Fines, Penalties and Forfeitures

Questions and answers about Fines, Penalties, and Forfeitures

  • CBP PENALTY MITIGATION

    QUESTION: I filed a petition in order to mitigate an amount of penalty.  Should CBP disagree with my evidence, what is the next step?  Is CBP’s answer to my petition final?  ****************** Answers: This is common. If you have a fact you need to think about how you can “support” it with evidence.  This can […]

  • If a company does not have an import-export (trade compliance) manuals what are the consequences with CBP and BIS? Are there penalties?

    QUESTION: If a company does not have an import-export (trade compliance) manuals what are the consequences with CBP and BIS? Are there penalties? Do I need to emphasize with management the need and/or requirement for these documents? Are corporate manuals and SOPs with brokers and freight forwarders mandatory? ************* Add’l Answers: OK, I’m going to […]

  • LIQUIDATED DAMAGES NOTICES

    QUESTION: As an importer of self filing, we have a couple entries that were paid late for a few days. So we received liquidated damage bill from CBP amounts about $100-$200 each. We are paying those liquidated damage within 60 days. My question is what is the effect on receiving liquidated damage, is there a […]

  • TIB PENALTY MITIGATION

    QUESTION: I am looking for feedback regarding a TIB Liquidated Damages Penalty. We are US manufacturer, and imported 6 items which were intended to be manufactured and subsequently re-exported.   Five of the items were exported properly. Unfortunately, the remaining item had to be manufactured into a domestic project and was not exported. We have received […]

  • MITIGATING LATE FILE PENALTIES

    QUESTION: Has anyone had success petitioning CBP to mitigate multiple late file penalties against one single ACE/ACH Periodic Monthly Statement?   CBP issues separate penalties, one for each business day of subject monthly statement (for e.g. 22 x separate penalties, minimum $1000 each).  Seems that since all activity is on one single ACH payment, so […]

  • CBP RECORDKEEPING FINES

    Question: Does anyone have an a real life example where CBP fined an Importer for record keeping non-compliance? ************* Answers: An importer was claiming duty-free treatment under HTS 9801 (US goods returned) on multiple imports.     Via Requests for Information, U.S. Customs requested  copies of the required Manufacturers Affidavits to support the use of HTS 9801.      […]

  • IMPORT PENALTY CASE EXAMPLES

    Question: I’m building a presentation for management where I’m looking to include a ‘fear factor’ slide showing other company’s fines, penalties, etc., for mismanagement or little / no management over the import process. Seems like export cases are well published, any published / publicly available import cases that I could reference ? Names not necessary, […]

  • ECCN PENALTY CASE

    Question: I remember hearing about a penalty case where a manufacturer gave an incorrect ECCN to their customer, the customer exported with that ECCN and the manufacturer was penalized. I want to include this in our ECCN training but cannot find the case. Can the membership share a case reference number or link? ********* Answers: […]

  • CBP FINES AND PENALTIES Addt’l answers

    Question: I don’t generally work on the import side of the equation and need some help with the following questions: Customs Broker A  files Notice of Immediate Entry/Delivery with Bonded Warehouse for a shipment of books valued at $31,000. Shipper B picks up cargo from bonded warehouse and, pursuant to instructions from Importer of Record […]

  • ADD and Interest calculation

      Question:   I have been asked to estimate the interest due on some anti-dumping (type 03) entries. I have a schedule of the quarterly interest rates from 2004 to the present.  I have a copy of  ABI Administrative Message #99-0777 which is dated 9/14/1999. The message provides procedures for calculating interest for reconciliation. My […]