According to the report the Government Accountability Office issued congressional requestors, CBP data indicates that importers are using the flexible options on their ISFs incorrectly or unnecessarily. Around 70% of Flexible Range and 60% of Flexible Timing are not used as intended.
CBP officials and ISF filers cited a range of motivations for using or not using the flexible options. CBP officials report that amending the ISF without the flexible options offers some filers more flexibility and cost savings compared to using the flexible options because the flexible options require updates while the compliant transaction option does not. Some importers said that using the flexible options would not be beneficial for them financially.
CBP will consider the limited overall use and the high rates of incorrect use in determining whether to eliminate, modify, or keep the existing flexibilities with the interim final rule.
The good news for TRG Direct customers is that using the flexible options does not place a financial burden on you since we do not charge for updates and retransmissions. This does require extra work, however, because ISFs need to be updated, marked Compliant Transaction, and retransmitted. However, we do not recommend cutting corners to avoid extra work. If you do not know what items are making the container, you must file Flexible Range. If you do not know the Stuffing Location and/or Consolidator, you must file Flexible Timing. If you file incorrectly and Customs audits you and finds out you were aware that it was not correctly filed, you are liable for a $5,000 fine.
