?Do you need to file an ISF for used harvesters, and what happens if you don’t?

What is ISF (Importer Security Filing)?

You are required to submit an Importer Security Filing (ISF), commonly called the “10+2,” for ocean shipments destined for the United States. ISF is a U.S. Customs and Border Protection (CBP) requirement that improves supply chain security and provides CBP with advance cargo information. For used harvesters — whether shipped in a container, on a roll-on/roll-off (Ro-Ro) vessel, or as breakbulk — ISF obligations matter because the filing is tied to release decisions, fines, and inspections that can stop your equipment at the port.

Basic definitions and requirements

You must file ISF at least 24 hours before the cargo is loaded onto the vessel that will transport it to the United States. The filing includes ten mandated data elements you (or your authorized filer) must provide. Two additional filings are the carrier’s responsibility (vessel stow plan and container status messages), hence the “10+2” label. Failure to file, or filing inaccurate information, can produce penalties, holds, or denials of entry.

Why filing ISF matters for used harvesters

Filing ISF for used harvesters is not just a bureaucratic step. It affects your ability to get the machine released, your exposure to regulatory enforcement (APHIS, EPA, DOT), and your finances. The reasons to file correctly and early include:

• Security and legal compliance: CBP requires the information to assess risk and vet cargo. You comply with federal law by filing.
• Avoiding costly delays: Ports and carriers typically will not release containerized cargo without an accepted ISF. Delays create detention and demurrage costs that can dwarf the import cost of the harvester.
• Preventing seizure or refusal: Used agricultural machinery often triggers inspections by the Animal and Plant Health Inspection Service (APHIS) due to soil and plant residue. If the ISF is wrong or missing, that inspection can be delayed or turned into a full seizure.
• Emissions and environmental rules: The U.S. Environmental Protection Agency (EPA) has import rules for engines and emissions. If an engine doesn’t meet applicable standards (or if the paperwork is missing), the equipment may be detained.
• Correct duty and valuation: ISF data supports CBP’s risk analysis and helps ensure correct classification and valuation. Misstating the manufacturer, country of origin, or HTS code can prompt customs adjustments and penalties.
• Chain-of-custody clarity: ISF creates a formal record of the transaction and parties. That record is vital if you buy the machine at auction, import refurbishments, or move equipment between related parties.

ISF required data elements — how they apply to used harvesters

Below is a table that lists the ten ISF data elements and explains what they mean specifically when you import used harvesters. This keeps the information from scattering and provides a practical checklist.

Step-by-step ISF filing process (start-to-finish)

This section gives you a practical, end-to-end process for ISF filing. Each step is actionable and written so you can follow it without gaps.

1. Gather documentation and identify parties

   • Collect invoice, bill of sale, purchase order, manufacturer documentation, and any certificates (EPA, phytosanitary).
   • Confirm the importer of record, consignee, and who will be your ISF filer (you, a customs broker, or a freight forwarder).

2. Verify classification and origin

   • Confirm HTSUS classification for used agricultural machinery.
   • Determine the country of origin and whether any preferential duty or special ruling applies.

3. Clean and prepare the harvester

   • Ensure it is free of soil, plant matter, pests, and prohibited substances. APHIS inspections are strict, and a dirty harvester can be refused entry.

4. Confirm shipping method and stuffing location

   • If containerized, confirm where stuffing occurred and the container number.
   • If Ro-Ro, document the port and vessel details.
   • If breakbulk, document the place and method of stowage.

5. File ISF at least 24 hours before lading

   • Submit the 10 ISF elements to CBP through your broker or authorized filer. For multi-container shipments, reference the appropriate container numbers or shipment IDs.
   • If the shipment is scheduled but information isn’t complete, obtain a pre-lodged ISF with placeholders only in exceptional situations — but avoid placeholders if possible: inaccurate data creates risk.

6. Monitor confirmation and AMS messages

   • Receive ISF acceptance or rejection. If rejected, correct and resubmit immediately.
   • Track carrier container status messages.

7. Prepare for arrival inspections and regulatory clearances

   • Provide APHIS and EPA documentation as required.
   • If necessary, arrange for fumigation, cleaning, or engine certification.

8. Make amendments if data changes

   • If key details change after filing (e.g., different manufacturer or container number), submit an ISF amendment immediately. CBP allows amendments, but delays close to arrival can cause penalties if CBP believes false statements were made.

9. Final entry and release

   • Submit the CBP entry and supporting documents. Pay duties, fees, and any required mitigations.
   • Arrange final delivery after release by CBP and other agencies.

10. Keep records

• Retain ISF submissions and supporting documents for at least five years. CBP can audit these records and impose penalties if records are incomplete.

Below is a timeline table to guide you on when to take each action relative to the vessel’s departure and arrival.

Edge cases and nuanced situations

You will encounter edge cases with used harvesters. These require nuanced handling and strict attention to detail.

• Ro-Ro shipments: Ro-Ro shipments are often treated differently in practice, but ISF still applies for vessel imports destined for U.S. ports. Provide the port of loading as the container stuffing location equivalent and ensure the carrier’s AMS messages are complete. If the shipment is non-containerized and qualifies for an exemption, confirm that exemption in writing and retain for your records.

• Breakbulk and project cargo: If the harvester is shipped as breakbulk, confirm whether the carrier treats it as containerized or non-containerized for ISF. Err on the side of filing; the cost of a late filing is higher.

• Temporary imports for repair (TIB): If you import a used harvester temporarily (for repair or modification), ISF still may be required if it arrives by vessel. You must also file the proper CBP forms for temporary importation and secure a bond.

• Returned goods and warranty shipments: If you are returning a harvester to the U.S. importer, you may “re-import” goods. ISF still applies because the cargo arrives by vessel. Accurate paired documentation showing return status will mitigate valuation and duty disputes.

• Auction purchases and unknown origins: When you buy at auction, seller and manufacturer information may be incomplete. Obtain as complete documentation as possible. If you lack manufacturer confirmation, list the best available information and be prepared to justify it if audited.

• Refurbished vs. used: If a used harvester has been significantly modified or refurbished, determine whether the refurbisher is the manufacturer for country-of-origin purposes. A “substantial transformation” analysis may change the listed country of origin and affect duty.

• Used engine emissions compliance: If the harvester has a nonroad diesel engine, ensure it complies with EPA import rules. If not, obtain an EPA exclusion or apply for a waiver where possible. Missing EPA paperwork results in detention and potentially costly re-export.

• Soil, pests, and agricultural residue: APHIS may require cleaning, fumigation, or issuance of a phytosanitary certificate. If APHIS finds prohibited pests or plant pathogens, expect costly remediation or refusal.

Compliance tips and best practices

You can mitigate the biggest risks by building a checklist and following consistent processes.

• Use a competent customs broker or ISF filer: Choose a filer experienced with agricultural machinery and used equipment. A specialized broker will catch HTS, EPA, and APHIS issues before they become problems.

• File early and accurately: Don’t wait until the last moment. ISF must be filed at least 24 hours before loading; many importers aim for 72 hours to provide a buffer.

• Label manufacturer vs. refurbisher correctly: For used harvesters, list the original OEM as the manufacturer unless a substantial transformation occurred. If the unit was rebuilt to OEM specifications by a third party, document the work and consult counsel if country of origin is unclear.

• Clean gear and document the clean-up: Clean all soil and plant matter from the harvester before shipment. Photograph the equipment and retain cleaning receipts. APHIS uses this documentation in release decisions.

• Prepare EPA documentation: If the harvester’s engine is regulated, secure certificates or evidence of compliance. If the engine is exempt or cannot meet standards, address options before shipment.

• Check classification and duty rates: HTS codes for used agricultural machinery may be different from new equipment or parts. Misclassification invites penalties or duty adjustments.

• Maintain complete records: Keep invoices, bills of sale, ISF transmissions, AMS messages, and EPA/APHIS documents for five years.

• Plan for insurance and contingencies: Add marine insurance and contingency plans for cleaning, fumigation, or re-export if inspections fail.

Consequences of not filing or filing incorrectly

You can expect real and measurable consequences if you ignore ISF rules or file poor-quality data:

• Monetary penalties: CBP can assess liquidated damages of up to $5,000 per violation for failure to file, and similar penalties for inaccurate ISF data. For repeated violations, penalties can escalate.

• Cargo holds and refusal: Carriers and CBP typically will not release containerized cargo without an accepted ISF. Your harvester can sit at the terminal, accruing demurrage and storage costs. In severe cases, goods are refused and must be re-exported at your expense.

• Seizures and administrative actions: If other agencies find noncompliance (APHIS, EPA), they may seize or destroy the harvester or require costly remediation.

• Slowed business operations: Equipment delays can stop harvest cycles or scheduled work, costing you far more than the fine.

• Audits and reputational damage: Recurrent ISF issues invite CBP audits, greater scrutiny, and potential long-term damage to your import privileges.

Frequently asked questions (with direct answers)

Below are concise answers to common questions you will face.

Q: Is ISF required for all used harvesters arriving by sea? A: If the shipment arrives by vessel to a U.S. port and is intended to be entered into U.S. commerce, yes — ISF is generally required. Confirm with your broker for unique carriers or special cargo treatments.

Q: Who can file the ISF? A: The importer of record, a licensed customs broker, or a designated agent can file the ISF. You are ultimately responsible for accuracy.

Q: What happens if the ISF contains errors? A: You must submit an amended ISF as soon as the error is known. Late or inaccurate filings can trigger penalties and holds.

Q: Are there exemptions for Ro-Ro or breakbulk? A: There are limited exemptions. Many Ro-Ro and breakbulk shipments still require ISF. Always verify the shipment category with your carrier and broker before assuming exemption.

Q: Does ISF replace other import requirements like APHIS or EPA paperwork? A: No. ISF is one part of the compliance puzzle. APHIS, EPA, DOT, and local port rules remain independent requirements.

Q: How long must I keep ISF records? A: Keep ISF filings and supporting documents for at least five years from the date of entry.

Checklist to file ISF for used harvesters

Use this checklist before shipment to reduce surprises and costs.

• Confirm whether shipment is ocean-bound and ISF applies.
• Identify who will act as importer of record and ISF filer.
• Obtain and verify seller and buyer legal names and addresses.
• Determine manufacturer and correct country of origin.
• Calculate and confirm HTS classification for used machinery.
• Clean the harvester; photograph and document cleaning.
• Obtain EPA documentation for engines if required.
• Secure phytosanitary or APHIS clearances if necessary.
• Confirm container stuffing location or Ro-Ro loading port.
• File ISF at least 24 hours before vessel departure and confirm acceptance.
• Monitor AMS/container status messages and coordinate CBP entry.
• Retain all records for five years.

Final thoughts and a clear path forward

You will save time, money, and risk if you treat ISF as an integral part of the import process for used harvesters rather than an afterthought. The filing is simple in concept but exacting in practice. Accuracy matters: manufacturer naming, country of origin, and the HTS code are not clerical details — they are the details that determine whether your machine sits in a yard for weeks while fines grow.

If you haven’t yet built a consistent process, make one now. Choose a broker who understands agricultural machinery, verify cleaning and EPA documentation before shipping, and file the ISF early. You will protect yourself from the predictable harms of delay, penalty, and regulatory seizure. Compliance is not merely following rules: it is an investment in the continuity of your operations and the protection of your bottom line.