Proposed Rule Available for Comment: CBP Modification of Legal Responsibility for Importer Security Filings
The Importer Security Filing and Additional Carrier Requirements regulations were implemented in 2009 as an interim final rule to improve U.S. Customs and Border Patrol’s ability to identify high-risk shipments in order to prevent smuggling and improve cargo safety and security. Currently, the ISF importer (typically the goods’ owner, purchaser or consignee or an agent such as a licensed customs broker) is the party that is required to file the ISF. But, a recently proposed rule by CBP seeks to expand the definition of ISF Importer for certain types of shipments so that the party that has the best access to the required information will be the party responsible for filing the ISF.
CBP has concluded that current limitations do not reflect commercial reality and in some cases designate a party as the ISF importer even though the party has no commercial interest in the shipment and limited access to the ISF data. In some cases, the party responsible may not even be involved in the importation at the time the ISF must be filed.
While CBP states that this proposal would shift the legal responsibility for filing the ISF in some instance, it also acknowledges that it would not change who submits the data in the vast majority of cases.
To have your comments heard on this proposed ruling, visit www.regulations.gov and follow the instructions for submitting comments via docket number USCBP–2016–0040 or mail your comments including the docket number to Border Security Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229– 1177. The deadline for comments is September 6, 2016.