Q: Should an importer fail to file the security filing within 24 hrs, will the cargo be prevented from export, or will the goods still ship, and the importer is simply subject to the penalty?
A: That’s going to be a carrier policy question. There’s no penalty identified in the NPRM [Notice of Proposed Rule Making] for the carrier if they fail to ensure that an ISF is filed. However, carriers may put requirements on all tenders to prove that an ISF has been filed. If the carriers do not put these types of controls in place, there’s a huge concern that importers will be subject to penalties.
Q: Do you see a movement to airfreight to protect the supply chain?
A: The SAFE Port Act of 2006 authorizes the collection of advance data on Ocean shipments only. CBP has repeatedly communicated that they plan to expand the program to other modes of transportation. CBP would need an act of Congress to get this authorization.
Q: Is it reasonable to expect importers and their partners to be ready for this even with adequate preparation since the technical requirements cannot even be confirmed at this time?
A: Reasonable is not a word I would use with the NPRM. We’re hopeful that comments submitted to CBP will result in a much more reasonable final rule.
