newsworthy
The U.S. Bureau of Customs and Border Protection (CBP)
on Jan. 26 began its long-awaited enforcement of expanded ocean importer security filing (ISF) requirements,
more commonly known as the “ 10 + 2 rule,” with what
was a gentler enforcement bite than some had expected.
According to A.N. Deringer, a customs broker and
compliance specialist based in St. Albans, Vt., CBP has
termed its enforcement approach as “graduated escalated,” which Deringer said is a “more lenient” approach
than many had thought would be the case.
Under the rule, importers are required to submit 10 data
elements to CBP at least 24 hours before a shipment leaves
a foreign port for the United States. Carriers are required
to submit two additional data elements no later than 24
hours prior to the ship’s arrival at a U.S. port. Failure to
comply could result in so-called liquidated damages of up
to $5,000 per violation, the issuance by CBP of “do not
load” orders, or the seizure of the physical cargo.
In an e-mailed “trade alert,” Deringer outlined some
of the enforcement criteria as follows:
; CBP will not use data collected during the past 12
months’ so-called “delayed enforcement period” against
the trade. After Jan. 26, however, the data gathered will
be used to enforce the filing requirements.
; No liquidated damages will be issued until April or
May. Instead, CBP will issue notices warning violators
that failure to file will result in liquidated damages and
other cargo release delays. If importers are experiencing
difficulty filing, CBP will help to resolve their issues during the first quarter.
; CBP will issue “do not load” orders when it is appropriate for national security purposes; however, it will not
take action for shipment issues solely relating to ISF.
; Starting in April, CBP will place holds on shipments
if they are at risk, if no ISF has been filed, and if the agency
has informed the responsible party. If CBP sees repeated
incidents of not filing an ISF and a response is not received
from the filer, CBP may issue liquidated damages.
; Starting in July, CBP will take a stronger enforcement approach—including liquidated damages and
cargo holds—for members of the trade that fail to file
ISFs or do not rectify ISF issues that CBP has worked
with them to correct.
Meanwhile, the National Industrial Transportation
League, the nation’s oldest and largest shipper group,
has launched a 10 + 2 compliance program for its members. The NITL says it has contracted with ABS
Consulting of Westin, Fla., to provide compliance guidance. After a free consultation, members can choose
from three different service options, NITL says.
Customs eases into “ 10 + 2”
enforcement
newsmakers
; The National Retail Federation (NRF) has elected
new officers. Terry Lundgren, chairman, president, and
CEO of Macy’s, will serve as the chairman of the NRF
board of directors. Stephen Sadove, chairman and CEO
of Saks, is the new first vice chairman. Kip Tindell,
chairman and CEO of The Container Store, will serve as
the second vice chairman of the board. Tindell will also
chair NRF’s awards and nominations committee as well
as the board of the NRF Foundation. In addition, Robert
Benham, president and CEO of Balliet’s, was selected
as NRF’s new corporate secretary of the board, and
Roger Farah, president and COO of Polo Ralph Lauren,
was elected chairman of NRF’s finance committee.
; Intelligrated has announced two new appointments
to its leadership team. Edward Puisis joins the company as chief financial officer and executive vice president.
In his new role, Puisis will oversee Intelligrated’s
finance, human resources, information technology, and
procurement departments. Puisis most recently managed financial operations for Dayton Superior Corp.
In addition, Jim Sharp has been promoted to executive vice president. Sharp will oversee the implementation of the synergy plan developed following
Intelligrated’s acquisition of FKI Logistex last June. Since
2002, Sharp has served as vice president, finance and
CFO of Intelligrated.
; Murphy Warehouse Co., one of the Upper Midwest’s
largest asset-based logistics service providers, has
named Bill Forsman director of business development.
Forsman, who will focus on strengthening Murphy’s
sales and marketing efforts as well as its advertising,
public relations, and branding activities, brings 23 years
of logistics industry experience to his new post.
; ADSI, a systems integrator of distribution, wireless,
and shipping automation solutions, has appointed Jeff
Johns director of business development. In his new
position, Johns will lead ADSI’s software strategy initiatives and partnership program across the United States.
Johns has 23 years of experience in the industry, most
recently working at UPS.
; A. Duie Pyle, a Northeast transportation and logistics service provider, has appointed Gordon
Mackenzie, former president of UPS Freight, to its
board of directors. A former senior vice president and
chief operating officer of Preston Trucking Co.,
Mackenzie began his logistics career at Overnite
Transportation in 1996 as senior vice president, sales
and marketing.
