(If so, we can help. See below)
U.S. Customs may assess liquidated damages because an importer of record, or its Customs broker, either did not satisfy one or more conditions of importation, including redelivery of merchandise.
A typical example is failure to redeliver and export or destroy merchandise that was refused admission by the U.S. Food and Drug Administration (FDA) within 90 days of refusal. You will note that a demand for redelivery accompanies a refusal notice. In these cases, merchandise must be exported or destroyed under specific guidelines, both of which include redelivery of the merchandise and physical witnessing of either the export or destruction. If the merchandise is exported or destroyed, but, not under the specific guidelines set by CBP and FDA, CBP can assess liquidated damages. The amount of the liquidated damages claim in this case can be up to three times the value of the merchandise, but, will be capped at the amount of the customs bond, typically $50,000.00.
If you receive a liquidated damages claim from U.S. Customs, contact Diaz Trade Law today. We have helped numerous companies successfully mitigate liquidated damages from CBP. Jennifer Diaz is a board certified international attorney, and as an expert in mitigating liquidated damages claims, will discuss your options, including filing a Petition with CBP.
Successfully assist in mitigating liquidated damages claims from FDA for failure to export or destroy refused merchandise under FDA and CBP regulations. Some real examples include: