U.S. Customs and Border Protection has announced they will begin enforcement of the ISF-5 filing requirement for Foreign Retained on Board (FROB) cargo. This will affect any foreign cargo calling a U.S. port in transit. Previously carriers were listed as the Importer through the shipment process since the implementation of ISF 10+2 Filing Rules in 2009. CBP announced on December 17, 2018 that ISF-5s were adopted, but full enforcement not until March 15, 2019.

Under ISF-5 rulings, the NVOCC or booking agent are the parties responsible for the filing itself. The filing must be completed at the lowest bill of lading level (house bill, if applicable) prior to loading. The policy also applies to shipments were the carrier has diverted the cargo, making it FROB. In this case, the NVOCC or whomever issued the bill of lading is responsible for the ISF-5 within 24 hours of the diversion.

The Five Key Fields for ISF-5 Filings are:

• Booking Party
• Foreign Port of Lading
• Place of Delivery
• Ship to Party
• Commodity HTSUS Number

As importers, it is very important that you and your suppliers are aware of the ISF-5 filing requirements to ensure accurate information is provided to your Forwarder, Broker, NVOCC or Carrier as quickly as possible. Please contact your Mallory Representative for more information.