Any importer in the United States should be aware that failing to file an Importer Security Filing (ISF) or processing it after the due time can lead to serious consequences. Do not worry, if you have a customs broker and the necessary documentation at the right you will be able to avoid any penalties.
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What Is It All about? |
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An ISF is a requirement from the US Customs and Border Protection (CBP), a government agency entitled to protect US borders, for cargo arriving to the country by ocean, designed to avoid terrorist activities and went into effect since 2009. It is important to highlight that cargo coming by air or land are exempted from that requirement. The information provided in the ISF is expected to enhance security by informing the CBP the details of the cargo being shipped in advance. The requirement is that filing should be at least 48 hours before the ship sails.
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What Exactly Should Be Informed in an ISF? |
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The information on an ISF should satisfy the “10+2” rule, which should bring 10 data elements
from the importer and two from the steamship line.
These are the elements:
1. Name and address of the manufacturer or supplier of the goods being imported.
2. Name and address of the seller or owner of the goods being imported.
3. Name and address of the buyer or owner of the goods being imported.
4. Name and address of the entity that will take possession of the goods upon arrival in the
U.S.
5. The physical location where the cargo was loaded into the container.
6. Name and address of the party who loaded the container, if different from the shipper.
7. The identification number of the party responsible for the payment of duties and meeting
all legal requirements of the importation (Importer of Record number or Foreign Trade
Zone applicant).
8. The IRS number, EIN or SSN of the consignee, if applicable.
9. The country where the goods were manufactured, produced or grown (country of origin).
10. The HS Code (Harmonized Tariff Schedule code) noting the exact commodities being
imported.
11. Information about how the cargo is stowed on the vessel, including the container
numbers, descriptions of the cargo, and their location on the vessel.
12. Status updates about containers, such as when they're loaded, discharged or gated out
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If, after the filing is submitted — and before the goods enter the limits of a U.S. port — any of
the information submitted changes, or more accurate information becomes available, you’re
required to update the documentation. Similarly, if you no longer intend to import the goods, you
must withdraw the ISF and explain why.
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Penalties |
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If you fail to provide that information transmitted by your freight forwarder or customs brokers before the ship sailed, the fine can be up to $5,000. If the information declared on the ISF is inaccurate, than Customs can impose another fine of up to $5,000, but the penalties would never be more than $10,000. However, CBP can still hold or seize the cargo.
Do you need to file your ISF in a timely manner? Call Kim Line at (908) 238-3313 or reach out to us online |
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