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News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

Updated Importer Security Filing (ISF) Enforcement
July 6, 2016

U.S. Customs and Border Protection (CBP) announced that it would begin tighter enforcement of either late or inaccurate Importer Security Filings (ISF) beginning June 30, 2016.  Non-compliant Importer Security Filings could result in an increase in penalties or cargo holds for importers at ports of entry.  (CSMS #14-000283)

Updated Importer Security Filing (ISF) Enforcement

CBP recently issued a CSMS for updated Importer Security Filing (ISF) Enforcement.

This new phase of ISF enforcement applies to ISF-10 shipments, not ISF-5, for ocean shipments on the water on or after June 30, 2016.

CBP-HQ provided new guidance to the ports to issue any ISF claims within 90 days of discovering the violation.

Although CBP ports will no longer be required to take a "three-strikes" approach before issuing liquidated damage (LD) claims or send these claims to CBP-HQ for review, each port will continue to have authority to manage their local enforcement posture as they do today.

Per existing policy, CBP will continue to focus on "significantly" late ISF shipments that preclude or compromise CBP's ability to target the cargo before it arrives in the U.S. For example, West Coast ports have longer ocean voyages so "significantly" late may be ISFs that are not filed within 72 hours to 5 days prior to arrival of the cargo in the U.S. Other ports with shorter voyages may focus on 24 hours prior to vessel departure (what the law requires).

We also expect CBP to focus on repeat violators which can include ISF shipments that are inaccurate because there is no bill of lading match, and/or the match was not made timely and compromised CBP's targeting prior to the cargo's arrival in the U.S.

​Although CBP delayed these enforcement changes for over a year, the webinar that CBP hosted last May still provides relevant information. We encourage you to view the CBP Webinar Recording, Presentation, Transcript, and Q&A .


Latest News

Effective January 13 at all U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain cotton products and tomato products produced in China’s Xinjiang Uyghur Autonomous Region.  

CBP issued a Withhold Release Order (WRO) against cotton products and tomato products produced in Xinjiang based on information that reasonably indicates the use of detainee or prison labor and situations of forced labor. The agency identified the following forced labor indicators through the course of its investigation: debt bondage, restriction of movement, isolation, intimidation and threats, withholding of wages, and abusive living and working conditions.

The deployment of the Aluminum Import Monitoring and Analysis (AIM) system scheduled for January 25, 2021 has been delayed until March 29, 2021. The AIM system website consists of an online aluminum import license application platform and public monitoring. This delay means that licenses will not be required for covered aluminum products until the new implementation date.

The U.S. Trade Representative has determined to suspend the tariff action in the Section 301 investigation of France’s Digital Services Tax (DST).  The additional tariffs on certain products of France were announced in July 2020 and were scheduled to go into effect on January 6, 2021.  The U.S. Trade Representative has decided to suspend the tariffs of the ongoing investigation of similar DSTs adopted or under consideration in ten other jurisdictions.  Those investigations have significantly progressed; however, have not yet reached a determination on possible trade actions.  A suspension of the tariff action in the France DST investigation will promote a coordinated response in the ongoing DST investigations.

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