Bloomberg Import

Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles! Below is the article reproduced, you can also read here.

All imports and exports are regulated by US Customs and Border Protection (CBP or US Customs; formerly the US Customs Service), which is the largest federal law enforcement agency of the Department of Homeland Security (DHS). The history of CBP and the fines, penalties, and forfeitures (FP&F) process goes back to July 4, 1789. The second Act of the First Congress of the United States was to establish a system of tariffs on imported goods to fund the new federal government. Shortly thereafter, Congress established the U.S. Customs Service and subjected merchandise to fines, penalties, and forfeitures for breaches of the law.

The authority to initiate seizures and impose fines was initially vested in Customs field personnel and all fines, penalties, and forfeitures required judicial enforcement. There was no provision allowing the granting of equitable relief. In 1797, the authority to grant equitable relief was vested in the Secretary of Treasury. Over time, as the Secretary’s responsibilities increased, the authority to remit or mitigate penalties was delegated to subordinate officials in the Department and the Customs Service.

In 2003, the US Customs Service was transitioned to CBP, the nation’s first comprehensive border security agency with a focus on maintaining the integrity of the nation’s boundaries and ports of entry. Today, CBP has full authority—pursuant to delegation of authority—to assess penalties and seize merchandise for violations of customs laws. […]

By |2023-11-07T17:44:02-05:00November 6, 2023|Bloomberg, Bloomberg Import|0 Comments

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

Significant Changes to CTPAT Trade Compliance Program in 2022

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Significant Changes to CTPAT Trade Compliance Program in 2022“! 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 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

Title

Go to Top