CBP Expected to Soon Provide Guidance on 10+2 Recordkeeping Time Period

CBP Expected to Update 10+2 FAQ on Recordkeeping Time Period

CBP states that it expects to soon provide more definitive guidance in its 10+2 Frequently Asked Questions (FAQ) document on the time period that records need to be kept. CBP states that based on the statute, the assumption would be that records must be kept for six years.

(See ITT’s Online Archives or 08/11/10 news, 10081121, for BP summary stating that CBP is expected to maintain current six year ISF statute of limitations for liquidated damages.)

CBP to Give Trade Advance Notice before Moving to ISF Liquidated Damages

CBP states that it will give the trade advance notice before moving into the liquidated damages realm of ISF enforcement.

(In early August, a CBP source stated that ISF liquidated damages claims would not be issued for a while. See ITT’s Online Archives or 08/11/10 news, 10081121, for BP summary.)

C-TPAT Specialists to Work with C-TPAT Members with ISF Liq Damages

CBP states that if a C-TPAT participant’s status is in jeopardy due to a liquidated damage situation, the C-TPAT Supply Chain Specialist will be involved in working with the company to improve compliance. As far as targeted ISF outreach through the C-TPAT portal, CBP doesn’t want to use the portal for anything that is not C-TPAT related.

CBP to Give C-TPAT Tier 2 and 3 Members First Access to Data Warehouse

CBP is moving forward and programming is completed for the data warehouse. CBP states that because the data warehouse is an ISF product with a link to ACE, users will need to have an ACE account. There will be a transition period once the data warehouse is available to the trade, starting with C-TPAT Tier 2 and 3, then transitioning to the rest of the trade.

(See ITT’s Online Archives or 07/16/10 news, 10071633, for BP summary of CBP’s July 2010 FAQ document in which it stated that it would be making every effort to deploy the data warehouse capability to C-TPAT Tier 2 and 3 importers sometime in Fall 2010.)

CBP Continues ISF Outreach Efforts

During the discussion of CBP’s ISF outreach efforts, CBP stated that it is planning to continue with webinars. CBP also states that is continuing to work on Subcommittee recommendations that CBP engage the Small Business Administration and Federal Maritime Commission in its ISF outreach efforts.

(See ITT’s Online Archives or 05/18/10 news, 10051833, for BP summary of COAC’s recommendations to CBP on ISF outreach, etc.)

Programming on Small Entity ISF Portal Completed, Link to ACE Pending

According to CBP, although programming for the ISF portal for small entities has been completed, the link to ACE is still pending. However, CBP states that a short-term fix may be possible until the ACE link is ready. CBP notes that portal users will need an ACE account.

CBP also noted that it would be monitoring the portal for abuse (CBP states that the portal is intended for no more than 5 ISF filings).

(See ITT’s Online Archives or 07/16/10 news, 10071633, for BP summary of CBP’s July 2010 FAQ document in which CBP stated that the portal would be limited to no more than two ISF filings per day, with a maximum of 12 per year.)

CBP Says Creation of Automated Non-Compliance Letters Would be Difficult

CBP states that if everyone was an ACE account, it would be possible to create an automated letter that can be sent electronically to small infrequent importers who are identified as non-compliant, as recommended by the Subcommittee; however, since this is not the case, it would be difficult for CBP to create an automated program for this recommendation.

(See ITT’s Online Archives or 08/11/10 news, 10081121, for BP summary of the ISF enforcement and other issues discussed at the August 4, 2010 COAC meeting.)

(Subcommittee Minutes posted 08/23/10)