US Customs & Border Protection (CBP) ISF Enforcement – Changing Importer Security Filing (ISF) Enforcement Strategy. CBP will implement a new and final enforcement strategy beginning on May 14, 2015.
For several years now, CBP has been enforcing non-compliant ISF filings allowing the local port CBP officials discretion to enforce or not. The typical course of action was to hold freight rather than issue a liquidated damage penalty (fine). At least three warnings were allowed. The informed compliance period ends on May 13, 2015.
Beginning on May 14, 2015 CBP will issue liquidated damage claims against the importer’s Bond. Those violation claim letters may be forwarded to the importer in violation within six months of the violation. However, this policy does not preclude CBP’s six year statute of limitations for liquidated damage claims.
In other words, a claim may be made by CBP up to six years from the violation date. CBP port personnel have been advised to focus enforcement activities on the most severe violations (i.e., late, or missing ISFs).
CBP will assess a penalty where the violation has impacted CBP’s ability to effectively assess risk and hold cargo. ISF filings after arrival are always considered late and are subject to both liquidated damage claims and ISF holds.
