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Expanded definition of “importer security filing” importer in final rule

Definition of "importer security filing" importer

U.S. Customs and Border Protection (CBP) today released for publication in the Federal Register, a final rule concerning “importer security filing” (ISF) importers and their responsibilities for certain types of shipments.

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The final rule [PDF 266 KB] broadens the definition of “ISF importer” to include the goods’ owner, purchaser, consignee, or agent (such as a licensed customs broker). 

 

By broadening the definition to include these parties, the responsibility to file the ISF will be with the party causing the goods to enter the limits of a port in the United States and most likely to have access to the required ISF information.

 

Today’s release adopts proposals from 2016 as final, and the new rule is effective 30 days after its publication in the Federal Register on April 12, 2018.

Summary

The ISF regime requires ISF importers to submit to CBP an importer security filing that includes information about certain cargo arriving by vessel destined for the United States, before that cargo is loaded. With respect to goods intended for free trade zones in the United States, ISF importers must submit 10 data elements to CBP. ISF importers of goods that are intended to be transported as “immediate exportation” or “transportation and exportation” in-bond shipments must supply five data elements to CBP.

CBP proposed expanding the definition of ISF importer in a notice of proposed rulemaking in July 2016, because the rules did not reflect “commercial reality” and in some cases designate a party as the ISF importer even though that party has no commercial interest in the shipment and limited access to ISF data.

Today’s release finalizes the proposed changes from 2016.

 

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich | +1 (312) 665-1022 | dzuvich@kpmg.com

Andrew Siciliano | +1 (631) 425-6057 | asiciliano@kpmg.com

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