Imports

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