On January 26, 2009, CBP issued a rule titled Importer Security Filing (“ISF”) and Additional Carrier Requirements (commonly known as “10+2”) went into effect.
Prior to merchandise arriving by vessel for importation into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker), must electronically submit certain advance cargo information to CBP in the form of an Importer Security Filing.
This requirement only applies to cargo arriving in the United States by ocean vessel; it does not apply to cargo arriving by other modes of transportation (e.g. air).
If an ISF Importer submits an inaccurate ISF, Port Directors may assess a claim for liquidated damages against the party in the amount of $5,000 per inaccurate ISF.
If you receive a claim for liquidated damages based on an ISF violation contact an attorney to discuss your legal options.
