U.S. Customs and Border Protection (CBP) today released for publication in the Federal Register, a final rule concerning “importer security filing” (ISF) importers and their responsibilities for certain types of shipments.
The final rule [PDF 266 KB] broadens the definition of “ISF importer” to include the goods’ owner, purchaser, consignee, or agent (such as a licensed customs broker).
By broadening the definition to include these parties, the responsibility to file the ISF will be with the party causing the goods to enter the limits of a port in the United States and most likely to have access to the required ISF information.
Today’s release adopts proposals from 2016 as final, and the new rule is effective 30 days after its publication in the Federal Register on April 12, 2018.
The ISF regime requires ISF importers to submit to CBP an importer security filing that includes information about certain cargo arriving by vessel destined for the United States, before that cargo is loaded. With respect to goods intended for free trade zones in the United States, ISF importers must submit 10 data elements to CBP. ISF importers of goods that are intended to be transported as “immediate exportation” or “transportation and exportation” in-bond shipments must supply five data elements to CBP.
CBP proposed expanding the definition of ISF importer in a notice of proposed rulemaking in July 2016, because the rules did not reflect “commercial reality” and in some cases designate a party as the ISF importer even though that party has no commercial interest in the shipment and limited access to ISF data.
Today’s release finalizes the proposed changes from 2016.
For more information, contact a professional with KPMG’s Trade & Customs practice:
Douglas Zuvich | +1 (312) 665-1022 | firstname.lastname@example.org
Andrew Siciliano | +1 (631) 425-6057 | email@example.com
© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
KPMG International Cooperative (“KPMG International”) is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.