ISF 10+2 COMPLIANCE NEWS

PRESS RELEASES...view press release from software vendors, forwarders, and carriers regarding ISF 10+2 Importer Security Filing, Click Here

Latest Importer Security Filing News: 

May 5, 2015 U.S. Customs and Border Protection (CBP) has announced that Full Importer Security Filing (ISF) Enforcement will begin on May 14, 2015. Learn More Full Enforcement of Importer Security Filing (ISF)


June 07, 2013 On June 7, 2013, U.S. Customs and Border Protection (CBP) issued CSMS #13-000298 announcing that liquidated damages will be issued against noncompliance of the Importer Security Filing (ISF), starting on July 9, 2013.
In the CSMS, CBP states In order to achieve the most compliance with the least disruption to the trade and to domestic port operations, CBP has been applying a measured and commonsense approach to Importer Security Filing (ISF or 10+2) enforcement. On July 9, 2013 CBP will begin full enforcement of ISF, and will start issuing liquidated damages against ISF importers and carriers for ISF non-compliance. CBP will enforce ISF based on the Interim Final Rule, published on November 25, 2008.

April 20, 2012 U.S. Customs and Border Protection (CBP) has just recently announced that it will begin enforcement of the Importer Security Filing ISF Form requirements for ocean shipment to USA and issuing liquidated damages (penalties of $5,000 for each violation; up to $10,000 per shipment) for non-compliant ISF filings sometime before the end of summer 2011. Get Protected now with Freightgate Compliance Solutions. Request a Free Demo http://www.freightgate.com/test_drive_shipper.php

February 10, 2012 Free Online Ocean Sailing Schedules for more than 30 Ocean Freight Carriers
Logistics Portal, the logistics industry best website for freight and supply chain information covering air, ocean, intermodal, rail, and trucking, has recently added ocean carrier sailing schedules for more than 30 ocean freight carriers serving cargo shipping ports around the world all at no cost to the user. Click Here Visit the Logistics Portal

July 15, 2010 Updated FAQ list for 10+2 Form Importer Security Filing
CBP has issued a newly updated FAQ list to help ocean importers for the 10+2 ISF Importer Security Filing. Download a copy, Click Here CBP FAQ 10+2 Importer Security Filing July 2010

March 19, 2010 CBP issues new 10+2 ISF Form Presentation
CBP has issued a newly updated slide presentation on 10+2 ISF Importer Security Filing. Download a copy, Click Here CBP 10+2 Presentation March 2010

February 01, 2010 COMPLIANCE-TREK! SOFTWARE ENHANCED WITH NEW IMPORTER SECURITY FILING FEATURES
Freightgate’s Compliance-Trek! Software will enable importers to fulfill their Importer Security Filing responsibilities avoiding penalties and shipment delays. Learn more about these new security filing features. Start saving time and money! Ask about Freightgate's Low Introductory Offer  Click Here.

January 28, 2010 CBP ISSUES NEW UPDATED FAQ LIST FOR IMPORTER SECURITY FILING 10+2 FORM ISF REQUIREMENTS
CBP has issued a new updated a new updated list of frequently asked questions and answers regarding the Importer Security Filing 10+2 program. To read the latest FAQs: Last Updated: January 28, 2010 CLICK HERE TO DOWNLOAD

January 26, 2010 ISF IMPORTER SECURITY FILING COMPLIANCE STARTS TODAY
From the current information we have received, CBP enforcement will be enacted in three stages. Beginning January 26 to April 30, 2010, CBP enforcement will focus on importers that have never filed the data, and filers that file incomplete data or don’t meet the deadline the 24 hours before a vessel sails from a foreign port.

Starting about May 2010, CPB will hold shipments of noncompliant companies, and begin additional enforcement measures and random inspections. Sometime around June, CBP will start assessing liquidated damages. If everything is on schedule, the Importer Security Filing program will be in full enforcement by year-end.

If you have been advised with any other new information, please email your information to us: info@logisticswisdom.com

December 09, 2009 NEW ISF IMPORTER SECURITY FILING COMPLIANCE STUDY
American Shipper and BPE invite you to download a free copy of our latest research study “ISF Benchmark Report: Achieving Compliance – Against All Odds.” Get your free copy go to our NEWS page. CLICK HERE TO DOWNLOAD

CBP Release New FAQ on Importer Security Filing ISF 10+2
On Septmeber 30, 2009 U.S. Customs and Border Protection (CBP) has published an updated Frequently Asked Questions FAQ on the Importer Security Filing 10+2 Program CLICK HERE TO DOWNLOAD

September 29, 2011 - New California Supply Chain Security Law Cross Border Services simplifies C-TPAT Certification

No-Show Container Surcharge – Another Reason to Have Better Ocean Shipment Visibility - LEARN MORE click here

Freightgate and PayCargo Form Alliance to Improve Ocean Transportation Invoice and Payment Processing - LEARN MORE click here

NEW STUDY:  ISF Benchmark Report: Achieving Compliance – Against All Odds
American Shipper and BPE invite you to download a free copy of our latest research study “ISF Benchmark Report: Achieving Compliance – Against All Odds.”

This benchmark study, produced in partnership with the American Association of Exporters and Importers (AAEI), the International Compliance Professionals Association (ICPA), and the National Retail Federation (NRF), is provided to you for free courtesy of our sponsors, Descartes Systems Group and Integration Point. 

This report is the sequel to our initial review of the importer security filing (ISF) regulation conducted in the spring of 2009. Our latest study examines more than 200 U.S. importers on their ISF compliance efforts. With the January 26th deadline arriving in the very near future, the results of this report will truly capture the pulse of the industry before this radical change. Key takeaways include:

Register now to get your copy while it is available for free: www.AmericanShipper.com/ISF

CBP Release New FAQ on Importer Security Filing ISF 10+2
On Spetmeber 30, 2009 U.S. Customs and Border Protection (CBP) has published an updated Frequently Asked Questions FAQ on the Importer Security Filing 10+2 Program CLICK HERE TO DOWNLOAD


NEW IMPORTER SECURITY FILING BROCHURE

U.S. Customs and Border Protection (CBP) has published an informational brochure titled, "Importer Security Filing and Additional Carrier Requirements."

The brochure provides an overview of the Importer Security Filing (ISF) and Additional Carrier Requirements program, which became effective on January 26, 2009. The brochure includes information on the following topics:

- What is an ISF?
- Who is responsible for filing ISF data?
- What data elements must be filed, both for normal vessel shipments as well as freight remaining on board (FROB), immediate export (IE), and transportation and export (T&E) shipments?
- How will ISF be enforced?

The brochure also provides links to further information on ISF. The brochure is dated August 2009. CLICK HERE TO DOWN


Importer Security Filing Event Schedule Updated August - Sept 2009 Outreach

U.S Customs and Border Protection (Customs, CBP) has updated its online schedule of Importer Security Filing (ISF, “10 + 2”) outreach events. The events are intended to provide the trade community with an opportunity to learn more about the new Importer Security Filing and Additional Carrier Requirements interim final rule which was published on November 25, 2008.

Events are being held in the following cities in August 2009:
Philadelphia, PA - Wednesday August 19, 2009
Seattle/Tacoma, WA - Wednesday August 19, 2009
Boston, MA - Wednesday August 26, 2009
Houston, TX - Wednesday August 26, 2009

Events are scheduled in the following cities in September 2009:
Baltimore, MD - Wednesday, September 2, 2009
Long Beach, CA - Wednesday, September 2, 2009
Miami, FL - Wednesday, September 9, 2009
Charleston, SC - Wednesday, September 9, 2009
Chicago, IL - Wednesday, September 23, 2009
Oakland/San Francisco, CA - Wednesday, September 23, 2009
Washington, DC - Friday, September 25, 2009
Norfolk, VA - Wednesday, September 30, 2009
Newark, NJ - Wednesday, September 30, 2009

Registration for upcoming events is available through links presented in the online notice. Customs encourages interested parties to pre-register as space is limited.

The full text of the notice can be accessed online at: http://www.cbp.gov/xp/cgov/trade/trade_outreach/09_outreach_schl.xml

CBP Publishes Mitigation Guidelines For Importer Security Filing

On July 17, 2009, U.S. Customs and Border Protection (CBP) published in its CBP Bulletin mitigation guidelines for the Importer Security Filing (ISF) program.

According to the guidelines, there are potentially three situations for which liquidated damages may be issued:
- Inaccurate submission of an ISF: CBP will issue a liquidated damages case in the amount of $5,000.
- Late submission of an ISF: CBP will issue a liquidated damages case in the amount of $5,000.
- Failure to withdraw an ISF: CBP will issue a liquidated damages case in the amount of $5,000.

In addition, a list of mitigating and aggravating factors has been published in the guidelines. Mitigating factors include:
- Evidence of progress in implementing ISF compliance during the phase-in period.
- A small number of violations compared to the number of ISFs.
- C-TPAT Tier 3 and Tier 2 importers will receive consideration of up to 50% mitigation for violations importer has demonstrated that remedial actions have been taken to address circumstances surrounding the violation.
- Late ISF filings due to circumstances beyond the importer's control.
- Receiving incorrect information from another party or supply chain, if this information is found to be incorrect at a date later than allowed under the correction timeline.

Aggravating factors include:
- Lack of cooperation with CBP.
- Smuggling attempts and other actions contrary to law in association with the shipment.
- Multiple errors on one ISF.
- A rising error rate calculated over all ISFs.

The mitigation guidelines become effective July 17, 2009.

The CBP Bulletin can be accessed online at: http://www.cbp.gov/linkhandler/cgov/trade/legal/bulletins_decisions/bulletins_2009/ vol43_07172009_no28/43genno28.ctt/43genno28.pdf


CBP Amends ISF Carrier Requirements

In a Federal Register notice published July 14, 2009, U.S. Customs and Border Protection (CBP) published amendments to the interim final rule titled, "Importer Security Filing and Additional Carrier Requirements."

The notice amends 19 CFR 149.2(b) by adding in timing requirements for those shipments intended to be transported in-bond and as an immediate exportation (IE) or a transportation and exportation (T&E). Data elements for these shipments are to be transmitted "no later than 24 hours before cargo is laden aboard the vessel at the foreign port."

In addition, corrections have been made to CBP responses to two comments in order to align them with the regulatory text. One of the corrections clarifies the fact that an Importer Security Filing "must be amended if there is a change before the goods enter the limits of a port in the United States...However, amendments to the Importer Security Filing will be accepted at any time after the goods arrive in a port in the United States." The second correction clarifies the carrier requirements for submitting container status messages (CSM) to CBP.

The interim final rule was firs published on November 25, 2008

The Federal Register notice can be accessed online at: http://edocket.access.gpo.gov/2009/pdf/E9-16539.pdf

American Association of Exporters and Importers (AAEI) Voices Concern Over 10+2 Compliance Costs

The American Association of Exporters and Importers (AAEI) filed comments at the end of last week in response to the Interim Final Rule on Importer Security Filing (ISF), also known as '10+2'. In a statement, the association said its views could which be summed up in a single word, "caution". Expanding on that comment, the AAEI said it had expressed concern to US Customs and Border Protection (CBP) that the costs of complying with 10+2, which requires cargo information, for security purposes, to be transmitted to CBP agents at least 24 hours before goods are shipped to the US, were still unknown.

"In the first months of implementation, the only cost CBP is capturing is the transaction fee for filing," claimed the AAEI. "However, AAEI notes that the true costs are much higher, especially for small and medium-sized enterprises. Plus, hidden costs of 10+2 compliance will add up quickly due to delays and slowdowns in the supply chain."

The AAEI said it was also concerned about "the lack of tangible benefits for voluntary participation in the costly C-TPAT program" and recommended that CBP allowed C-TPAT members to satisfy 10+2 requirements by providing routine data at the aggregate level for common shipments.

AAEI General Counsel (Interim Executive) Marianne Rowden added: "We are collecting information from our members as they experience the first stages of 10+2 and we urge CBP to re-evaluate the program before it goes forward with its plan to begin full enforcement on January 26 next year."

Read the AAEI 10+2 Comments - click here



logistics success

CBP to Send ISF Status Notifications Matched to Manifested Bills of Lading

In a Cargo Systems Messaging Service (CSMS) message on May 14, 2009, U.S. Customs and Border Protection (CBP) announcing new status notifications for Importer Security Filings (ISF).

According to the message, when an ISF Is submitted, CBP "attempts to match the House or Regular Bills of Lading (BOL) provided therein against those submitted in a Manifest filing," and conversely when a Manifest filing is submitted, CBP "attempts to match the House or Regular Bills of Lading provided therein against those submitted in [an ISF]."

Effective May 27, 2009, upon the first successful match, CBP will transmit a "SECURITY FILING ON FILE" status notification message to the BOL issuer and all secondary notify parties. If an ISF had been previously matched to a Manifest filing and was deleted, CBP will transmit a "SECURITY FILING DELETED" status notification (providing there are no other ISFs matched to the BOL).

The message also notes that the new status notifications are for informational purposes only, and were created per request of the trade. No actual ISF data elements will be provided to the BOL issuer, and "the vessel operator, vessel operating carrier and NVOCC are not required by CBP to verify that a security filing has been filed against a bill of lading.

On November 25, 2008, U.S. Customs and Border Protection (Customs, CBP) published in the Federal Register an interim final rule regarding its Importer Security Filing and Additional Carrier Requirements program, commonly known as

ISF or “10 + 2”. The rule requires importers and vessel carriers to electronically submit additional data items about imported cargo to Customs other than data currently submitted when making entry or manifesting ocean cargo destined for the U.S.

The full text of the CSMS message can be accessed online at: http://apps.cbp.gov/csms/viewmssg.asp?Recid=17614&page=& srch_argv=09-000224&srchtype=all&btype=&sortby=&sby


CBP Delays Implementation of Changes to ISF Transaction Sets

On May 11, 2009, U.S. Customs and Border Protection (Customs, CBP) issued Cargo Systems Messaging Service(CSMS) message 09-000220 announcing that it will delay the implementation of pending changes to the Importer Security Filing (ISF) Transaction Sets for ABI and AMS.

The Transaction Sets currently awaiting changes are: • ANSI X12 309 Importer Security Filing • Importer Security Filing - CAMAIR • Importer Security Filing - CATAIR
• Importer Security Filing Status Advisory - CATAIR
• Cargo Release - CATAIR
• Entry Summary - CATAIR
• Foreign Trade Zone - CATAIR

The messages states that due to requests by the trade, the changes will be delayed until the end of June. The effective date of the changes will be announced approximately one week in advance.

In addition, CBP has increased the edits in place for the current transaction sets. As a result, ISF filers may notice an increase in number of rejections received for ISF submissions. According to the message, the rejections "are an appropriate validation of the current Transaction Sets indicating that the data is missing or incorrectly submitted."

The full text of the CSMS message can be accessed online at: http://apps.cbp.gov/csms/viewmssg.asp?Recid=17610&page=&srch_argv =09-000220&srchtype=all&btype=&sortby=&sby


ISF Benchmark Study: From Concept to Compliance

American Shipper, BPE and the International Compliance Professionals Association (ICPA), are pleased to invite you to download a free copy of our latest research study “ISF Benchmark Report: From Concept to Compliance.” 

This benchmark study, sponsored by Customs Info/Global Data Mining, Descartes Systems Group, Inovis and Management Dynamics, examines more than 200 U.S. importers on their importer security filing (ISF) compliance efforts. The study reviews the challenges involved in complying with ISF, and offers actionable guidance for importers in time for the June 1 deadline to submit comments to U.S. Customs and Border Protection on the Interim Final Rule. 

ISF regulations, also known as the “10+2” rule, have become a lightning rod for criticism from the trade community and a source of frustration, added cost and concern for U.S. importers. Importers have until June 1 to file their comments on ISF regulations with CBP. This research study arms readers with concrete facts to benchmark their operations, support their comments to CBP, and apprise senior management. The report examines how importers are approaching ISF compliance, the processes they are employing, issues they are facing, barriers to their success, emerging trends and more. Register now to get your free copy: www.AmericanShipper.com/ISF

January 23, 2009 - CBP Release new update frequently asked question list. To review the latest questions and answers, CLICK HERE


ISF 10+2 Public Participation Period
The public is invited to participate and share comments are requested on only the six data elements for which CBP is providing some type of flexibility (container stuffing location, consolidator (stuffer), manufacturer (or supplier), ship to party, country of origin, and commodity HTSUS number) and the requirements related to those elements discussed in section 149.2(b) and (f). CBP also invites comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis, including compliance costs for various industry segments, the impact of the flexibilities provided in this rule, and the barriers to submitting Importer Security Filing data 24 hours prior to lading. CBP urges commenters to reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authorities that support such recommended change.

Comments must be received on or before June 1, 2009.

You may submit comments, identified by Docket Number USCBP-2007-007 , by one of the following methods:

Website: Federal eRulemaking Portal: http://www.regulations.gov.

Mail: Border Security Regulations Branch, Office of International Trade,
U.S. Customs and Border Protection, 799 9th Street, NW., Washington, DC 20001

Instructions: All submissions received must include the agency name and document number for this rule making. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to http:// www.regulations.gov.
Submitted comments may also be inspected on regular business days between the hours of 9 a.m. and 4:30 p.m. at the Office of International Trade, Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 325– 0118. For further information contact Richard Di Nucci, Office of Field Operations, (202) 344–2513.

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CBP Importer Security Filing ISF 10+2 2009 Outreach Schedule

Waashington December 23, 2008 - CBP is hosting trade outreach events in various locations around the country to provide the trade community with an opportunity to learn more about the new Importer Security Filing and Additional Carrier Requirements (a.k.a. ISF/10+2) interim final rule. These events are intended to give the importing and filing community a basic understanding of how to fulfill the new requirements. Space is limited so please pre-register using the CBP on-line registration process.

The following cities are scheduled for January 2009:
Oakland, CA - Wednesday January 14, 2009
Baltimore, MD - Thursday January 22, 2009
Philadelphia, PA - Friday January 23,2009
Charleston, SC - Wednesday January 28, 2009
Savannah, GA - Thursday January 29, 2009

Note: Specific event information with location details and further instructions will be emailed to registrants after completion of the on-line registration process. Dates for the following cities will be announced in the near future:
Houston, TX
Boston, MA
Miami/Port Everglades, FL
Long Beach, CA
Chicago, IL
Norfolk, VA

ISF/10+2 outreach events have already occurred in the following cities:
Long Beach/Los Angeles, CA - December 9 & 10th, 2008
Seattle, WA - December 11th, 2008
Newark, NJ - December 16 & 17th, 2008
Note: This schedule is subject to change and certain locations may be repeated based on demand.

Source: http://www.cbp.gov/xp/cgov/trade/trade_outreach/09_outreach_schl.xml

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PRESS RELEASES...view press release from software vendors, forwarders, and carriers regarding ISF 10+2 Importer Security Filing, Click Here

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The Commonwealth of the Northern Mariana Islands To Transition to U.S. Immigration Law....most likely 10+2 will apply to Guam

Washington, D.C. (December 8, 2008) – On June 1, 2009, U.S. immigration laws will begin to be applied in the Commonwealth of the Northern Mariana Islands (CNMI). This is to be effectuated through U.S. Public Law 110-229, the Consolidated Natural Resources Act of 2008 ("the CNRA"), enacted by the U.S. Congress and signed into law by President George W. Bush on May 8, 2008. 

Although U.S. immigration laws will fully apply in the CNMI, the enacting law contains a number of special exceptions and provisions relating to the CNMI that provide for the continued presence of aliens whose admission was previously authorized by the CNMI. The most significant provisions of the CNRA are listed below: 

Includes the CNMI in the definition of “United States” under the Immigration and Nationality Act. 

The Department of Homeland Security will become responsible for the inspection and admission of aliens into the CNMI, deportation and removal of aliens from the CNMI, granting of U.S. immigration benefits, and administration of U.S. protection law. 

The Department will be responsible for operating air and sea ports of entry and establishing departure controls for flights destined for other parts of the United States. 

The CNRA provides for the continued presence of aliens whose admission was authorized by the CNMI before the transition period. The law also creates a nonimmigrant transitional worker status intended for foreign workers needed by CNMI employers who are not otherwise eligible for an employment-based status under the INA during the transition period. 

Establishes a transition period that will last initially until December 31, 2014. The law allows for extensions of certain provisions of the transition period. Extensions will be determined by the Secretary of Labor. 

Provides for the Department of Homeland Security, through U.S. Citizenship and Immigration Services (USCIS), to immediately resume its role as a protection consultant with regard to asylee and refugee protection, followed by full federal assumption of responsibility for these functions on the transition program effective date. The INA section on asylum, however, continues to be inapplicable to the CNMI during the transition period. 

Amends the Guam Visa Waiver Program statute to create a Guam-CNMI Visa Waiver Program and extends the authorized period of stay from 15 days to 45 days, as of the beginning of the transition period. Creates a nonimmigrant transitional worker immigration status during the transition period. 

Continues lawful presence and employment authorization (if applicable) for aliens lawfully admitted by the CNMI as of the transition program effective date. Such lawful presence and employment authorization will remain valid until the end of the CNMI authorization or at the end of two years – whichever is first. 

Provides for treaty investor nonimmigrant status for aliens with certain CNMI authorized long-term investor status. 

Exempts the CNMI and Guam from the statutory caps on the number of H nonimmigrant temporary workers during the transition period. 

Limits the removal of aliens lawfully present in the CNMI as of the start of the transition period on the basis of presence without admission or parole during the initial two years of the transition period or until that lawful status expires, whichever occurs first. 

Eliminates the provision in the Covenant specifying that immigration-related fees are paid to the CNMI government, given that the Federal Government is to assume immigration responsibilities in the CNMI. Imposes an annual supplemental fee of $150 per nonimmigrant transitional worker to fund vocational educational curricula and program development by CNMI educational entities. 

Specifies that prior residence in the CNMI will count as residence in the United States for a permanent resident alien who may otherwise have been considered to have abandoned residence in the United States by residing in the CNMI. 

Authorizes the Department of Homeland Security to establish operations in the CNMI prior to the beginning of the transition period. 

Limits the number of temporary foreign workers in the CNMI during the period between enactment of the CNRA and the start of the transition period. Specifically, the number of temporary workers is capped at the number present in the CNMI as of the date of enactment (May 8, 2008). 

Requires the Departments of Homeland Security, Labor, and Justice to recruit and hire personnel from among qualified local applicants, to the maximum extent practicable.
For more information, please refer to the following press releases from the U.S. Department of Homeland Security: 

- Transition to U.S. Immigration Law in the CNMI – Background and Detailed Information (http://www.dhs.gov/ximgtn/programs/gc_1225725411526.shtm) 

- Overview of Transition to U.S. Immigration Law in the CNMI (http://www.dhs.gov/ximgtn/programs/gc_1226064183502.shtm)


ISF 10+2 GUIDE





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