October 2023

Bloomberg Law Feature: Responding to CBP Form 28 or 29

It’s quite easy to start importing. An importer hires a customs broker to file entries and assist with getting a customs bond in place and may falsely believe they are ready to import without further educating themselves on the huge liabilities and responsibilities involved when importing. Every importer should have a robust compliance plan in place to ensure they are following all US laws and regulations. However, things don’t always go according to plan even for the most diligent companies.

If you receive a Request for Information (Form 28) or a Notice of Action (Form 29), the steps you take next can be critical for your business.

Why & When CBP Sends Form 28/29

As an importer of record, you have a responsibility to use “reasonable care” when declaring the classification, valuation, country of origin, and use of duty preference programs for merchandise imported into the US.

Customs often verifies that an importer is declaring merchandise entered into the US properly by sending an importer a Request for Information. If US Customs is not satisfied with an importer’s response to a Form 28 request, they will then send a Notice of Action, Form 29. A Form 29 signifies CBP’s decision to either (1) propose an action, or (2) to take action on a single entry, or a group of entries.

EAPA Action

The Enforce and Protect Act of 2015 (EAPA), allows CBP to investigate whether an importer has evaded anti-dumping and countervailing (AD/CVD) duties.

When an importer receives a Form 28, it can actually be […]

By |2023-10-30T10:49:26-04:00October 30, 2023|Bloomberg Import|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:     

Customs and Border Protection (CBP)  

  • CBP releases September 2023 monthly update. Highlights: 
    • CBP processed more than 2.7 million entry summaries valued at more than $271 billion.  
    • Identified nearly $6.6 billion of duties to be collected by the U.S. government. 
    • Stopped 259 shipments valued at more than $102 million for further examination based on the suspected use of forced labor. 
    • Seized 1,658 shipments that contained counterfeit goods valued at more than $280 million if the items had been genuine. 
  • CBP releases FY 2023 textile enforcement statistics. Highlights: 
    • CBP seized more than 5,000 textile shipments valued at more than $129 million. 
    • Issued approximately $67.2 million in commercial fraud penalties. 
    • Conducted audits that identified over $2 million in additional duty owed to CBP.  
    • Conducted laboratory analysis on 323 shipments, 42% of which were found to be mis-declared or mis-described when arriving […]
By |2023-10-27T15:25:05-04:00October 27, 2023|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:     

 Customs and Border Protection (CBP)  

  • CBP announced a new series of quarterly training webinars and resources to help small- and medium-sized businesses report trade violations that threaten their bottom line and hurt the broader U.S. economy.  
    • The webinars will run from November 7, 2023, through September 10, 2024, and will guide participants through the process of reporting commercial trade violations using the Trade Violations Reporting Tool 
  • CBP’s Small Business Acquisition Program is hosting a webinar on Thursday, Oct 26, 2023, at 3 p.m. ET titled “How to do Business with DHS (9 Components): A Road Map for Small Businesses.”  
    • The webinar will provide participants an overview on showing small business vendors how to do business with CBP. It will include how to run a report on upcoming opportunities above $250,000, plus learn how to gather direct points of contact. Register here.   
  • CBP’s Laredo Field Office reminds public of prohibited agricultural items that can carry citrus greening disease. 
  • CBP makes second largest seizure in Arizona […]
By |2023-10-21T13:09:13-04:00October 21, 2023|Snapshot, Uncategorized|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:      

Customs and Border Protection (CBP)  

  • CBP seizes unsafe hair dryers 
    • CBP seized 65 hair dryers on behalf of the Consumer Product Safety Commission (CPSC) that the agency determined were a substantial product hazard under the Consumer Product Safety Act. 
  • CBP to resume cargo processing at Bridge of the Americas October 10.  
  • CBP officers in Indianapolis seized two shipments containing 362 counterfeit designer watches. If genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $2 million. 
  • Customs and Border Protection (CBP) has provided guidance on conforming amendments to two previously reinstated exclusions associated with the Section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 
  • CBP gave notice that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter.  
    • For the calendar quarter beginning October 1, 2023, the […]
By |2023-10-13T14:08:25-04:00October 13, 2023|Snapshot|0 Comments

CBP’s New ePetition Process – What Importers Need to Know

If you have received a Notice of Seizure, Notice of Penalty, or Liquidated Damages Incurred and Demand for Payment from CBP, you have the right to seek relief by filing an administrative petition. 

If your merchandise is seized, you are provided a Fines, Penalties, and Forfeitures (FP&F) case number and assigned a paralegal. The paralegal will send you a “Seizure Notice” – which you have 30 days to respond to via petition. If the Petition is denied, you get a second bite of the apple and can file a “Supplemental Petition”.  You can also file an “Offer in Compromise” (OIC) – basically your attempt to negotiate with CBP to settle the case. 

If you’ve been through this process before, you know that filing a petition usually involves email and paper files. Not anymore! CBP has now rolled out an online portal that allows companies to file an “ePetition.” The portal also allows petitioners and members of the trade community to look up an existing petition.

As with any new process, there are some common questions around how to properly utilize the portal. Here are some FAQs:

1. Will FP&F prefer the petitions to come from the portal? 

Currently, it is an additional tool and importers may continue to mail or email the appropriate FPF mailbox or use the online tool.

2. What is the “Reference ID?” 

This is the system assigned ID applicable to each […]

By |2023-10-12T09:56:53-04:00October 12, 2023|Uncategorized|0 Comments


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