From: David Hickmott
[DHickmott@uli-atl.com]
Sent: Friday, January 15, 2010 4:17
PM
To: Eric Moeller
Cc: David Hickmott; David Hickmott
Subject: Importer Security Filing -
Full Enforcement Jan. 26, 2010
Unique Logistics International (ATL) LLC
510 Plaza Dr.
Suite 2290
Atlanta, GA 30349
Phone#: (404) 767-0500 Fax#: (404) 767-3319
Dear
Valued Unique Logistics Importer:
As
you may know, full enforcement for the Importer Security Filing (ISF, commonly
known as 10+2) will begin on Jan. 26, 2010, and U.S. Customs and Border
Protection (CBP) will begin issuing liquidated damage penalties for
non-compliance with ISF requirements. Under the ISF Ruling, importers
are liable for a maximum of $10,000 per ISF transmission for the following
reasons:
Late Filing: $5,000 if the
ISF is not filed at least 24 hours prior to vessel departure. This
includes untimely filing of an ISF update and/or flexible ISF option.
Inaccurate Filing: $5,000 per
inaccurate and/or incomplete ISF if any of the data elements are missing.
This includes if the Bill of Lading is missing and/or does not match with the
ISF transmission 24 hours prior to vessel departure. The Bill of Lading
must provide the lowest denomination of the cargo (i.e. House Bill of
Lading).
Amended Filing: $5,000 for any
inaccurate ISF update including an incorrect update to a flexible filing.
Responsibility
for Liquidated Damage Penalties Relies with Importer of Record
Ultimate
responsibility for ISF and correctness of the data rests with you as the
importer of record. Customs Bonds are not insurance and do not relieve an
importer of obligations to comply with CBP regulations, which state that
importers are required to post a bond to protect the revenue of the United
States and to assure compliance with any pertinent law, regulation or
instruction. The surety company issuing the bond guarantees that the importer
will comply with CBP regulations. If the surety is forced to pay CBP
because the importer receives a claim for liquidated damages, the surety has
the legal right to demand reimbursement from the bond principal and file legal
proceedings if necessary to do so.
ISF
Bonding Obligations
All
ocean importers are required to maintain a bond to guarantee ISF
compliance. The ISF bond is not insurance and the importer is fully
responsible for any ISF penalties as the bond principal. To limit your
liability for penalties resulting from ISF violations, we advise you to apply
for a Continuous Import Bond by completing and signing the enclosed
application and indemnity agreement that is required by our surety
company. The bond amount is based on 10% of your annual duties and fees,
subject to a $50,000 minimum bond amount.
Limiting
Your Exposure to ISF Penalties
If
you do not secure a Continuous Import Bond, under Customs regulations you will
be required to post and pay for a separate ISF Bond subject to a $10,000 bond
minimum for each filing. The multiple aggregation of each ISF Bond
increases your exposure to ISF penalties, which can be assessed up to $10,000
per any one ISF transmission. Although the importer of record is liable
for any ISF penalties, you can minimize your exposure by securing a Continuous
Import Bond. Once a Continuous Import Bond is in force, it will
renew each year unless terminated and also covers all your entry activity
through any Customs port.
Dont
Delay, ISF Enforcement Is Here
Obtaining
a Continuous Import Bond will expedite your Entry and ISF requirements
and be more cost-effective for your operations. Please do not delay since
ISF enforcement will promptly begin on Jan. 26, 2010, and your Continuous
Import Bond must be on file with CBP before this date. Customs
requires 10 days notice to review your application and put your bond on file so
your application must be returned before Jan. 16, 2010. Should you
have questions regarding ISF enforcement, please do not hesitate to contact one
of our experienced staff.
Thank you for
your support of Unique Logistics International. We appreciate and value
your business.
Discover the
"Unique" difference of logistics from Asia to USA trade!
Are
you Ready? ISF Enforcement will begin on January 26, 2010.
Best Regards
David Hickmott - Executive Vice President
ph#404-767-0500 (ext 306)
Mobile# 678-478-6604
Fax# 404-767-3319
