| Q. Will penalties be less expensive/enforced in Jan. than later in the year? How are penalties accessed on a shipment? i.e. if it is late, if data is missing |
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A. CBP have not indicated a change in the penalty amount based on the time of year. Liquidated damages can be assessed on a US Importer based in the following conditions;
• Failure to File
• Late Filing
• Inaccurate Filing
• Failure to Withdraw a Filing
For further information refer to CBP’s guidelines that were published in the Customs Bulletin on July 17, 2009 and are available through the link below.
The guidelines begin on page 29
http://www.cbp.gov/linkhandler/cgov/trade/legal/bulletins_decisions/bulletins_
2009/vol43_07172009_no28/43genno28.ctt/43genno28.pdf
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| Q. So based on what you just talked about is x-works the best method for freight? |
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| A. EX Works terms provide a US importer with a level of control over their freight that will contribute positively to their ISF compliance. |
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| Q. What would the steps be for an exporter that uses their own freight forwarder but that I still want Schenker to be ISF Agent for me the importer? |
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| A. One option would be to change your terms of purchase so Schenker, Inc could handle the freight. If this is not an option at the current time you should contact your vendor and arrange for them to provide the required data elements to you for each ocean shipment. You could send them Schenker’s ISF Data Template to complete, a copy of which is available on this internet page or contact your local Schenker Branch to obtain a copy. |
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| Q. What about shipments from Europe via Montreal into USA? |
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| A. This rule only applies to cargo arriving in the limits of a port in the United States by vessel. |
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| Q. How do I know if what I have already implemented has gone through correctly? |
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| A. You should be receiving a copy of the filing from your designated filing agent and that would include the acceptance status. Additionally you should also be receiving a copy of CBP’s Progress Reports from your filing agent each month. This report measures submission volume, rejections and timeliness. |
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| Q. What about shipments from Mexico and Canada to the States? |
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| A. Generally these shipments move via ground transportation however if they are arriving by ocean vessel to a US port an Importer Security Filing is required. |
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| Q. How do you get the consignee number? |
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| A. This would be requested from the Consignee. CBP definition as reference: Consignee number(s). Internal Revenue Service (IRS) number, Employer Identification Number (EIN), Social Security Number (SSN), or CBP assigned number of the individual(s) or firm(s) in the United States on whose account the merchandise is shipped. |
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| Q. Can you talk about the Country of Origin definition? |
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A. Answer: Country of manufacture, production, or growth of the article, based upon the import laws, rules and regulations of the United States. This element is the same as the ‘‘country of origin’’ on CBP Form 3461.
If the ISF Importer is, in good faith, unable to determine whether the country where the final stage of production of an article took place is the country of origin, the ISF Importer may provide the country where the final stage of production of the article took place in lieu of the country of origin, and update the ISF submission as soon as more accurate data are available.
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| Q. If a SKU is produced at more than one location, how should the manufactures name and address be dealt with? Can an importer have more than one ISF filer? |
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A. 1st Question Answer: Name and address of the entity that last manufactures, assembles, produces, or grows the commodity.
2nd Question Answer: Yes, an importer can have more than one ISF filer.
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| Q. If a vendor ships material via FEDEX, UPS or DHL will Schenker still need to do the ISF fling or will they do their own? Is this something I need to ask FEDEX, UPS and DHL? |
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| A. If these shipments are moving via air freight an Importer Security Filing is not required. If the shipments are moving via ocean freight an ISF is required and Schenker can file on your behalf. |
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| Q. My company doesn't import foreign goods; we import our own compressed gas cylinders that were produced and filled in the U.S. and were exported. The import is these cylinders coming back to us from foreign customers. Does this situation change any of the 10+2 requirements for me? |
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| A. An Importer Security Filing is still required and the Shipment Type would be US Returned Goods |
