DIAZ Trade Law

Customs & International Trade Law Expert

Export Seizures and Penalties

Shippers Export Declaration (SED) & Filing Electronic Export Information (EEI) in the Automated Export System (AES)The Shippers Export Declaration (SED) paper filings no longer exist, and were replaced with the Electronic Export Information (EEI), which serves the dual purpose of providing export statistics and export control. EEI filings are made through the Automated Export System (AES). EEI’s must be filed in the AES when a shipment of merchandise under the same HTSUS is valued at more than US$2,500. If a valid, timely EEI transmission is not filed, CBP can seize the shipment and issue penalties.

Seizure and Penalties for Non-Compliance

U.S. Customs may seize goods if they are contrary to law. If your merchandise is seized, you have options. In your seizure notice, you are provided a Fines, Penalties, and Forfeitures (FP&F) case number and assigned a paralegal. The paralegal will send you a “Seizure Notice” and you have 30 days to respond to (yes, extensions are typically given freely, as long as they are requested BEFORE the 30 days expiration). A response is called a “Petition”. A Petition should be prepared by an expert in Customs cases. A Petition typically contains your legal arguments and the valid reasons why U.S. Customs should release your merchandise back to you.

How Can Diaz Trade Law Help?

Diaz Trade Law specializes in assisting companies with U.S. Customs seizure cases and understands the policies, procedures, and practices of CBP and clearly advises you of your options. Diaz Trade Law will not only help you you’re your current seizure, but, will also advise you on Pre-Compliance to make sure your merchandise complies with all relevant laws and regulations applicable prior to exporting.

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