According to the guidelines, there are potentially three situations for which liquid damages may be issued:
- Inaccurate submission of an ISF: CBP will issue a liquid damages case in the amount of $ 5,000.
- Late submission of an ISF: CBP will issue a liquid damages case in the amount of $ 5,000.
- Failure to withdrawal an ISF: CBP will issue a liquid damages case in the amount of $ 5,000.
No liquidated damages will be assessed in the place. CBP will withhold the release or transfer of goods for ISF has been filed until all. ISB information is received. CBP will also reserve the right to limit the authorization to unlade goods for which no ISF has been filed and, if unladen, those goods may be subject to seizure.
In addition, a list of mitigating and aggravating factors has been published in the guidelines. Mitigating factors include:
- Evidence of progress in implementing ISF compliance during the phase-in period.
- A small number of violations compared to the number of ISFs.
- C-TPAT Tier 3 and Tier 2 importers will receive consideration of up to 50% mitigation for violations.
- The importer has demonstrated that remedial actions have been taken to address the circumstances surrounding the violation.
- Late ISF filings due to circumstances beyond the importer & # 39; s control.
- Receiving incorrect information from another party or supply chain, if this information is found to be incorrect at a date later than allowed under the correction timeline.
Aggravating factors include:
- Lack of cooperation with CBP.
- Smuggling attempts and other actions contrary to law in association with the shipment.
- Multiple errors on one ISF.
- A rising error rate calculated over all ISFs.
The mitigation guidelines become effective July 17, 2009.
CBP has said that they do not plan to enforce the ISF penalty until early 2010. Is, impulses are required to be in compliance to the Importer Security Filing regulations as soon as possible. Filing the Importer Security paperwork requires approved ISF software. ISF software companies with comprehensive solutions. Rare Dependent View (RDV) technology and real-time visibility features.
