ISF Documents Must Have
Summary: ISF info and all documents from your supplier + Service Agreement + ISF filing is $95 + continuous bond or single ISF bond + and /or late single ISF bond and (click here for late ISF filing details).
- No matter what the value of the shipment!! ISF must be filed for all sea shipments!! and must have single ISF bond or continuous bond. (penalize/fines/liquidated damages up-to $5,000. 00).
- If you want us to file your ISF for you (to confirm), please fill-out a Service Agreement (click here) and email us all documents ( Drivers License , ISF info / Invoice / Packing List / Bill of Lading / bl).
- Please forward your continuous bond certificate or if need a continuous bond (click here) to apply, will take 5-8 working days (2 weeks) to be approved by us/US customs.
- Single ISF bond or late single ISF bond or usage of our broker bond can be approve within 30 mins, to confirmed please email or call. Single ISF bond fee will be add it to your Invoice as single ISF bond fee.
- ISF Filing or late ISF filing does not relief penalize/fines/liquidated damages from US customs, US customs has 5 years for final ruling. Consignee is responsible for all fees, us laws and international laws. . F. After/before ISF is filed, importer will be receiving Invoice . Payment can be made by company or personal check, or wire-transfer to US customs clearing.
If ISF is not filed with US customs ( CBP ), CBP can and will assessed penalty / fines of up to $5,000 for each violation(s). . Isf 10 + 2 filing is importer responsibility, no others. To avoid penalty " LET US FILE ISF FOR YOU TODAY "
Customs and Border Protection to Begin Enforcing Import Security Filing on July 9, 2013
Customs and Border Protection (CBP) announced that they will begin full enforcement of Importer Security Filing (ISF) regulations on July 9, 2013 and will start issuing liquidated damages against ISF importers and carriers for ISF non-compliance.
LATE OR INACCURATE ISF TRANSMISSIONS
CBP will assess liquidated damages in accordance with the relevant mitigation guidelines which were published in the CBP Bulletin on July 17, 2009. There can be multiple errors on an ISF transmission and in accordance with the guidelines, CBP may assess / fines 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.
Additional Statutory Penalties may be assessed for serious or repetitive violations.
FAILURE TO FILE AN ISF
Because liquidated damages cannot be assessed for the failure to file an ISF if no bond is in place, CBP will withhold the release or transfer of the cargo until CBP receives the required ISF information and has had the opportunity to review the documentation and conduct any necessary examination. CBP also reserves the right to not permit unlading of merchandise for which no ISF has been filed, and, if such cargo is unladen without permission, it may be subject to seizure.
STATUTE OF LIMITATIONS:
Pursuant to 28 U.S.C. § 2415, the statute of limitations for ISF liquidated damages is six years from the date of the breach of the bond. CBP will not limit its authority to enforce the ISF requirements.
First violation: If an ISF Importer incurs a liquidated damages claim for filing a late or inaccurate ISF or an inaccurate ISF update, the liquidated damages claim may be cancelled upon payment of an amount between $1,000 and $2,000, depending on the presence of mitigating or aggravating factors, if CBP determines that law enforcement goals were not compromised by the violation.
Subsequent Violations: If an ISF Importer incurs a subsequent liquidated damages claim for filing a late or inaccurate ISF or an inaccurate ISF update, the liquidated damages claim may be cancelled upon payment of an amount not less than $2,500 if CBP determines that law enforcement goals were not compromised by the violation.
No relief will be granted if CBP determines that law enforcement goals were compromised by the violation.
ADDITIONAL MITIGATION FOR C-TPAT PARTICIPANTS:
An ISF Importer which is a certified Tier 2 or Tier 3 C-TPAT member may receive additional mitigation of up to 50% of the normal mitigation amount, depending upon tier of C-TPAT participation.
" CBP will begin the liquidated damages phase of ISF enforcement on July 9, 2013. CBP may issue liquidated damages of $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. Liquidated damages in simplified terms refer to a penalty secured by a bond. If goods for which an ISF has not been filed arrive in the US, CBP may withhold the release or transfer of the cargo. . . Additionally, non compliant cargo could be subject to further inspection on arrival.
ISF enforcement taking effect July 9. Although answers to the few questions remaining open will be shared once the subcommittee receives them from CBP , highlighted below are the answers received to date.
- Importer security filing enforcement begins on July 9, 2013. All ISF s filed on or after that day, must be complete, timely and accurate.
- For practical purposes, CBP will measure timeliness from 24 hours prior to the ship’s departure.
- CBP has no message about the timeliness of the ISF . The ISF filing and acceptance are in the ISF history when a filer transmits and receives the acceptance.
- An ISF is not an entry and does not liquidate. There is no closing of an ISF transaction. The statutory limitation for liquidated damages is six years.
- For ISF s using a single transaction bond, the liquidation of the entry does not close the ISF.
- An ISF that is timely filed, but does not immediately match the manifest is not in violation. The filer must correct the information on the ISF to match the carrier manifest before the arrival of the vessel to avoid. Liquidated damages. CBP will still send out non-match warnings as they do now.
- CBP has informally told the trade that they will take a measured approach and focus the highest priority on negligent importers that have not filed and on importers that had been filing and then stopped. However,. All violations are subject to enforcement and CBP could issue penalties where they think it is necessary.
- All potential ISF liquidated damages cases will be sent to CBP headquarters for review. This will be in effect for at least the first 12 months.
- CBP will most probably not issue a claim for shipments that are a little bit late / missed by an importer that has consistently been compliant. Past performance will be part of the review and a good record will count
- CBP will not allow an entry if an ISF has not been filed. (remember the term “ ISF -jail" / " ISF -hold").
- CBP will watch for abuse of the use of an ISF without a bond for commercial shipments.
- A deleted ISF is not a non-file. There may be legitimate reasons to delete an ISF and replace it.
- There could be multiple reasons for liquidated damages penalties on a particular ISF . However, CBP has set a cap of a maximum of $10,000. 00 against any one ISF.
- There will be no comparison between the ISF and the entry. The ISF is for targeting. If there are differences between the manifest and the ISF or if there is an exam that shows that the ISF was incorrect, then the. Isf could be subject to liquidated damages.
- CBP will not generally consider small generic discrepancies as a violation of accuracy, for example shirts vs. Blouses.
- CBP will take systematic problems into consideration in reviewing the cases.
- CBP has the expectation that importers must be 100 percent compliant. If not 100 percent compliant, importers could be exposed to liquidated damages cases.
- All payment must received within 72 hours (3 days), to avoid cancellations/termination/deletion of your ISF filing. All Invoice is email only.
- If your ISF filing was deleted permanently/temporarily for non-payment, late-payment, late- ISF -filing, ISF info is/was misleading/missing, consignee didn't notify up-date/corrections and /or etc. , US customs. Can/will assess penalty / lien / fines / liquidated damages up-to $5,000. 00 per shipment to you/importer/consignee and /or shipment as " ISF -hold", until ISF is filed/re-filed correctly and /or could confiscate/seize.
- If " ISF -jail" / " ISF -hold", shipment could be delay 1-5 working days with storage fees (when your shipment is in us), exam (fees), pay other re-filing fees, pay ISF -jail" / " ISF -hold" release fees $45 and etc,.
- Please review 3 pages of ISF report (attach) and let us know if any correction needs to be made. All up-date/correction must be made 24 hours before you shipment could leave foreign port.
- If up-date/correction is made 23 hours and 59 mins before your shipment is about to leave foreign port or after your shipment has left foreign port. Us customs could/will exam, " ISF -hold" and etc.
- If your ISF filing is showing "no bill match", please contact your supplier/shipping company and let them know they must file AMS, 48 hours before your shipment could leave foreign port, otherwise it can " ISF -hold".
- You/importer/consignee is responsible: all fees, us laws, international laws, penalize/fines, all information's on all documents (arrival notice, Invoice , Packing List , Bill of Lading /BL) + HTC code and etc.
- For other hold(s) and etc by US customs, please view www.cbp.gov. US customs has 6 years for ISF final ruling and 6 years for customs clearing entry filing final ruling. "please do not assumed".