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CBP New York/Newark Revises ISF Enforcement Protocol

The Port of New York/Newark adopted the recently revised CBP position on Importer Security Filing (ISF) enforcement, allowing for multiple warnings to a company prior to issuing liquidated damages, Acting New York/Newark Port Director Roderick Hudson said in an informational pipeline. CBP will maintain an internal database accessible around the country to keep track of violations, it said. CBP headquarters said in May it would shift its guidance on ISF enforcement in order to focus on the more serious violators (see 14052106).

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As of Aug. 4, the port will issue three warnings to an importer before issuing liquidated damage claims, the notice said. Outreach from the Newark Problem Resolution Unit will "be provided at each occurrence of non-compliance," the notice said. The Port Director will continue to have discretion to enforce ISF compliance issue through cargo holds, it said.

CBP will also allow for the splitting up of shipments containing both compliant and non-compliant goods in order to "encourage compliance with ISF requirements without placing an undue burden on compliant importers," it said. Following a negative non-intrusive inspection for a non-compliant consolidated container, the container will be allowed to make a controlled movement to a container freight station, the notice said. There it may be "de-consolidated" and the non-compliant portion will be returned to the Centralized Examination Site, while the compliant portion will be released from the station. The non-compliant shipment will be held until all ISF requirements are satisfied, it said.

Email ITTNews@warren-news.com for a copy of the notice.