Import Expert

Bloomberg Law: CBP Recordkeeping Requirements – Retention, the (a)(1)(A) List, and More

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “CBP Recordkeeping Requirements – Retention, the (a)(1)(A) List, and More”

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Recordkeeping requirements have been part of Customs regulations since the beginning of the Federal government. Over time, Congress and Customs and Border Protection (CBP) have modernized the requirements to meet the needs of the community and utilize modern technology. All importers should have a recordkeeping program to ensure every shipment meets the requirements. Failure to produce records to CBP can result in significant penalties.

Regulatory History

Recordkeeping requirements date back to the 1700s. Back in 1789 importers were required to provide Customs with two copies of their manifests, original bills of lading, and even swear an oath as to the accuracy of their records. Failure to produce records or take the oath would result in a fine of five hundred dollars. Even the people working on the ship, if they were unloading it illegally, would face forfeiture of the goods, a $400 fine, and their names would be published in the local State gazette.

Later, Congress put in place more stringent measures to ensure compliance. In 1863, the “Act to prevent and punish Frauds upon the Revenue, to provide for the certain and speedy Collection of Claims in Favor of the United States, and for other Purposes” began requiring three copies of invoices and penalties jumped to a maximum $5,000 for making fraudulent records or concealing/destroying them along with up to two years in prison.

Today, […]

By |2024-11-06T09:55:55-05:00September 12, 2024|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

Help Us Celebrate 2017 Successes!

DTL saved clients MILLIONS of dollars in 2017, below we list a summary of some of our compliance successes! Let us assist you in 2018!

U.S. Customs & Border Protection (CBP)

  • Assisted importers in filing prior disclosures that were accepted by CBP and/or DOC and avoiding substantial penalties.
  • Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
  • Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP. […]
By |2018-01-16T19:26:36-05:00January 15, 2018|Best Practices, Events, Speaking|0 Comments
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