Best Practices

Customs Undervaluation- It’s a Crime

Customs Valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good. As part of its agreement with the World Trade Organization (“WTO”), the U.S. is part of an internationally standardized system of valuing imports. This standardized system allows for CBP to protect revenue, ensure reasonable care from importers, and accurately calculate Census trade statistics. Accordingly, it is critical to declare the value of importations accurately and compliantly. 

The U.S. Customs and Border Protection (CBP) valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia (i.e., the best resource on valuation inquiries). CBP permits merchandise to be valued according to one of the six valuation methods listed below. The methods are applied sequentially from first to last until an applicable value is determined. If the first method does not apply, the importer must then evaluate the second, and so on, until an appropriate method applies. The only exception to this sequential evaluation requirement is when evaluating between deductive value and computed value – an importer may choose to use the computed value before the deductive value.

Methods of Valuation:

  1. The transaction value of imported merchandise (the majority of imports use transaction value – i.e., the price paid or payable plus assists (see below))
  2. The transaction value of identical merchandise
  3. The transaction value of similar merchandise
  4. Deductive value
  5. Computed […]

Bloomberg: Submitting a Prior Disclosure to CBP

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Prior Disclosure to Customs & Border Protection“! Below is the article reproduced with permission for your reading pleasure. You can also read the article here.

We’d love to hear your feedback!

 

All parties involved in the importation of merchandise into the US, such as importers, customs brokers, exporters, shippers,  and foreign suppliers and manufacturers, can file a Prior Disclosure (PD) with Customs and Border Protection (CBP) to  proactively disclose certain false statements, acts, or omissions in violation of 19 U.S.C. § 1592. By doing so, these parties  may benefit from reduced penalties as a result of the PD filing. However, if CBP, Immigration and Customs Enforcement  (ICE), or Homeland Security Investigations (HSI) first discovers the violation and notifies the party, the party no longer has  a right to file a PD.

This article provides the background of CBP PDs, explains CBP’s new extension requirements, and identifies best practices  to optimize your PD filing process.

Enforcement Background

CBP is an agency of the Department of Homeland Security that is responsible for protecting the American people,  safeguarding US borders, and enhancing economic prosperity. Among many objectives, CBP’s mission priorities are to  facilitate lawful trade, safeguard US interests by preventing unlawful trade, and protect revenue.

CBP is chiefly responsible for enforcing 19 U.S.C. § 1592, a statute under which CBP can assess monetary penalties against  persons who make material false statements, acts, or omissions in connection […]

By |2023-07-26T14:48:53-04:00September 20, 2022|Best Practices, Bloomberg, Bloomberg Import|0 Comments

Customs and Trade Law Weekly Snapshot

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

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Bloomberg: A Comparison of Customs IPR Protection in the U.S. & China

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “A Comparison of Customs IPR Protection in the U.S. & China“! We want to thank Wen Peng, trademark attorney of Chofn Intellectual Property for her contributions. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

[…]

Bloomberg: Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

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