Importer Security Filing
On January 26, 2010 You MUST File a 10+2 or Face Penalties!
U.S. Customs and Border Protection is serious. On January 26, 2010 they will start issuing penalties for failure to comply with the Importer Security Filing (ISF), also known as the 10+2. We can file for you or your shipper overseas can do it, but someone must. Failure to file will result in a $5,000 per violation penalty. You can also be fined for filing incomplete or wrong information. Therefore, the total penalty per shipment could be as much as $10,000.00.
Customs' regulations require that this information be filed 24 hours prior to the loading of the vessel. In order for us to accomplish this, we need to receive the documents 4 days before departure of the vessel. This will give us ample time to file and save you from facing a penalty. If there are any corrections we will need that information immediately so we can update the information with Customs. I cannot state enough that this is YOUR responsibility and YOUR penalty.
U.S. Customs is also requiring an additional bond for the ISF. This can be done with a single ISF bond, which will carry an additional charge. The shipment and ISF can also be bonded with a continuous transaction bond.
Arizona Customs Brokers is here to assist you with this filing and the bond. On our website, arizonacustomsbrokers.com, you can download "The Importer Security Filing Data Sheet", found under forms. We have setup a special email address for you or your overseas partner to send the form and documents. This address is email@example.com. If you have any questions regarding the ISF or bonding requirements please give Robert Hornyan a call at 602-273-0912. We are here to assist you and keep you penalty free.
Food Facility Re-registration Period Opens Oct. 1
Monday, October 01, 2018
Sandler, Travis and Rosenberg Trade Report
Food facilities required to register with the Food and Drug Administration must renew their registrations between Oct. 1 and Dec. 31. Food being imported or offered for import into the U.S. from a foreign facility for which registration has not been submitted or renewed must be held at the port of entry for and may not be delivered to the importer, owner, or consignee until the foreign facility is registered. Failure to register or renew a registration can also expose facilities to civil or criminal action.
Under section 102 of the Food Safety Modernization Act, all domestic and foreign facilities that manufacture, process, pack, or store food, food ingredients, pet foods, or dietary supplements are required to renew their registration with the FDA every even-numbered year. When registering, foreign food facilities must also designate a U.S. agent, a person or entity that is located within, or maintains an office in, the United States and acts as the domestic representative for the foreign facility through which all communication with the FDA takes place.
Facilities can register online, via mail, or by fax (though FDA encourages online registration) or may authorize third parties to register for them.
Sandler, Travis and Rosenberg's FDA Practice Group offers food facility registration services, including identifying a company's registration obligations and potential exemptions and registering foreign or domestic companies, as well as service as a U.S. agent for foreign facilities. To learn more and ensure your company is registered during the renewal period this year, please contact Shelly Garg at (305) 894-1043.
Imported Composite Wood Products Must be TSCA Compliant as of March 2019
Thursday, December 13, 2018
Sandler, Travis and Rosenberg Trade Report
A December 2016 final rule from the Environmental Protection Agency established national formaldehyde emission standards and a third-party certification system for regulated composite wood products (i.e., panels), including hardwood plywood, particleboard, and medium-density fiberboard, to ensure those panels are compliant before being sold to end users or fabricated into component parts or finished goods (furniture, cabinets, picture frames, toys, etc.). Between June 1, 2018, and March 22, 2019, such goods that are imported into or manufactured in the U.S. must be (a) certified as compliant with either Title VI of the Toxic Substances Control Act or the California Air Resources Board's Airborne Toxic Control Measures Phase II emission standards by a third-party certifier approved by CARB and recognized by EPA and (b) labeled as compliant with the relevant standard.
U.S. Customs and Border Protection is now advising interested parties that after March 22, 2019, such goods may only be certified and labeled as compliant with TSCA Title VI- labeling them as compliant with the CARB ATCM Phase II standards will not be sufficient.
Also beginning on that date importers will be responsible for providing a TSCA Section 13 import certification for articles containing regulated composite wood products, component parts, or finished goods imported into the U.S. customs territory. This import certification will be in the form of a positive certification for applicable shipments through the Automated Commercial Environment. CBP adds that upon request from the EPA importers must make available within 30 calendar days certain records that document compliance.
Additionally, the EPA recently published a proposed rule that would, among other things, clarify that regulated composite wood products and finished goods containing such must be labeled at the point of manufacture or fabrication. If the product is imported, the label would have to be affixed to the product by the date of importation.
2019 Federal Holidays
For your information, below is a listing of Federal Holidays for Calendar Year 2019. These dates can also be found at:
Date - Holiday
Tuesday, January - 1 New Year's Day
Monday, January 21 - Birthday of Martin Luther King, Jr.
Monday, February 18 - Washington's Birthday
Monday, May 27 - Memorial Day
Thursday, July 4 - Independence Day
Monday, September 2 - Labor Day
Monday, October 14 - Columbus Day
Monday, November 11 - Veterans Day
Thursday, November 28 - Thanksgiving Day
Wednesday, December 25 - Christmas Day
Federal Holidays 2018
JANUARY 01 NEW YEAR'S DAY
JANUARY 15 MARTIN LUTHER KING JR DAY
FEBRUARY 19 PRESIDENTS' DAY
MAY 28 MEMORIAL DAY
JULY 04 INDEPENDENCE DAY
SEPTEMBER 03 LABOR DAY
OCTOBER 08 COLUMBUS DAY
NOVEMBER 12 VETERANS DAY
NOVEMBER 22 THANKSGIVING DAY
DECEMBER 25 CHRISTMAS DAY
DECEMBER 31 NEW YEAR'S EVE
Attention Ocean Importers
Beginning January 26, 2009 all shipments destined for the United States must comply with the submission of "Importer Security Filing 10+2(ISF)". The importer is ultimately responsible for the data to be entered in the Import Security Filing even if entered by an agent of theirs. This data must be received by U.S. Customs 24 hours prior to the loading of a vessel. That data has to be reviewed, classified, processed and accepted in order for your shipment to be loaded on a vessel that is destined for the USA. This data has to be sent to U.S. Customs and Border Protection via an approved electronic data interchange systems.
Arizona Customs Brokers can do this for you.
Simply stated, the ISF requires the importer or their agents to provide ten data elements 24 hours before the departure of the vessel and the two remaining elements 24 hours before the vessel's arrival.
The original ten elements required are:
1. Manufacturer(Supplier)- Name and Address
2. Seller(Shipper)- Name and Address
3. Buyer(Purchaser)- Name and Address
4. Ship to Consignee or Ultimate Consignee - Name and Address
5. Container stuffing location - Name and Address
6. Consolidator(Stuffer)(Forwarder) - Name and Address
7. Importer of Record - ID Number
8. Consignee - ID Number
9. Country of Origin
10. Harmonized Tariff Schedule Number
Plus the last two elements:
1. Master Bill of Lading - House Bill of Lading(NVOCC)
2. Ocean Bill of Lading (if straight B/L).
Arizona Customs Brokers will be prepared to submit this information to U.S. Customs on your behalf. In order for us to comply with this regulation we will require that this information be sent to us 4 days prior to the delivery of the container to the port. We would also like the commercial invoice and packing list at this time. This will require additional work on our behalf and we will have to charge for this service. At this time we are not sure what the charge will be as things are still being worked out and subject to change.
Between January 26, 2009 and January 26, 2010 U.S. Customs will be evaluating any compliance difficulties. Customs reserves the right to take enforcement action when an importer is not achieving "satisfactory progress" or making a "good faith effort to comply" during this time. Customs penalties for non-compliance are $5,000.00 per violation.
Please call us with any questions you may have at 602-273-0912. As we get more information we will pass that along to you or you can check our website at www.arizonacustomsbrokers.com.
It is important that business partners and importers understand the importance of container security.
High security seals must be affixed to all loaded import containers bound to the U.S. These seals must meet or exceed the current ISO-PAS 17712 standards for high security seals.
We have provided a link to the Customs and Border Protection website for more information on this subject. If you have any questions concerning container security please give us a call at 602-273-0912.
CBP has a short video on container security which you can use as a training video.