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Category: Customs Entry

  • Customs Attorney: Confidential Treatment of Shipping Manifests

    How can I prevent information about my imports from being available to the public? As some of you may or may not be aware pursuant to the privacy statute, 19 C.F.R. § 103.31 (d), the public is allowed to collect manifest data (e.g., bills of lading) at every port of entry. The information is limited to vessel manifests (air, rail, and truck manifests will not be available to the general public in any form). Websites such as panjiva.com and importgenius.com collect and publish names of importers/suppliers/manufacturers from vessel manifest data.[...]

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  • Customs Attorney: Commercial Invoice and Footwear

    In general, a commercial invoice should provide enough information for a Customs and Border Protection (CBP) Officer to determine if the goods being imported are admissible, and if so, what the correct rate of duty should be applicable based on its Harmonized Tariff Number. Customs does not provide a specific format for a commercial invoice, however they do provide the elements that should be on an invoice in 19 C.F.R. 141.85. At a minimum, an invoice should: 1. Describe the item clearly 2. Give the quantity 3. State the value[...]

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  • Customs Attorney: Customs Protest

    A protest (Customs Form 19) is a means by which an importer can contest the way in which an entry was finalized or liquidated. Generally, any issue regarding the value, classification, or admissibility of an entry may be raised after liquidation. 19 U.S.C. § 1514; 19 C.F.R. § 174.13. A protest is required to be filed within 180 days (no extensions permitted) after liquidation or reliquidation of the entry (19 U.S.C. § 1514(c)(3)(A); 19 C.F.R. § 174.12(e)) or within 180 days if liquidation is inapplicable (19 U.S.C. § 1514(c)(3)(B); 19[...]

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  • Notice of Seizure and Information to Claimants Form AF

    Have you received a letter from Customs that looks like this http://twitpic.com/9j9rll ? U.S. Customs and Border Protection is the agency responsible for protecting our borders. Accordingly, Customs officials at seaports, airports, and other border crossings all over the U.S. have the authority to examine, detain, and/or seize merchandise entering or exiting the country. More often than not, importers and exporters are surprised and intimidated when they find out that the government has intervened in their business. As a result, it is best to provide my readers some basic knowledge in an[...]

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  • Customs Attorney: Request for Information – CF 28

    When goods are presented at the border for entry into the United States, Customs, at the point of liquidation, makes a final determination as to the classification and valuation, or other requirements pertaining to the imported goods. How does Customs make that determination? Customs uses the information provided by the importer such as the commercial invoice and other documentation at the time of entry. Issues arise when Customs finds that the information given to them is inaccurate, incomplete, or insufficient whereby Customs cannot formulate a decision. Customs may give the[...]

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  • Customs Attorney: Customs and Border Protection- Liquidation

    Liquidation is the process through which Customs completes its review of an entry and finalizes its position as to the duties.   You may ask, what about those duties paid at the time of entry?  When duties are paid at the time of entry they are referred to as "deposits" because they are not considered Customs' final assessment of duties owed.  Generally, the entry remains "unliquidated" for a period of 314 days after the date of entry.  During this interim period the entry information may be revised regarding country of origin,[...]

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  • Customs Attorney: Customs Release

    Goods that are imported are released based on the filing of the entry and/or entry summary with Customs but before Customs may have determined whether or not the goods are admissible into the U.S.  "Release" refers to Customs relinquishing physical control over the goods.  However, Customs will not release the goods without evidence of an entry bond being filed. The bond offers protection to Customs in that the importer guarantees return of the goods to Customs custody if requested.  Customs will order the return of goods for 1) failure to[...]

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  • Customs Attorney: Expenses, Damages, and Losses During Inspection

    Who is responsible for the costs of opening of a shipment and unloading product by Customs?  The importer.  Inspections are usually done on an appointment basis and are known to result in days of delay before released from Customs custody.  Further, costs involving demurrage and storage charges are the responsibility of the importer. In addition, there is generally no liability on the part of Customs for loss or damages to ones merchandise during the course of inspection.[...]

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  • Customs Attorney: Who will be inspected?

    Last post was a discussion on the types of examinations. The question presents itself: Whose shipments will be inspected?  The term one will hear is that examinations are random.  However, determination for inspection of merchandise is by majority controlled by a automated system which is overseen by human judgment.  Generally, Customs will inspect more shipments of an importer who has a history of poor compliance.  Other factors may include, the familiarity with the importer, type of goods being imported, and the foreign factories being used to manufacture the merchandise. In[...]

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  • Customs Attorney: Examination

    All goods that enter into the United States are subject to examination by Customs or other regulatory agencies.  Shipments are examined for purposes of determining whether all the requisite documentation has been provided, whether the documentation is accurate, as well as whether the goods are in compliance with U.S. laws.  The examinations are said to be "random," however I have heard time and again that importers believe Customs has put their company under a microscope while letting their competitors run free.  There are generally two types of examinations that Customs[...]

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