How will ISF bonding requirements be determined when the value of the cargo is unknown?
The amount of the ISF bond is not based on the value of the cargo. 8. The interim final rule states that “CBP will enforce the importer security filing, vessel stow plan, and container status message requirement, through the assessment of liquidated damages, in addition to penalties applicable under other provisions of law.” Can you give us an example of the types of penalties you had in mind in this regard. (Reference: 71760 – 3rd column, 3rd paragraph) Penalty statutes available to CBP include 19 U.S.C. 1595a(b) and 1436, depending upon the facts and circumstances of the violation. Penalty assessment and mitigation guidelines have been published in the CBP Bulletin. A copy of the “10+2” Mitigation Guidelines can be found in the legal bulletins section on the CBP.gov web site at the following location: http://www.cbp.gov/linkhandler/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_07172009_no28/43genno28.ctt/43genno28.pdf The guidelines begin on page 29 and end on page 41. 9.
