Liquidation

CBP Protests and Post-Entry Corrections

Copyright 2025 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. CBP Protests and Post-Entry Corrections

CBP is one of the most active federal enforcement bodies in international trade. CBP has broad authority to examine, detain, seize, and penalize imported goods, and it exercises that authority through an expanding set of tools.

Enforcement Mechanisms

CBP’s core enforcement mechanisms include:

  • Detention and Examination – Customs laws and regulations provide US Customs officers at all 328 ports of entry the ability to stop and search persons or merchandise and make admissibility decisions. Before goods are seized by CBP, they typically go through the detention process. CBP may detain any shipment for examination when it has reason to believe the goods may violate U.S. law.
  • Seizure and Forfeiture – When CBP suspects that goods violate U.S. law, it can seize the merchandise. The importer then faces a choice: file a petition for relief with CBP’s Fines, Penalties and Forfeitures Office (FP&F), offer a monetary settlement in lieu of forfeiture, abandon the goods, or contest the seizure through the administrative or judicial process.
  • Liquidation and Reliquidation – Every entry is subject to liquidation – the final determination of duties owed. CBP may liquidate an entry at a higher duty rate than originally estimated, triggering an unexpected duty bill. Importers have limited windows, generally within 180 days of liquidation, to challenge liquidation decisions.
  • Penalties – CBP has the authority to issue monetary penalties for violations of customs laws. These penalties may be assessed […]
By |2026-07-22T17:44:23-04:00July 22, 2026|Bloomberg Import|0 Comments

Now, More than Ever, Be Wary of and Responsive to a CBP Form 28!

U.S. Customs and Border Protection (“CBP”), having previously identified AD/CVD evasion as priority trade issue, is ramping up its efforts to further combat AD/CVD evasion. Effective August 22, 2016, interested parties can, in addition to pursuing either a civil False Claims Act/Qui Tam Action or a criminal trade violation, now report Enforce and Protect Act (“EAPA”) violations using CBP’s e-Allegation mechanism.

Who is an Interested Party?

Interested parties qualified to use this violation reporting mechanism include:

• Foreign manufacturers, producers, exporters, or importers of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise
• Manufacturers, producers, exporters, or importers in the U.S. of a domestic like product
• A certified union or recognized union group of workers that is representative of an industry engaged in the manufacture, production or wholesale of a domestic like product in the U.S.
• A trade or business association a majority of the members of which manufacture, produce, or wholesale a domestic like product in the U.S.
• If covered merchandise is a processed agricultural product, a coalition or trade union that is representative of processors, processors and producers, or processors and growers […]

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