Importer Security Filing - Overview
The Importer Security Filing, or "ISF", is a new security filing requirement imposed on all US importers for goods arriving at US seaports. Extensive information is being distributed by numerous parties; herewith, an overview of the pertinent details to assist FgL clients and all others interested in meeting the requirements of the new rule.
Each ocean shipment is required to have an ISF filed no later than 24 hours prior to lading at a foreign port. The filing is to consist of ten data elements, and must be secured by a bond. ISF Importers may elect to self-file or, as a business decision, contract the filing to a filing agent (such as a Customs broker or AMS participating forwarder.) Violations of the ISF regulations will result in a $5000 penalty per violation.
The effective date of the filing requirement is for shipments loaded to vessel on or after Jan. 24th, 2009. There will be a 12 month flexible enforcement period, during which CBP will refrain from issuing penalties for violations, provided that the ISF Importer shows progress in meeting the requirements during that time.
The ISF must be in English.
Bond
The ISF Importer must possess a basic importation and entry bond or an importer security filing bond. If the ISF Importer does not have the required bond, the agent submitting the ISF on behalf of the ISF Importer may post the agent's bond.
Filers
Any party may file the ISF, provided they meet the eligibility requirements, which include the ability to file the ISF via ABI or AMS. No other electronic systems are currently approved for this filing.
How to provide data to FgL
At this time, no specific format or document exists for provision of the necessary information to FgL for ISF filings. It is suggested that a cover sheet be provided with the commercial invoice, which includes the AMS bill of lading number, and any information not shown on the invoice but which is required (see data elements). At such time that a standard format or other document becomes available, it will be posted here.
Power of attorney
Because a Customs power of attorney is required to provide ISF filings as an agent of the ISF importer, FgL will require use of its exclusive POA form for all new accounts for which ISF filing is requested. No change will be required from existing accounts at this time. POA's must be in English, and retained until revoked.
Questions
It is fully expected that many people will have questions. FgL welcomes them, but requests that a thorough reading of the ISF information on this website be done first, as many questions should be covered, especially by the assessment/FAQ page. Questions received will be held for consideration in conjunction with the questions of others, and may be answered directly, or via an update to one of the pages on this website.
Time of transmission
Generally speaking, the ISF must be filed no later than 24 hours prior to scheduled loading to a vessel at the origin port. This includes the seller, buyer, importer of record, consignee, manufacturer, origin and classification information.
Container stuffing location and consolidator information should be submitted with the initial ISF filing, but may be submitted later if unavailable at the time of filing. In no event must this information be filed later than 24 hours prior to vessel arrival at a US port.
Updates
The party that filed the ISF is required to update the ISF if, after submission but before the goods enter the limits of a US port, any o the information changes, or more accurate information becomes available. If the shipment is cancelled or diverted to another country, the ISF must be cancelled.
Definitions
- Importer Security Filing Importer: The party causing goods to arrive within the limits of a port in the US by vessel.
- Importation: The point at which cargo arrives within the limits of a US port.
CBP Outreach Offerings
See CBP Presentation, below in Resources, for information on CBP Outreach plans as of Dec. 10th, 2008
Resources
CBP Presentation (originally a PowerPoint item, converted to PDF) [Added 12/17/2008]
FgL Assessment of the Interim Final Rule
CBP Importer Security Filing page
Federal Register notice (11/25/2008)
Page created Nov. 30th, 2008
Page updated Dec. 17th, 2008