Customs begins enforcing 10 + 2 rule with gentler touch than expected

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:

• CBP will not use data collected during the past 12 months' so-called "delayed enforcement period" against the trade. After Jan. 26, the data gathered will be used to enforce the filing requirements.
• No liquidated damages will be issued until April or May. Instead, CBP will issue notices warning violators that failure to file will result in liquidated damages and other cargo release delays. If importers are experiencing difficulty filing, CBP will help to resolve their issues during the first quarter.
• CBP will issue "do not load" orders when it is appropriate for national security purposes; however, it will not take action for shipment issues solely relating to ISF.
• Starting in April, CBP will place holds on shipments if they are at risk, if no ISF has been filed, and if the agency has informed the responsible party. If CBP sees repeated incidents of not filing an ISF and a response is not received from the filer, CBP may issue liquidated damages.
• Starting in July, CBP will take a stronger enforcement approach—including liquidated damages and cargo holds—for members of the trade that fail to file ISFs or do not rectify ISF issues that CBP has worked with them to correct.

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.