Question: We submitted a detailed Prior Disclosure 2 years ago (December 2023) with payment of missed duties for AD/CV that we calculated. We have not heard anything back from CBP on this. I have never had such a long delay in a response before with a disclosure (at previous companies). Should I be concerned? I […]
Question: What is the difference between a Prior Disclosure vs Voluntary Tender? Answer 1: Wow, that is a really big question! I think, however, that a short answer may help clear the air. First, both accomplish a deposit of additional duties, that is or may be due, thus stopping the accrual of interest, and both […]
Question: When filing a prior disclosure – is it recommended to hold off on filing relevant Protests and PSC’s on the disclosed issue until you have filed the disclosure? This has been our typical experience and we are wondering if this is the best practice as to not “tip off” Customs that there are potential […]
Question: Dear Members: I am new to the company, and during an audit of entries from 2019, I discovered that some entries show an incorrect declared value at the time of entry. The discrepancy in the value to each entry does not result in a loss of revenue. I have entries that have not yet […]
Question: We found out that we might be out of compliance with the requirements of a USDA Permit. Can anyone point me in the direction of the USDA Fines and Penalties regs as well as information on submitting a prior disclosure. CBP (19 CFR §§ 162.74 and 163.11) govern the PD process. Where is this […]
Question: We have identified two entries for which a significant payment of Section 301 duties were paid erroneously ($1oos of thousands) due to our broker incorrectly reporting COO China. The issue surfaced by chance, months after liquidation and closure of the 180 day Protest period. By chance we are submitting a disclosure for another matter, […]
Question: I was wondering if anyone knows how to declare interest in a prior disclosure and what the % is that is charged to estimate the complete risk. Answer 1: Hi. We often run across this question. First off, if we read the statute carefully, we don’t pay interest. According to section 1592, the benefit […]
Question: Can Pay.gov be used if submitting payment related to additional duty for a prior disclosure or is the only means of payment is to provide a check for the additional duty? Answer 1: Check only and be careful to submit directly to the port where you filed the prior disclosure.
Question: When submitting a prior disclosure when duty is owed can the duty be paid though the pay.gov web site or is the only payment via check? Answer 1: Duty must be paid by check. You’ll want to work with the corresponding CEE, and identify the port at which the greatest number of entries in […]
QUESTION: When a post summary correction is made we are seeing the entry liquidate immediately in some cases and in other cases it keeps the regular liquidation schedule. Does anyone have insight into why they might be done differently. Second, if you submit a prior disclosure and the underpaid duties based on using an HTS […]
OT Fact Sheet: Origin Certification Requirements QUESTION: Can someone offer a “Managing Disclosure Policy” template typically used by an organization as part of their compliance program? %%%%%%%%%% ANSWER: This should be a component covered in your Trade Compliance Manual. The section should be called “Interactions, Communications or Correspondence with Customs Agencies and OGA”. here is […]
OT Fact Sheet: Origin Certification Requirements QUESTION: After filing a Prior Disclosure to CBP with check, CBP has requested the importer to sign a Status of Limitation Waive form. Research says not to sign the document but I wanted to ask the trade if they had an opinion of what is the purposes of the […]
