As an importer you have the right to file this formal response (CBP Form 19) within 180 days date of liquidation or reliquidation or the date of the decision, involving neither a liquidation nor reliquidation, as to which the protest is made. You may protest per 19 CFR 174.11, the following instances:

The appraised value of merchandise:

The classification and rate and amount of duties

All charges or exactions of whatever character including the accrual of interest within the jurisdiction of the Secretary of the Treasury;

Exclusion of merchandise from entry or delivery under any provision of the Customs law;

The liquidation or reliquidation of an entry, or any modification thereof;

The refusal to pay a claim for drawback; and The refusal to reliquidate an entry under section 520(c), Tariff Act of 1930, as amended (19 U.S.C. 1520(c)).

My advice as your custom broker expert is to seek all options available and continue gathering all pertain information throughout you company. A word of caution this is the last opportunity to challenge US Customs and Border Protection without going to court.

In my experience as a custom broker expert no single individual or department has all the information.  Read carefully U.S. Customs and Border Protection response to really understand what papers were not included, incomplete or missing with your previous responses or what are they looking for.

In my experience as a custom broker in assisting my clients to properly and correctly respond to this form, must be treated as a company wide team effort and have it approved by your legal department.   In addition, read previously published articles “ CBP Form 28 Request for Information” and  “CBP Form 29 Notice of Action.”

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This will mark the last article on the Importer Security Filing series, as you have become aware of these requirements, thru my previous articles written. And if not as a custom broker expert I will do a small recapitulation of them.

Shipments which do not comply with Importer Security Filing requirements are subject to a $5,000 penalty per occurrence.

Since January 26, 2009 all ocean cargo bound for the United States are subject to an importer security filing requirement 24 hours prior to loading of the cargo container in the foreign port. This additional cargo information will assist CBP to screen and asses’ potential risks.

All importers and ocean carriers are required to provide U.S. Customs and Border Protection CBP with this advance notification for all ocean vessel shipments inbound to the United States. The new 10+2 importer will place the burden of compliance onto the importers and ocean carriers. Obviously this will impact the logistics of your supply chain. The importer will be solely responsible and liable for filing data elements in the importer security filing ISF. Importers may hire a third party (U.S. Customs Broker or Freight Forwarder) having access to U.S. Customs Automated Broker Interface (ABI) or Automated Manifest System (AMS) and with a duly authorized Power of Attorney to file the ISF on their behalf. an advice from your custom broker expert it is import to know that only Customs Brokers are bound by privacy requirements thru the Code of Federal regulations.

Well, time has arrived for the full compliance and penalty phase thus ending a 12-month flexible enforcement period during which CBP provided outreach to educate the trade community on the ISF requirements.

As the voluntary compliance and flexible enforcement period has ended, CBP guiding principle is to exercise the least punitive measures available to obtain full compliance. CBP wants to achieve a balance between maximum compliance with the least amount of disruption to the trade (who are in compliance) and to domestic port operations. By focusing on non compliant filers, CBP will apply a measured, common sense approach to enforcement. But it should be clear that this deliberative approach towards enforcement it is not a further extension of the structured review and flexible enforcement period.

CBP will  target its enforcement efforts on importers who are not in compliance with ISFs requirements for U.S.-bound shipments.

At least importers will experience delays in the release of their cargo while CBP asses the potential risk of the cargo.

As CBP’s enforcement escalates, non-compliant importers,  will be subject to the greater use of stricter enforcement measures.

CBP will evaluate instances of non-compliance on a case-by-case basis and will consider factors surrounding potential violations before applying enforcement actions.

Francisco Ramirez, Jr. helps businesses to flawlessly import or export merchandise across the US borders. He is a managing partner of Automated Customs Experts Group, Inc. in San Diego California. His upcoming book teaching importing, exporting and logistics teaches companies how to avoid the most frequent importing and exporting mistakes will be out in near future.

For more insights like these go visit his website at http://www.CustomsBrokersExperts.com or you can reach him for consultation at 619-710-4920



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