CBP to Take "Common Sense Approach" to Imposing 10+2 Penalties

November 10, 2009

U.S. Customs and Border Protection (CBP) Assistant Commissioner Thomas Winkowski said last week that his agency will “take a common sense approach” to imposing penalties for violations of the 10+2 (also known as the Importer Security Filings or “ISF”) rule when the informed compliance period ends on January 26, 2010. While speaking to the Commercial Operations Advisory Committee (COAC), Winkowski remarked that CBP’s focus will be more on aiding compliance than assessing penalties for minor infractions of the rule. He also announced that CBP headquarters would review all cases before assessing penalties.

The 10+2 rule requires importers to submit 10 data sets to CBP 24 hours in advance of lading cargo aboard a vessel bound for the U.S. In addition to the above, carriers would be required to submit 1) a vessel stow plan and 2) container status messages. The rule took effect on January 26, 2009, but full enforcement was delayed for one year until January 26, 2010 to allow the trade community to adapt to the new requirements. After January 26, 2010, importers will be subject to fines of $5,000 each time a filing is late or inaccurate.