CBP Prepares to Enter Liquidated Damages Phase of the ISF

Posted on June 13, 2013 by Colleen Bush

The US Customs and Border Protection (CBP) announced that it will begin the liquidated damages phase of the Importer Security Filing (ISF) on July 9, 2013. These ISF enforcement phases are designed to help CBP make more informed targeting decisions regarding high-risk US-bound cargo.

Starting next month, liquidated damages of $5,000 per violation will be issued for inaccurate, incomplete, or untimely filings. CBP may also withhold the release or transfer of cargo for which an ISF has not been filed. Noncompliant cargo will also be subject to further inspections.

The ISF requires importers and carriers to electronically submit additional cargo information at least 24 hours before ocean freight is loaded onto a vessel bound for the US. It was designed to increase the amount of shipment information available to the CBP in order to better identify potential terrorist threats.

While many shippers have slacked off with ISF compliance, that will all change with the implementation of liquidated damages. According to Albert Saphir, president of ABS Consulting, “responsible importers that spent a lot of time and effort (money) on creating a good and compliant ISF program will receive the benefit they deserve when those importers not compliant will finally need to ‘get with the program’ or face significant monetary penalties.”

For more information, please read this Logistics Management article and CBP’s press release.

Is your company prepared to avoid these costly fines? Click here to learn vital facts importers must be aware of to successfully comply with the ISF.

Free Seminar in Miami: Deciphering Financial Returns & Complexities of Global Trade

Posted on June 11, 2013 by Emily Thornton

What: Live Seminar: Deciphering Financial Returns & Complexities of Global Trade

Where: Delano Hotel South Beach
1685 Collins Ave.
Miami Beach, Florida 33139

When: Tuesday, June 25, 2013 | 10am - 4pm EDT

Cost: FREE

Please join Amber Road and Sandler & Travis Trade Advisory Services, Inc. on Tuesday, June 25th, for a free seminar on Deciphering Financial Returns & Complexities of Global Trade.

Learn how to qualify and quantify projected business savings to create a compelling business case that will drive real value within your organization. Industry experts, including a former Commissioner of Customs, will address strategies for delivering financial return on your global trade management operations.

Industry speakers will include:

George Weise, Executive Vice President at Sandler & Travis Trade Advisory Services, Inc., and former commissioner of Customs
Lenny Feldman, Managing Member at Sandler, Travis & Rosenberg, P.A.
Dawn Olesky, Director, Drawback Operations at Sandler & Travis Trade Advisory Services, Inc.
Ty Bordner, VP of Product Management & Solutions Consulting at Amber Road

After a full day of sessions, attendees will enjoy a networking reception at this luxury urban resort in South Beach. Register to reserve your spot today!

New Research Report: American Shipper’s 2013 Import Operations and Compliance Benchmark Study

Posted on May 31, 2013 by Colleen Bush

The 2013 Import Operations and Compliance Benchmark Study: Two Worlds Collide has just been released! This report is based on a study recently conducted by American Shipper and BPE Global to learn more about the issues impacting U.S. import operations and compliance managers.

The findings suggest that best-in-class shippers are integrating import compliance and operations functions to better leverage resources and investment in technology, leading to greater efficiencies.

Key focus areas include:

Import operations and compliance reporting structures
Customs filing timeliness and accuracy
C-TPAT and ISA participation and effectiveness
Operations and compliance technologies
The blend of operations and compliance functions

Align your import practices with best-in-class operations - download this complimentary report today!

Marianne Rowden Discusses Recent U.S. Regulatory and Legislative Updates

Posted on May 29, 2013 by Sam Scordato

At a recent seminar, Financial Returns of Global Trade, hosted by Amber Road and Sandler & Travis Trade Advisory Services, Inc., Marianne Rowden, President and CEO of the American Association of Exporters and Importers (AAEI), spoke on many of the recent U.S. legislative and regulatory updates. She covered topics including the Customs Re-authorization Bill, Simplified Entry, the effects of sequestration, the Export Control Reform Initiative, the status of mutual recognition agreements, and the Food Safety Modernization Act.

Two areas of particular focus for Rowden were Customs’ Centers of Excellence and Expertise (Centers), along with new C-TPAT proposed rules and their Privacy Act ramifications. These Centers will focus on industry specific trade issues and serve as an information resource for participating importers. By the end of 2013, ten Centers will be operational, including one for apparel, footwear, and textiles in San Francisco and a second for consumer products and mass merchandising in Atlanta.

“One of the goals of the Centers is to enhance enforcement and address industry risks,” explained Rowden, who noted that 40 percent of respondents from their most recent benchmarking survey said they would participate in a Center, and 50 percent said their participation depended on the benefits of joining.

Rowden also commented on two Federal Register notices published on March 13^th, one on a proposed records system for C-TPAT documents, and a second on Privacy Act exemptions to C-TPAT data. She expressed that the proposed records system “is not in the spirit of partnership. C-TPAT data is your proprietary data and the government has to respect the data. They have decided your data is not covered under the Trade Secrets act. The System of Records also violates the Safe Port Act.”

To learn more about these regulatory and legislative updates, please join Amber Road and Sandler & Travis Trade Advisory Services, Inc. at the 92^nd Annual AAEI Conference on Globalization: Policy & Practice.

Q&A from the “Export Control Reform Update: Preparing for Transition” Webinar

Posted on May 29, 2013 by Sam Scordato

Amber Road would like to thank all of those who attended Export Control Reform Update: Preparing for Transition, which was hosted by American Shipper on Tuesday, April 23. We had an amazing turn out, and the attendees asked some great questions. Unfortunately, we ran out of time and were unable to answer all of them. The presenters were kind enough to provide us with written responses to those questions. Here is a sneak peak:

Will Temporary Export Licenses exist under ECR such as we currently have with Dept. of State (DSP-73′s)?

ECR will not impact the issuance of temporary export licenses (DSP-73s) by the Directorate of Defense Trade Controls (DDTC). With respect to the EAR, BIS does not issue temporary export licenses. Upon the effective date of the initial implementation rule (October 15, 2013), all licenses issued by BIS will have a default validity period of four years, regardless of whether the transaction is a permanent or temporary export. Please note, however, that certain temporary exports, re-exports and transfers (in-country) may qualify for License Exception TMP (§ 740.9) if all relevant terms and conditions are met in §§ 740.2 and 740.9.

When the recently published final rule goes ‘active’ in October, will the revised ‘specially designed’ definition be applicable to the old existing USML/ECCN categories? Or is it only for use on the newly published categories and lists?

Upon the effective date, the definition of “specially designed” will apply to all instances where “specially designed” is used in the Commerce Control List (CCL). Thus, it will apply regardless of whether the item is a 600 series item or not, and regardless of whether the term is used as a control parameter or a decontrol parameter. With respect to the USML, the ITAR definition of “specially designed” will apply to USML Categories VIII and XIX upon the effective date. As subsequent revised USML categories are published in final form and become effective, the term “specially designed” will apply to those additional USML categories as well.

Don’t see the question you asked? Follow this link to see a full list of questions and answers.