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Importer Security filing (ISF 10+2) valuable information

U.S. Customs and Border Protection have implemented a new cargo security requirement for maritime carriers and importers known as the Importer Security Filing (ISF 10+2). The ISF (10+2) will be required prior to vessel loading at foreign ports. The ISF (10+2) generally will consist of 10 additional data elements from U.S. importers. In addition 2 data set items will be required from carriers. The Importer Security Filing and additional data from carriers will enhance CBP’s ability to identify high-risk cargo shipments.

As of January 26, 2010 this regulation will be mandatory, and fines plus liquidated damages will be assessed if its not properly transmitted 24 hours prior to vessel loading in origin.

Folgueras Customs Broker Corp is here to assist U.S. Importers with the ISF (10+2). As Customs brokers we can file the ISF (10+2) for our customers and educate them on the requirements that need to be met, and help prevent fines and/or liquidated damages. 

Below are important points that need to be known about the ISF.

-  The party required to submit the ISF is the party causing the goods to enter the limits of a port in the United States. Could be the owner, purchaser, consignee, or agent (e.g. customs broker)
-  The ISF must be updated, if after the filing and before the goods enter the limits of a port in the United States, there were changes to the information filed or more accurate information becomes available.
Note: The requirement to amend an ISF generally terminates when the vessel calls into the FIRST U.S. port, so the amendment must be done before.
-  ISF filings must be secured by a bond.
-  Current continuous bonds (CF301) will be accepted to cover ISF filings.
-  If an ISF Importer does not have a continuous bond it will need an Appendix D stand-alone ISF bond to cover its ISF entry, and it will also need the usual single transaction bond to cover entry, duties, etc.
-  A single ISF may cover multiple bills of lading.

Exemptions from the Security filing
-  Bulk Cargo is exempt from all ISF requirements.
-  “Exempt” Break Bulk is cargo that has already received a temporary exemption from CBP for the purposes of the 24 Hour Manifest Rule requirements. An ISF for “exempt” break bulk cargo needs to be filed no later than 24 Hours prior to U.S. arrival.
-  Ship’s Equipment.
-  Instruments of International Trade.
-  Cargo arrivals into the U.S. by modes other than vessel.
-  Department of Defense shipments which are exempt from manifest requirements.

The regulations are specifically intended to fulfill the requirements of section 203 of the Security and Accountability for Every (SAFE) Port Act of 2006 and section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002. The SAFE Port Act requires the Secretary of Homeland Security, acting through the Commissioner of CBP, to promulgate regulations to require the electronic transmission of additional data elements for improved high-risk targeting on cargo destined to the United States.

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