CBP defines ’10+2′ penalty

CBP defines ô10+2ö penalty    One of the perplexing uncertainties for importers about the new requirements for advance electronic shipment data is what kind of penalty structure will the U.S. government implement when the ’10+2′ rule enforcement begins in earnest early next year.
   The Importer Security Filing requires 10 types of origin-to-destination cargo information 24 hours prior to vessel loading. U.S. Customs and Border Protection is giving importers a full year to develop the information technology and business processes necessary to comply before starting to issue penalties for tardy or inaccurate filings.
   Under the new rule, importers can be subject to damages of $5,000 per violation. Undefined, until now, is what constitutes a violation. An importer is allowed to file amendments if more accurate shipping data becomes available after the original ISF was filed. That opens up the possibility that the importer could be on the hook for $10,000 or more for a shipment with multiple filings.
   Asked by AmericanShipper.com to clear up the matter, a CBP spokeswoman relayed a response from the ’10+2′ program office that stated penalties would be issued per transmission, not just per final ISF. That means that if a subsequent attempt to correct an ISF has an error the importer could be subject to second penalty.
   The penalties will be capped at $5,000 per transmission and CBP officials have said they may not penalize to the maximum extent depending on the circumstances. ‘ Eric Kulisch