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10+2 (ISF, or Importer Security Filing) Updates
Late notification of shipments
Several importers have increasingly been complaining about receiving notifications of routed ocean shipments well after departure and at times after arrival into the US. In order for the importer to handle their shipper's cargo, the ISF and entry must be filed. Even if the shipment is refused, it is already considered noncompliant with ISF since it has been laden onto a vessel that has left the country of export for a U.S. ocean port. Whether a penalty is issued by Customs and the importer is deemed responsible will depend upon many factors.
To prevent these situations, importers recently made a formal announcement to their shippers that ocean freight will not be transported without first receiving either the timely and accurate information required to file ISF or proof that ISF has already been successfully filed with Customs. This can be achieved either as an SOP or as part of the purchase order documentation.
NCBFAA issues recommendation for rerouted cargo
As of press time in late July, strikes and lockouts were being reported in Montreal. Freight is currently being rerouted to arrive into US ports and ISF was not filed prior to the vessel's departure.
The National Customs Brokers and Forwarders Association of America (NCBFAA) contacted Customs and Border Protection (CBP) and recommended that the applicable ISF be filed when the importer or importer's agent becomes aware that the cargo will arrive at a U.S. port via vessel or barge.
They noted that carriers will be required to file a manifest amendment or diversion report with CBP, thus providing visibility that the cargo has followed a path that was not originally intended.
NCBFAA also advised that CBP is aware of and monitoring the situation and they have been in contact with the carriers that normally call in Montreal.
CBP indicates that they remain committed to the measured enforcement approach they are currently following and will take the timing issues into consideration given the current situation.
Customs publishes new ISF FAQ
An updated version of the "10+2" ISF FAQs was recently posted to the CBP.gov website with a publication date of July 9, 2010.
Because they have not been published in the CATAIR or CAMIR implementation guidelines, several of the most recent modifications will not be available for use for a minimum of 30 days.
The new functionality that will not be immediately available includes:
- ISF Submission Type Changes
- Late ISF Filing (No Bonds)
- ISF Type 11 coded transaction (Informal Shipments)
Updates and "new questions" are highlighted in the document.
Register for an ACE account to combat identity theft!
All companies are encouraged to consider applying with CBP (Customs) for an ACE (Automated Commercial Environment) account. This no charge "secure data portal" allows a company to access a number of reports covering all Customs transactions made in its name. Not only can these reports aid with the company's Customs compliance, but they can alert the company to illegal usage of its name by unscrupulous parties for illicit importations.
AIT Custom Brokerage strictly adheres to CHB's requirement that Customs brokers "validate" the information on every POA. This is a time-consuming process that confirms the company information is valid and the signor of the POA is authorized to do so.
Not all brokers are as thorough.
For example, Nike officials have filed suit against brokers who they claim did not did not thoroughly validate a fraudulent POA. Customs entries were filed using the name of the company on the POA for products that infringed on Nike's property rights.
ACE is a fantastic resource for any company to use to audit the Customs transactions processed in its name.
Visit the links below for more information:
CBP page on ACE
Validating POA
Nike suit
If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department. |
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