Customs issues ’10+2′ mitigation, DNL guidelines

Customs issues ô10+2ö mitigation, DNL guidelines    U.S. importers will be subject to $5,000 fines for each instance in which a shipment security filing is late, inaccurate or not properly withdrawn when necessary, according to penalty mitigation guidelines published on Friday by U.S. Customs and Border Protection.
   Penalties will also apply to updates to amend an original Importer Security Filing (ISF). The agency said it also reserves the right to impose additional penalties for serious or repetitive violations of the electronic data requirements.
   Under the ISF rule that went into effect in January, importers must submit a form with 10 pieces of detailed information about their cargo shipment 24 hours before the vessel is loaded in a foreign port. Ocean carriers must submit two data sets to Customs — the container stow plan within 48 hours of departure and container status messages within 24 hours of being entered in the carrier’s computer system. The rule is referred to as ’10+2′ for the 12 data sets required.
   CBP also gave its most definitive statement to date about ‘Do Not Load’ (DNL) messages. The notice said that failure to comply with the filing requirements ‘may result in the issuance of a Do Not Load hold, the delay or denial of a vessel carrier’s preliminary entry permit/special license to unlade and/or the assessment of any other applicable statutory penalty. CBP may also withhold the release or transfer of the cargo until CBP receives the required information and has had the opportunity to review the documentation and conduct any necessary examination.’
   CBP officials have previously given assurances that they will look at the context of the violation, taking into consideration the history of attempted compliance during the phase-in period or whether a filer has willfully disregarded the regulations, and use a DNL hold as a last resort.

DiNucci

   ‘It’s a very intense action. It means the shipment will miss the vessel voyage. It’s fair to say, if a filer that has continuously refused to comply, at some point we may say the risk of dealing with these folks is too great and may have to put a hold on it,’ ISF program director Richard DiNucci said in an interview earlier this year.
   No penalties will go into effect until next year because CBP has delayed enforcement to give industry time to establish procedures to adjust to the new requirements.
   CBP also listed mitigating factors that could minimize a penalty, including:

• 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 consideration of up to 50 percent mitigation for violations.
• The importer has demonstrated that remedial actions have been taken to address the circumstances surrounding the non-compliance.
• The late ISF filing is due to circumstances beyond the importer’s control.

   Vessel operators can be hit with penalties of $50,000 for incomplete inaccurate or late vessel stow plan is filed and $5,000 for each container status message that does not meet Customs’ requirements.
   The notice is available here, starting on page 29. ‘ Eric Kulisch