Importer Security Filing — the "10+2" rule — requires that specified cargo data elements be transmitted to CBP no later than twenty-four hours before lading at the foreign port for ocean-borne imports. The Activity Code 16 bond guarantees the filer's obligation to transmit that data accurately and on time; failure exposes the filer to liquidated damages, which the surety guarantees up to the penal sum.
The bonding requirement is at 19 CFR § 149.5, and the ISF program itself is administered by CBP under Part 149.
Who must post it
- Parties that file ISF but are not the importer of record on a continuous Activity Code 1 bond.
- ISF filers acting in an agency capacity for multiple importers.
- Occasional importers of ocean cargo who need a single transaction ISF bond for one shipment.
What the bond guarantees
- Complete, accurate and timely transmission of the ISF-10 (importer) data elements.
- Payment of liquidated damages, which begin at $5,000 per violation, for late, inaccurate or missing filings.
How CBP sizes it
- Continuous: sized under CBP's bond-amount guide; many filers carry $50,000.
- Single transaction: a standalone ISF bond keyed to the shipment, typically $10,000, is available for one-off filings.
Practitioner notes
- Most importers of record satisfy Activity Code 16 implicitly through their continuous Activity Code 1 bond and do not need a separate ISF bond.
- Standalone ISF bonds are most often filed by freight forwarders, NVOCCs and agents who file ISF in their own name.
- ISF liquidated-damages claims are the single most common customs bond claim; a filing-discipline review is worth more than a larger bond.
Frequently asked questions
Do I need an ISF bond if I have a continuous importer bond?
No. A continuous Activity Code 1 bond includes ISF coverage for the importer of record.
What are the penalties for a late ISF?
Liquidated damages of $5,000 per violation, which the bond secures.
Can I get a single transaction ISF bond?
Yes. A standalone single transaction ISF bond is available for one-off ocean shipments.
Primary sources
