What is the penalty for a late or missing ISF (10+2) filing?
Quick answer
CBP can claim liquidated damages of $5,000 per violation against the importer's bond when Importer Security Filing duties are not met, such as a late filing or wrong data (19 CFR 113.62(j)). For ocean cargo, most ISF elements are due no later than 24 hours before the cargo is loaded on the vessel at the foreign port (19 CFR 149.2(b)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Who files | The ISF Importer or its authorized agent, for cargo arriving by vessel (19 CFR 149.2(a)) | Official source |
| Deadline: 8 elements | Seller, buyer, importer of record no., consignee no., manufacturer, ship-to, country of origin, HTSUS 6-digit: 24 hours before lading abroad (149.2(b)(1)-(2)) | Official source |
| Deadline: 2 elements | Container stuffing location and consolidator: as early as possible, no later than 24 hours before arrival in a US port (149.2(b)(3)) | Official source |
| Updates | Must be updated if information changes or more accurate data becomes available before the goods reach a US port (149.2(d)) | Official source |
| Liquidated damages | $5,000 for each violation; principal and surety jointly and severally liable (19 CFR 113.62(j)) | Official source |
| Other consequences | CBP warns of monetary penalties, increased inspections and cargo delays | Official source |
| Last verified | October 19, 2026 | Astor Ventures |
When is the ISF due?
Eight data elements are due no later than 24 hours before the cargo is laden aboard the vessel at the foreign port. The container stuffing location and consolidator are due as early as possible and no later than 24 hours before arrival at a US port. Ask your supplier for these details before the booking is confirmed.
Which shipments need an ISF?
Cargo arriving in the United States by ocean vessel. Air and truck shipments do not file an ISF, and bulk cargo is exempt under 19 CFR 149.4(a). Break bulk cargo has its own timing rules in 149.4(b).
How do I avoid a $5,000 claim?
Collect the ten data elements from the supplier and forwarder early, have your broker file before the 24-hour cut-off, update the filing when anything changes, and withdraw it if the goods will no longer come to the US (149.2(d)-(e)). Keep the filing confirmation with your entry papers.
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What else do people ask?
Does air freight need an ISF?
No. CBP says the ISF requirement only applies to cargo arriving in the United States by ocean vessel.
Is it $5,000 per shipment or per mistake?
The bond condition says $5,000 for each violation. It does not set a per-shipment cap for importers.
Who pays the liquidated damages?
The bond principal and its surety, jointly and severally (19 CFR 113.62(j)).
Is this legal advice?
No. General information only.