E-mail: CGLtpa@CGLship.com
E-mail: CGLmia@CGLship.com
To our Valued Customers,
As you know, effective January 26th, 2009 Customs and Border Protection's (CBP) Importer Security Filing (ISF) program goes into effect. It is our intention to work with you to provide a "Best Practice" procedure for your import shipments that will protect you, the Importer, as this system goes forward.
Understanding the requirements and potential liabilities associated with the ISF filing is of utmost importance - especially because CBP has clearly indicated in the regulation that the importer is responsible for the truth and accuracy of the information submitted to the agency.
Following our "Best Practice" procedure will give you direct and greater control over whether or not your Company will be liable for any CBP fines or penalties, should your suppliers ship items to you without a valid or accurate ISF filed prior to departure from origin, within the specific timelines outlined by CBP.
Retaining your ability to reject shipments (to avoid CBP penalties or other agency enforcement actions) due to breach of contract by a supplier, or by having the ability to open up negotiations with a seller regarding their involvement with a non-compliant ISF filing (or failure to file an ISF), is one of the best ways to maintain control in this regulatory environment.
Also, by following our "Best Practice", you may be able to demonstrate to CBP that you acted with "reasonable care" in the event that inaccurate ISF data is supplied by the seller, and CBP and initiates a penalty action against you. Significant penalty mitigation or even elimination of penalty liability may be possible in such cases.
ISF "BEST PRACTICE" PROCEDURE
Step 1
On all Purchase Contracts, Purchase Orders, Letters of Credit or other instruments that are utilized to purchase your products from overseas, add the following clause;
This purchase contract is contingent upon the following conditions being met;
A minimum of Five (5) days prior to delivering this shipment to the pier or to the ocean carrier you must e-mail the following information to preadvise@LRGTransport.com, or fax it to 813-890-9362;
ISF Reporting Form
To: (LRG Customer Service Representative)
From: ___________________________
Date: ____________________________
Ocean Bill of Lading Number: ____________________________
Please be advised that the shipment on the above referenced Ocean Bill of Lading was;
Consolidated By;
Name____________________________
Address__________________________
At The Container Stuffing Location;
Name____________________________
Address__________________________
The following Commercial Invoices for the above cargo are attached;
List Invoices __________ ____________ ___________
__________ ____________ ___________
We hereby certify that the above information is true and correct and is complete.
Make sure you attached ALL Commercial Invoices covering the cargo shipped. All invoices must include the country of origin of the items in the shipment.
You must wait until you receive an e-mail ISF Confirmation response from LRG before delivering any ocean shipment to the pier or to the carrier.
Absent importer approval, failure to follow these instructions will cause this contract to be null and void.
Step 2
Supply your LRG Customer Service Representative with all copies of the above documents.
Step 3
When LRG receives an ISF Reporting Form and the Commercial Invoices from your seller, we will review the data received for completeness and accuracy, and then compile the following data elements;
1. Seller name and address (from the Commercial Invoice)
2. Buyer name and address (from the Commercial Invoice)
3. Importer of record number (from LRG's database)
4. Consignee number (from LRG's database)
5. Manufacturer/supplier name and address (from the Commercial Invoice)
6. Ship to Party name and address (from LRG's database)
7. Country of Origin (from the Commercial Invoice)
8. Commodity HTS Number (from the Purchase Order or LRG's Database)
9. Container Stuffing Location (from the ISF Reporting Form)
10. Consolidator Name and Address (from the ISF Reporting Form)
11. Ocean Bill of Lading Number (from the ISF Reporting Form)
Step 4
LRG will transmit the ISF data to CBP
Step 5
CBP will transmit the unique ISF identifier code to LRG (confirms receipt of the ISF filing)
Step 6
LRG will e-mail the ISF identifier code provided by CBP to the importer