Import Security Filing

CPB requires that the Import Security Filing (ISF) must be filed 24 hours prior to the vessel departure date. We recommend 72 hours prior to departure. Weekends and holidays also must be taken into consideration in this regard to avoid serious penalties.

The penalties that may occur in different cases on ISF filing process are as follows:

Failure to file an ISF

In the case of failing to file an ISF on an import shipment, CBP will choose one of several penalties for this issue. These penalties include:

• The issuance of a Do Not Load (DNL) message to the carrier at the foreign port of lading
• Withholding permission issued to the carrier to unload the subject goods at the first U.S. port of arrival
• Delay in issuing permission to unload at the first U.S. port of arrival, issuance of a seizure notification
• Withholding Customs release of the goods allowing the goods to move to General Order (G.O.) and the issuance of a liquidated damages case
• Intensive examination of the subject cargo

An Inaccurate Submission of Information on an ISF

An inaccurate submission will result in a penalty of $5000. CBP will allow parties to present information that they believe to be reasonably true at the time of filing, and will continue to be flexible as long as the importer is able to demonstrate that it has taken measures to verify the information to the extent commercially possible.

Additionally, CBP acknowledges that some data is beyond the control of the importer, such as rolled bookings and vessel diversions. In those cases CBP will take these factors into account when issuing liquidated damages cases.

A Late Submission of an ISF

A late submission will also result in a penalty of $5000.

The Failure to Withdraw a Filing

Failure to withdraw filing will also result in a penalty of $5000. In this case, CBP urges importers to withdraw an ISF when it is known to be invalid.

Links

• Security Filing "10+2"
  
  U.S. Customs and Border Protection
• ISF Authorization Agreement
• Importer Security Filing Information 10+2 Form

Forms

• ISF Non-Compliance Form
• Notice of ISF Non-Compliance

Please call Charles M Schayer & Company with your questions and concerns.

• Denver — 303-399-5160
• Los Angeles — 310-641-3060
• Phoenix — 602-233-3855
• Seattle — 206-242-0600