5 Tips to Help you Avoid Importer Security Filing Penalties

5 Tips to Help you Avoid Importer Security Filing Penalties

Although Customs and Border Protection (CBP) has not issued any fines or penalties for Importer Security Filings (ISF), filers should be preparing for the enforcement phase of ISF. As an importer, are you prepared to pay $5,000 in fines and penalties for an improperly filed ISF? If not, it is recommended that you get your policies and procedures in place now so that your ISF filings are accurate and timely by the time CBP begins fining.

5 tips to help you avoid ISF fines and penalties:

1. Require that vendors provide all 10 data elements 48 hours before the departure of the vessel. Since ISFs need to be filed 24 hours prior to departure, you want to ensure that you have the required data elements in time to file timely. You may want to request the information even earlier for shipments departing on Monday or Tuesday so you can have the ISF filed before the weekend.

2. File the Importer Security Filing as soon as you get the data. ISFs can be filed as soon as you have all the data elements. By filing as early as possible, you help ensure that the ISF is filed on time. Keep in mind, however, that if you file early you may not get a bill match if you filed before the bill is entered into AMS. However, Customs will continue to try to match the bill.

3. Create contracts with your vendors that make them liable for any fines incurred due to their untimeliness. Some importers have contracts with vendors stating that if the vendor fails to provide the data on time resulting in ISF fines for the importer, the vendor is liable for the fine or penalty. This helps ensure the vendor takes the filing seriously and gets the information to you on time.

4. Call to confirm unmatched bills of lading. Although Customs has yet to say if they are going to fine for No Bill on File messages, it is good practice to have matched bills. If the goods have left the last port bound for the US and your bills do not match, you should call to confirm that you have the same bill type, SCAC, and bill number that was entered into AMS. Once you've made the call, you should make a note of this so that you can show Customs due diligence if they ever question it.

5. Always update Importer Security Filings with any changes or corrections. The mandate does state the CBP can fine importers for failure to update the ISF. If you hear of any changes or if you discover an error in a filing, you should always update the ISF. Customs will not penalize importers for filing too often because they want complete and accurate data.

The most important thing for ISF is for importers to be hands on in the process since they are the entity liable for fines and penalties. If your broker or freight forwarder is filing on your behalf, you still need to have procedures in place to ensure they are filing accurately and timely. After all, you will be the one footing the bill if you receive a fine.

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