Liquidated damages claims should be expected within 6 months of the violation; however, this policy does not preclude CBP’s six‐year statute of limitations for liquidated damages claims. Ports have been advised to focus enforcement actions on the most severe violations (i.e., significantly late, or missing ISFs).
o “Significantly late” will be defined by the individual ports, and is intended to only apply to those shipments where the ISF filing (or lack thereof) negatively impacted CBP’s ability to effectively assess risk and hold cargo.
o ISF filings after arrival are always late and exposed to both liquidated damages claims
and ISF holds.
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