On June 17, 2016, Customs announced that for shipments that are on the water on or before June 30, 2016, CBP ports will no longer be required to send requests for liquidated damages claims to Headquarters for review, and the “three-strikes” approach to liquidated damages claims against importers’ bonds will also end. There is no change to cargo holds for ISF non-compliance. Ports have the authority to both hold cargo and initiate liquidated damages claims.
We would expect to see an increased level of liquidated damages cases in light of the elimination of the “three strikes” policy.
Here is the link to CBP’s CSMS Notice, http://apps.cbp.gov/csms/viewmssg.asp?Recid=21856&page=&srch_argv=16-000499&srchtype=&btype=&sortby=&sby=
If you have any questions, please contact Richard M. Wortman.
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