Prior Disclosures

Prior Disclosures

  • Disclosure Policy Template

    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 […]

  • PRIOR DISCLOSURE STATUTE OF LIMITATIONS WAIVER

    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 […]

  • PRIOR DISCLOSURE TIMELINE

    QUESTION: We have a Prior Disclosure that doesn’t seem to be moving at CBP.  What should we expect in normal processing times, and when might we receive an invoice for any additional duties or interest? =========== Answers: There are some disclosures on which we never received closure, and never received an invoice for interest.  Some […]

  • PRIOR DISCLOSURE AND NETTING

    QUESTION: The ICP for Prior Disclosure does allow netting pursuant to 19 CFR 163.11(d). “Under 19 CFR § 163.11(d), the overpayments of duties, taxes, and fees may be offset against underpayments of duties, taxes, and fees in prior disclosure claims where the requirements are satisfied. Offsetting will be allowed only on finally liquidated entries within […]

  • PRIOR DISCLOSURE FILING SCENARIO

    QUESTION: I am a LCB and have worked for an importer that brings in vehicle parts for a couple of years and the majority of our items were classified as “parts of” the higher assembly vehicle.  In some cases, this was the correct classification and in other cases it was not.  For example, there are […]

  • ACQUIRED COMPANY ERRORS AND PSC/PRIOR DISCLOSURE PROCESS

    QUESTION: Does anyone in the membership have experience filing corrections/prior disclosures for a company was just acquired (in US and CA)? Do you usually go back 5 years or just to the date the company purchased? ========== Answers: It depends on your purchase agreement.  You need to ask for a copy or advice from the […]

  • PD LETTER TEMPLATE

    QUESTION: Could you please share a format you have used for a prior disclosure initial notification letter to CBP?   I am aware of the required information detailed in 19 CFR 162.74, just looking for a good format to put it in from someone with experience sending such notifications. ========== Addl Answer: Contact a customs […]

  • INTEREST CALC FOR PRIOR DISCLOSURE

    QUESTION: My challenge is to estimate the total potential cost for a prior disclosure scenario, which of course would include: duties, fees and interest for liquidated entries. I have US CBP guidance information regarding prior disclosures requirements and applicable interest rates, but no interest calculation method: no formulas or time periods. Please tell me what calculation method […]

  • PRIOR DISCLOSURE

    Question:   We are an international company HQ in the US and import a high volume from all over the world. We are aware of several errors in our Import process, including not having a manual and written procedures. If we file a Prior Disclosure with Customs, we are expected to take remedial action to […]

  • PRIOR DISCLOSURE

    Question: We are an international company HQ in the US and import a high volume from all over the world. We are aware of several errors in our Import process, including not having a manual and written procedures. If we file a Prior Disclosure with Customs, we are expected to take remedial action to ensure […]

  • PRIOR DISCLOSURE

    Question: We filed a Prior Disclosure and tendered the duties we believe were owed in October 2014.  CBP cashed the check, but we have heard nothing from them regarding the submission.  Are there any requirements or timeframes under which CBP operates that requires them to provide some sort of closure or confirmation of the acceptance […]