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 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.
MIQ LOGISTICS COMMENTS
For additoinal information please contact your local MIQ Logistics representative.