Client Alert

United States Customs and Border Protection Begins Enforcement of Rules Requiring Importer Security Filing ("ISF")

April 9, 2010

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United States Customs and Border Protection (“CBP”) recently began enforcement of new rules requiring a so-called Importer Security Filing (“ISF”) for all foreign shipments of cargo into the United States. These regulations were promulgated under the Safe Port Act of 2006.
 
The rules state that Importer Security Filings (ISFs) must be made electronically at least 24 hours prior to foreign lading of goods. For most importers, ISFs must contain 10 pieces of data as follows:
 
1. Importer of Record Number
2. Consignee Number
3. Seller (owner) name/address
4. Buyer (owner) name/address
5. Ship to Party
6. Manufacturer (Supplier) name/address
7. Country of Origin
8. Commodity HTS-6
9. Container Stuffing Location (no later than 24 hours before arrival)
10. Consolidator (Stuffer) name/address (no later than 24 hours before arrival)

Failure to file an ISF may lead to the inability to release cargo once it arrives in the U.S.

Filing of an inaccurate, incomplete or untimely ISF may lead to liquidated damages of $5,000 per ISF.

Contact Information
If you have any questions regarding compliance with these Customs and Border Protection requirements or any other Customs issue, please contact either the Womble Carlyle attorney with whom you usually work or Womble Carlyle attorney, Jay Rogers at (864) 255-5436 or via email.


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