Weekly Trade Briefings

On occasion, we publish Trade briefings for your review. Please feel free to contact us with your recommendations.

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Importer Security Filing Interim Final Rule - Finally Published

Posted on: 2008-11-30

The carrier and importer security filing was just published as an interim file rule on Tuesday November 25th. Although there are some notable changes from the Notice of Proposed Rule Making, many requirements of the ISF remain the same. There are 10 data elements that the importer is required to file, 2 data elements the carrier is required to file, and 5 data elements for freight remaining on board, T&E and I.E. bonded freight. The ISF is required to be filed with CBP 24 hours prior to the container being laden on the vessel, although there is some flexibility with the timing of two data elements. The importer security filing is not being treated as Customs Business. A power of attorney is required for agents filing the ISF on behalf of an importer. Changes contained in the Interim Final Rule are summarized below: To provide sufficient time for the trade to adjust to the new requirements, and where a good faith effort to comply is being made, CBP will “show restraint” in enforcing the rule during a period of 12 months after the effective date for all aspects of the filing rule. The effective date of the rule will be 60 days from the date of publication (Jan. 26, 2009). The timing of the filing of the Container Stuffing Location and the Consolidator (stuffer) name and address will be flexible, but must be submitted as early as possible, and in any event no later than 24 hours prior to arrival in a U.S. port (or upon lading at the foreign port if that is later than 24 hours prior to arrival in a U.S. port). The Manufacturer (supplier), Ship-to party, Country of Origin and Commodity HTSUS number will be flexible with respect to the interpretation, allowing for a range of acceptable responses based on facts available to the importer at the time filing. The liquidated damages amount for violations of the ISF requirements have been changed from the value of the merchandise, as proposed, to $5,000 per violation. The requirement for break bulk cargo to be included on vessel stow plans has been removed, and container status messages are being required for empty containers. The label for the party required to submit the ISF has been changed from “importer” to “ISF Importer,” which is further clarified as the owner, purchaser, consignee or agent such as a licensed customs broker