The U.S. Bureau of Customs and Border Protection (CBP) Tuesday began its long-awaited enforcement of expanded ocean importer security filing (ISF) requirements, more commonly known as the "10 + 2 rule," with what may be a gentler enforcement bite than expected.
According to A.N. Deringer, a customs broker and compliance specialist based in St. Albans, Vt., CBP has termed its enforcement approach as "graduated escalated," which Deringer said is a "more lenient" approach than many had thought would be the case just two weeks ago.
Under the rule, importers are required to submit 10 data elements to CBP at least 24 hours before a shipment leaves a foreign port for the United States. Carriers are required to submit two additional data elements no later than 24 hours prior to the ship's arrival at a U.S. port. Failure to comply could result in so-called liquidated damages of up to $5,000 per violation, the issuance by CBP of "do not load" orders, or the seizure of the physical cargo.
In an e-mailed "trade alert," Deringer outlined some of the enforcement criteria as follows:
Meanwhile, the National Industrial Transportation League, the nation's oldest and largest shipper group, has launched a 10 + 2 compliance program for its members. The NITL says it has contracted with ABS Consulting of Westin, Fla., to provide compliance guidance. After a free consultation, members can choose from three different service options, NITL says.
"We know there are a number of small and medium-sized ocean importers that have yet to test their own capabilities in meeting the new 10 + 2 requirements," said League President Bruce Carlton.