News
The U.S. Customs and Border Protection (CBP) has issued a notice with regard to the enforcement of Importer Security Filing (ISF) known as ''10+2.''
The notice said CBP is planning to take a ''measured, common-sense approach'' to enforcement of ISF regulations. The notice addresses a quarterly enforcement process for 2010 as follows:
- 1st quarter, 2010: enforcement will be concentrated on importers not filing ISFs. Warning letters will be issued to noncompliant importers. No liquidated damages or Do Not Load (DNL) holds will be enforced, however, CBP reserves the right to take any necessary enforcement actions for national security purposes.
- 2nd quarter, 2010: Any noncompliant importers will begin to see an increase in manifest holds and examinations of shipments for which no ISF has been filed. Companies that participate in the Customs-Trade Partnership Against Terrorism (C-TPAT) program and demonstrate low rates of compliance will be notified at an executive level that noncompliance may jeopardize their C-TPAT status. No liquidated damages or Do Not Load (DNL) messages will be enforced, however, CBP reserves the right to take any necessary enforcement actions for national security purposes.
- 3rd and 4th quarters, 2010: Noncompliant importers will see a further increase in manifest holds and examinations of shipments for which no ISF has been filed. Noncompliant C-TPAT companies may have their C-TPAT status revoked, suspended, or reduced. Liquidated damages and DNL holds will be assessed. In addition, CBP will evaluate every instance of noncompliance on a case-by-case basis to ensure that all mitigating and aggravating factors (as outlined in CBP's 10+2 Mitigating Guidelines) are considered before applying any enforcement action.