CBP Final Ruling for ISF

This section will cover the specifics of the final ruling from CBP for Importer Security Filing (10+2).  This includes all changes made to the proposed ruling, as well as clarification on the specific details of these new reporting requirements.  

Click this link for the complete Final Ruling from the Federal Register

Time Frames

CBP has announced the official dates for Importer Security Filing

Effective Date - January 26, 2009 - This will begin a one year period of informed compliance.

Full Compliance Date - January 26, 2010

• CBP expects all importers to comply with ISF requirements during this time frame

• They can delay this 1/26/2010 date for any reason, such as if any necessary systems modifications are not yet in place.

Penalties - Once in full compliance, the liquidated damages amount is $5,000 per violation

Party Information

Importer - The ISF importer is the goods’ “owner, purchaser, consignee, or agent such as a licensed customs broker”

• Will usually be the IOR, but can be another party in some situations

• The ISF importer of record number is a required data element

Bonds - The ISF Importer must have a bond.  The ISF filer is not required to have a bond.

• Bonds are not required for ISF transmissions until the 1/26/2010 Full Compliance date.

• The required bond can be any one of the following:

• Basic import and entry bond (same kind needed for an IOR on an entry)

• All continuous bonds are acceptable

• Single entry bonds (SEB) will be evaluated and accepted on a case by case basis

• Basic custodial bond

• International carrier bond

• FTZ operator bond

• An Importer Security Filing bond

• the format for the ISF bond is set out in the new Appendix D of part 113 of the regulations.

Party Identification - CBP has clarified the required data for parties

• Seller/Buyer/Manufacturer/Ship-to party/Container stuffing location/Consolidator

• Can be identified using “a widely recognized commercially accepted identification number for this party may be provided in lieu of name and address”

• Manufacturer - CBP states that it will NOT accept MID as an alternative to complete name and address of the manufacturer

•  D&B DUNS may be accepted

• Ship-to Party - The first deliver-to party after CBP release.

• “A container freight station can be the ship to party if…it is the first place of delivery after the goods have been released from customs custody”.

• FIRMS code for such a party may be an acceptable identification method

• Consignee number - must be the same as reported on the CF3461

Flexibility in Reporting

For the data elements Manufacturer/Ship-to party/Country of origin/HTSUS number - CBP states that it will be OK for importers to supply timely information based on the info known at the time

Container stuffing location/Consolidator (stuffer) may be provided as soon as possible and up to 24 hours prior to arrival at a US port.

• Partial filing is required for the 8 required elements.

• Filings must be updated as soon as more precise or accurate information becomes available.

Other Data Elements

Container Numbers- optional

• if submitted, do not have to be linked to a particular stuffing location (you must report all the different stuffing locations).

HTSUS - CBP will compare classifications from entry to ISF to analyze and assess risk and to validate the ISF data

Messaging - CBP will issue new messages to filers for ISF filings

• Do Not Load (DNL) messages - CBP indicates it will not issue DNL for missing ISF until the ISF time period has passed.

• At this point, it's not clear if this means that the carrier will get a message prior to loading

• CBP notes that the AMS filer of the manifest could add a “secondary notify party” in their transmissions and DNLs would be sent to that secondary notify party as well.

• The filer of the bill of lading (the carrier) WILL be notified via AMS that an ISF has been received for the bill of lading

• For additional information on ISF or the CBP ruling, check out the Additional ISF Information