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Writer's pictureFahad H

Update to US Importer Security Filing Policy

On January 26, 2009, a brand new US Import Security Policy turned efficient. Importers and vessel working ocean carriers at the moment are required to offer U.S. Customs and Border Protection CBP with advance notification for all ocean vessel shipments inbound to the United States. The U.S. Import Security Policy, generally often known as the 10+2 Importer Security Filing, is a U.S. Customs and Border Protection CBP regulation pursuant to Section 203 of the SAFE Port Act of 2006 and part 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002, for non-bulk ocean shipments arriving into the United States.

Recently the U.S. Customs and Border Protection issued an up to date Frequently Asked Questions checklist. The new US Import Security Policy locations the burden of compliance to the brand new safety submitting on the U.S. importer. Generally most importers don’t clear their very own items instantly with US Customs. Most importers have signed Power of Attorney types with customs brokers to interface with US Customs on their behalf.

Many importers are confused concerning the new importer safety submitting. One query importers incessantly ask is: Can I’ve my customs dealer ready the importer safety submitting (ISF)? Below is clarification that U.S. Customs and Border Protection (CBP) has supplied:

If we rent a customs dealer to be our agent, have they got to be our agent for all of our Importer Security Filings throughout a single 12 months? CBP Answer: No. Each Importer Security Filing (ISF) is completed on a person foundation. An ISF Importer could file the ISF themselves, or rent an agent for every particular person submitting. There is not any restrict as to what number of completely different brokers an ISF Importer could use through the course of a 12 months.

Can we use completely different brokers for various filings? Can our brokers use each AMS and ABI to do our filings? Will this have an effect on our filings in any approach? CBP Answer: The ISF Importer can elect to make use of completely different ISF Agents for every separate submitting. Also, these ISF Agents could use both vessel AMS or ABI to do these separate filings. However, if a unified entry submitting is being completed, ABI have to be used and the ISF Importer should self-file or use a licensed U.S. customs dealer to do the submitting on their behalf.

If an importer makes use of a number of Customs Brokers can the importer choose one customs dealer to do an ISF and one other customs dealer to make entry (on the identical cargo)? CBP Answer: Yes, until the submitting is a “unified filing” through which case the submitting have to be completed by a single entity.

If import compliance system is not going to be prepared till April or May of 2009 ought to I get a 3rd occasion to file my Importer Security Filing? CBP Answer: During the structured evaluation and versatile enforcement interval, with a view to present the commerce adequate time to regulate to the brand new necessities and in consideration of the enterprise course of modifications which may be essential to realize full compliance, CBP will present restraint in imposing the rule, taking into consideration difficulties that importers could face in complying with the rule, as long as importers are making passable progress towards compliance and are making a very good religion effort to adjust to the rule to the extent of their present skill. CBP will contemplate an entity’s progress within the implementation of the rule through the delayed enforcement interval as a mitigating consider any enforcement motion following the delayed enforcement interval.

Does the ISF Filer should be situated within the U.S.? CBP Answer: No.

Does the “filing agent” for the importer must be a Licensed Customs Broker? Can or not it’s the overseas freight forwarder? CBP Answer: A submitting agent doesn’t must be a customs dealer apart from the case of a “unified filing.” A overseas freight forwarder may also be a submitting agent.

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