On January 26, 2009, the new rule titled Importer Security Filing and Additional Carrier Requirements (commonly known as “10+2”) went into effect. This new rule applies to import cargo arriving to the United States by vessel. ISF Importers, or their agent, must provide ten data elements, no later than 24 hours before the cargo is laden aboard a vessel destined to the United States. Failure to comply with the new rule could ultimately result in monetary penalties, increased inspections and delay of cargo.
The interim final rule of ISF includes a delayed enforcement date of 12 months after the interim final rule takes effect. During this 12-month period, CBP will show restraint in enforcing the rule. The flexible enforcement period will end January 26, 2010. CBP may issue liquidated damages of US$5,000.00 per violation for the submission of an inaccurate, incomplete or untimely filing. If goods for which an ISF has not been filed arrive in the U.S., CBP may withhold the release or transfer of the cargo; CBP may refuse to grant a permit to unlade for the merchandise; and if such cargo is unladen without permission, it may be subject to seizure. Additionally, noncompliant cargo could be subject to “do not load” orders at origin or further inspection on arrival.
