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Importer Security Filing (ISF)

ISF Filing, also known as the Importer Security Filing or the “10+2” rule, is a mandatory requirement enforced by U.S. Customs and Border Protection (CBP) for all ocean shipments bound for the United States. This rule mainly aims to provide CBP with advanced cargo information to assess potential security risks, enhance border protection, and prevent terrorism and illegal trade. Importers can appoint licensed customs brokers or freight forwarders to handle the filing on their behalf through electronic systems such as ABI or AMS, as these professionals are well-versed in the filing procedures and requirements.

The ISF must be submitted at least 24 hours before the cargo is loaded onto the vessel at the foreign port of departure. In addition to the ten data elements required from the importer, the carrier must also submit two additional data points. Timely and accurate filing is essential for maintaining compliance and avoiding penalties.

ISF Declaration Data Requirements

The information required for an Importer Security Filing (ISF) is commonly referred to as the “10+2” data elements:

10 data elements to be provided by the importer or their authorized agent:

  1. Name and address of the manufacturer (or supplier)
  2. Name and address of the seller (or owner)
  3. Name and address of the buyer (or owner)
  4. Name and address of the “ship to” party
  5. U.S. Importer of Record number or Foreign Trade Zone (FTZ) applicant ID number
  6. Consignee number(s)
  7. Country of origin of the goods
  8. Harmonized Tariff Schedule (HTS) number at the 6-digit level
  9. Location where the goods were stuffed into the container
  10. Name and address of the consolidator (stuffer)

2 data elements to be provided by the carrier:

  1. Vessel stow plan
  2. Container status messages
For transit cargo—such as FROB (Freight Remaining on Board), IE (Immediate Exportation), and T&E (Transportation and Exportation)—fewer data elements are required under what’s known as the ISF-5 filing. This simplified filing includes the following key details: shipper, foreign port of discharge, place of delivery, party to whom the goods are being shipped, and the Harmonized Tariff Schedule (HTS) number.

Who Is Responsible for Filing the ISF?

The primary responsibility for filing the Importer Security Filing (ISF) lies with the ISF importer. This is usually the goods’ owner, purchaser, consignee, or a licensed customs broker or agent acting on their behalf.

The importer is responsible for the ISF-10 (standard ocean imports). They may file the ISF themselves or authorize a licensed customs broker or freight forwarder to file it.

The responsibility typically falls on the carrier or freight forwarder for ISF-5 (used for transit cargo such as FROB, IE, or T&E shipments).

It’s important to note that even if an agent files the ISF, the ultimate legal responsibility for compliance rests with the importer.

What Are the Penalties for ISF Filing Errors?

Failure to submit an Importer Security Filing (ISF) accurately and on time can lead to serious consequences. U.S. Customs and Border Protection (CBP) may impose the following penalties for non-compliance:

  • Monetary Penalties: Each instance of a late, incomplete, or inaccurate ISF filing may result in a fine of up to $5,000. In cases of repeated or serious violations, higher penalties may apply.
  • Cargo Delays and Inspections: Goods not properly declared may be detained upon arrival at a U.S. port, causing clearance delays and additional inspections.
  • “Do Not Load” (DNL) Instructions: In some cases, CBP may issue a DNL instruction, preventing the cargo from being loaded at the port of origin.
  • Negative Impact on Compliance Record: Frequent violations can damage an importer’s compliance history with CBP, potentially affecting future shipments and clearance times.

After receiving a penalty notice from CBP, importers may request penalty mitigation or relief within a specified period, typically within 60 days.

How to Submit an ISF

There are several common ways to submit an ISF, depending on the importer’s capabilities and resources:

  1. Through a Licensed Customs Broker or Freight Forwarder: This is the most widely used method. Importers often engage a licensed customs broker or freight forwarder to file the ISF using electronic systems such as the Automated Broker Interface (ABI) or Automated Manifest System (AMS). These professionals are well-versed in filing requirements and ensure compliance.
  2. Self-File: Importers with a CBP-approved electronic data interchange (EDI) system—typically through the ACE (Automated Commercial Environment) portal—can submit the ISF themselves. However, this method is recommended only for those who are experienced and familiar with CBP regulations.
  3. Via Online Service Platforms: Some third-party logistics providers and software platforms offer ISF filing services through their systems, which can be a convenient alternative for small to mid-sized importers.

Key Steps and Considerations for Filing ISF

  • Start Early: Gather all required data elements (the “10+2” details) from supply chain partners—including suppliers, manufacturers, and carriers—as early as possible to meet submission deadlines.
  • Ensure Accuracy: Inaccurate data can result in CBP penalties. Double-check critical details such as HTS codes, party names, and addresses.
  • Update When Needed: The ISF must be promptly updated if any shipment details change after the initial filing, such as the vessel, port of loading, or container stuffing location.
  • Communicate with All Parties: Maintain clear and timely communication with your suppliers, freight forwarders, and brokers to ensure all required information is accurate and timely.
  • Track Filing Status: Confirm that CBP has successfully submitted and accepted the ISF. Some brokers and platforms offer real-time tracking tools to monitor filing status.

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