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Late ISF Penalty and how to mitigate the fines

The ISF Filing is one of the most important steps in the import process which importers have to ensure their Importer Security Filing is filed 24 hours before the loading of the vessel overseas. Failure to file the ISF in a timely manner gives US Customs and Border Protection (CBP) the right to issue fines and penalties from $5,000-$10,000 per shipment. Most new importers are not aware of this requirement, or in many cases know the fact of the matter late from their seller or shipper to have it done. Based on our many years of experience hadling the Importer Security Filing (ISF), normally CBP will not issue fines to new importers, but usually will issue if they see there is a history of being late. It is still important for new and seasoned importers to have the ISF filed even if it is late to lessen the chances of CBP taking action.

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The below document is a real world case in which CBP issued a penalty letter to the importer. 

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ISF Penalty Letter CBP page 1
ISF Penalty Letter CBP page 2

What happens after ISF Penalty Notice is received?

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After the importer receives the penalty letter. They either can pay the fines to CBP in full, or they can also submit a petition for relief of the fines to reduce the penalties issued. The timing to file a petition is also very important as 60 days is given, if over this timeframe, US Customs will reject the petition. This action of petition is also known as ISF mitigation in which the reasons and facts are presented to US Customs to explain why the ISF was filed late and what future actions will be in place to prevent future lateness. US Customs will review the mitigation circumstances and decided whether or not to lessen the fines or to what degree. 

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In the below document example CBP has issued a notice decision on the petition relief which they have granted leniency and reduced the ISF penalty for the importer from $5,000 to $1,250. 

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CBP Response to ISF Mitigation

Conclusion

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Filing the ISF in a timely manner is essential for your shipment even if you are late. US Customs does take in facts and circumstances to lessen the penalties if in the case ISF mitigation. Here at ImporterSecurityFiling.com we can file your ISF 7 days a week to ensure your shipment is in compliance, and also have you covered for any issues which may arise with CBP. 

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Visit our website to learn more or to file your ISF via our ISF Filing Online Form

Obtain Peace of Mind with Late ISF Penalty Protection

*Protect your business and personal finances with Late ISF Penalty Protection. Any fines or penalties issued by US Customs for late ISF Filing, we will assist in ISF penalty mitigation services which can reduce the penalties issued by US Customs from $5,000 to $1,000-$2,000.*

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