IMPORTER SECURITY FILING
It is the importer’s responsibility to obtain the required ISF data elements and ensure U.S. Customs receives them 24 hours before the vessel is loaded at port of origin.
You or your supplier submit complete shipment documents that contain the necessary information elements to us 72 hours before vessel loading via e-mail (my email) or fax (my number). We will use the information on the documents to ensure the ISF is made 24 hours prior to the vessel loading.
Common Questions about ISF
10+2 was the ‘working title’ of a proposed rule for the implementation of a new security program required by the Safe Port Act of 2006. The proposed rule requires 10 data elements from importers, and 2 more from carriers (hence 10+2). The program is designed to enhance CBP’s ability to identify high-risk shipments by asking importers to provide advance information on all ocean freight shipments. The ‘final rule’ for 10+2, now known as the Importer Security Filing (ISF) has been published, which means that, with exceptions, CBP will not invite further comments from the public on the program. There are some changes from the initial ‘proposed’ rule, but the essential information requirement remains.
The importer or their designated agent is responsible for the first 10 data elements. The carrier is responsible for the “+2” data elements. The timeframes to submit the importer data elements are as follows:
No later than 24 hours before cargo is laden aboard the vessel at the foreign port:
1. Seller
2. Buyer
3. Importer of record number/ FTZ applicant ID number
4. Consignee number
5. ++Manufacturer (or supplier)
6. ++Shipe to party
7. ++Country of origin
8. ++HTS Number
As early as possible but no later than 24 hours prior to arrival:
9. Container stuffing location
10. Consolidator (stuffer)
**Break bulk cargo** – 24 hours prior to arrival if cargo is exempt from the 24 Hour Rule.
For ++items, submit the best available information. The rule provides flexibility for importers with respect to the submission of four of these data elements. In lieu of a single specific response, importers may submit a range of responses for each of the following data elements: manufacturer (or supplier), ship to party, country of origin, and commodity HTSUS number. The ISF must be updated as soon as more accurate or precise data becomes available and no later than 24 hours prior to the ship’s arrival at a U.S. port.
The ‘house’ bill of lading number will be used as an identifier to tie the ISF to the manifest filing and to the Customs entry. This is a must, and can almost be considered an “11th” data element. Master bills of lading and container numbers are ‘optional’.
The ISF must be filed by or on behalf of the ‘ISF Importer’. The ‘ISF Importer’ is defined as the owner, purchaser, or consignee, An agent, such as a Licensed Customs broker may file the ISF on behalf of the Importer, but the ISF Importer is ultimately liable for the timely, accurate, and complete submission of the Importer Security Filing. If you do use a 3rd party they must have a Power of Attorney from the Importer and use either AMS or ABI to file.
CBP will enforce the Importer Security Filing, vessel stow plan, and container status message requirements through the assessment of liquidated damages, in addition to penalties applicable under other provisions of law. Customs may assess liquidated damages ‘up to’ $5000.00 for violations, such as failure to submit ISF timely, accurately, or completely. (This is a big change from the proposed rule which proposed liquidated damages equal to the value of the shipment).
The ISF Importer will be required to post a bond to secure the timely, accurate, and complete Importer Security Filing. If you already have a continuous entry bond, this will be sufficient. If you do not have a continuous entry bond, please contact your R.L. Swearer account manager. CBP has also created a ‘new’ bond, the ‘Importer Security Filing Bond’.
The most important consideration is how to get the data from your supplier in a timely manner so it can be forwarded for submission. Use the next few weeks to develop procedures for your suppliers and their agents.
Important: You will need to have commercial invoices and the bill of lading number prior to loading at the foreign port. These documents can be submitted to us for assignment of HTS numbers. You want to be sure your vendors are getting you the information at least 48-72 hours prior to vessel loading so we will have time to do the data input. Customs says to expect an additional 2-3 days in your supply chain for the first year.