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U.S. Customs and Border Protection (CBP) announced that it would begin tighter enforcement of either late or inaccurate Importer Security Filings (ISF) beginning June 30, 2016. Non-compliant Importer Security Filings could result in an increase in penalties or cargo holds for importers at ports of entry. (CSMS #14-000283)
Updated Importer Security Filing (ISF) Enforcement
CBP recently issued a CSMS for updated Importer Security Filing (ISF) Enforcement.
This new phase of ISF enforcement applies to ISF-10 shipments, not ISF-5, for ocean shipments on the water on or after June 30, 2016.
CBP-HQ provided new guidance to the ports to issue any ISF claims within 90 days of discovering the violation.
Although CBP ports will no longer be required to take a "three-strikes" approach before issuing liquidated damage (LD) claims or send these claims to CBP-HQ for review, each port will continue to have authority to manage their local enforcement posture as they do today.
Per existing policy, CBP will continue to focus on "significantly" late ISF shipments that preclude or compromise CBP's ability to target the cargo before it arrives in the U.S. For example, West Coast ports have longer ocean voyages so "significantly" late may be ISFs that are not filed within 72 hours to 5 days prior to arrival of the cargo in the U.S. Other ports with shorter voyages may focus on 24 hours prior to vessel departure (what the law requires).
We also expect CBP to focus on repeat violators which can include ISF shipments that are inaccurate because there is no bill of lading match, and/or the match was not made timely and compromised CBP's targeting prior to the cargo's arrival in the U.S.
Although CBP delayed these enforcement changes for over a year, the webinar that CBP hosted last May still provides relevant information. We encourage you to view the CBP Webinar Recording, Presentation, Transcript, and Q&A .
For December, we are highlighting Jeffrey Bispham on the West Coast! Jeff has been in the industry for 26 years and remembers using a typewriter to prepare 7512's. He has always worked in the import/customs brokerage side of logistics. Jeff was adopted as part of the JAS Family when JAS acquired Tigers back in 2021 where Jeff had long tenure.
In October 2023, the JAS Forwarding (USA) Tacoma Foreign Trade Zone became an active FTZ in the JAS USA Network. Jeff became the FTZ administrator of that site and has been instrumental in building the compliance for our FTZ site on the West Coast.
Jeff enjoys all sports, although he would tell all that he has become more of a spectator than a player as the years have passed. Jeff enjoys being outdoors. But most of all, he enjoys spending time with his family. That time can often occur at the beach, or a Seattle sporting event (Mariners, Seahawks and Kraken).
Jeff is yet another great example that People Make the Difference!
In November, JAS USA Corporate Compliance team members teamed up with JAS Atlanta Branch team members to facilitate client compliance training. From left to right, Calvin Oh (Corporate Compliance), Scott Cassell (Corporate Compliance), Carlo Rebuffi (Manager of Live Animals Division-ATL), Laurie Arnold (VP Corporate Compliance), and Rishma Patel (CHB Manager-ATL). The team was able to facilitate learning on the topic of import compliance.
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