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Importer Security Filing ("10 + 2") Update

January 20, 2010

Importer Security Filing (ISF) Enforcement Begins Jan. 26

The Importer Security Filing (ISF), formerly known as "10+2", requires entry information to be transmitted to United States Customs and Border Protection (CBP) at least 24 hours before goods are loaded onto an ocean vessel for shipment into the United States. Beginning Jan. 26, 2010, importers face a fine of $5,000 for each late, inaccurate or incomplete filing with a $10,000 total liability for each shipment. The failure to submit an ISF will result in more severe enforcement measures, including seizure at the U.S. Port of Unlading in addition to fines, storage fees and liquidated damages.

CBP announced an outline of the new rule on Jan. 2, 2008. After a comment period, CBP published an "Interim Final Rule" on Nov. 26, 2008. The "Interim Final Rule" became effective Jan. 26, 2009, but permitted a 12-month "Flexible Enforcement Period" during which an importers' compliance with the rule would be monitored instead of fined. CBP anticipated that importers would use this 12-month period to reengineer international supply-chain business processes.

CBP officials have stated publicly that enforcement initially will be focused on those companies that have demonstrated little or no effort to comply with the new rule during the past year. Companies that have made consistent progress in submitting timely, accurate and complete filings would be shown leniency and not suffer penalty as long as satisfactory progress continues.

YRC Logistics was an official CBP "early adopter" of this new rule, submitting our first ISF message in December 2008. Using a weekly performance report employing conservative metrics, YRC Logistics consistently submits timely and error-free submissions on behalf of client importers.

For information on how YRC Logistics can assist you, call your assigned account manager or the YRC Logistics Global Trade Management Team: