On May 30, 2014, U.S. Customs and Border Protection (CBP) released a Frequently Asked Questions (FAQ) Addendum on the Updated Importer Security Filing (ISF) Enforcement Strategy discussing the key points of the amended implementation guidelines.
According to the release, “CBP has implemented a revised enforcement strategy which provides for local discretion at the port level based on infrastructure and staffing resources (i.e., holding freight vs. issuing liquidated damage claims). The strategy further provides for a standardized approach which will permit CBP HQ to conduct analysis into non-compliant ISF filings with the intend to conduct focused outreach”
Additional modifications include the following:
- The enforcement review has been extended to conclude on May 13, 2015. CBP Headquarters will be reviewing each violation
- Liquidated damages claims should ideally be expected within 6 months of the violation
- Ports have been advised to focus enforcement actions on the most severe violations (i.e., significantly late, or missing ISFs)
- CBP will use an internal database to keep track of the violations
- Enforcement actions for ISF-5 violations remain excluded and not enforced
The release indicates that at least three warnings will be submitted to a violating importer prior to issuing liquidated damages.