On February 1, 2010, CBP posted updated Frequently Asked Questions (FAQs) on the Importer Security Filing (ISF) or “10 + 2” rule on its internet site. The updated FAQs contain questions and responses that address several issues of concern, including the requirement to include Automated Manifest System bill of lading information in an ISF, and flexible timing and filing options. The FAQs further include definitions of bulk and break bulk cargo. Importantly, CBP also clarified in its updated FAQs that the six-year statute of limitations from the date of the breach of a bond applicable to a Government action for monetary damages under 28 U.S.C. § 2415 applies equally to ISF violations.

For more information on requirements under the 10 + 2 rule, please see previous issues of this newsletter.