When goods are presented at the border for entry into the United States, Customs and Border Protection (“CBP”), at the point of liquidation, makes a final determination as to the classification [insert hyperlink] and valuation [insert hyperlink], or other requirements pertaining to the imported goods. How does Customs make that determination? CBP uses the information provided by the importer such as the commercial invoice and other documentation at the time of entry. Issues arise when CBP finds that the information given to them is inaccurate, incomplete, or insufficient whereby CBP cannot formulate a decision. CBP may give the importer an opportunity to add additional information, clarify what was provided, or provide a sample of the imported product in order for CBP to make a final determination.
The means by which CBP does this is via a Request for Information – Customs Form 28 (CF 28). The importer has 30 days to respond in writing to CBP from the date of issuance. If a Request for Information is not responded to, CBP will most often presume the least favorable interpretation of the facts, thus leaving the importer in a financial disadvantage.
Our firm often files responses to CBP’s Requests for Information in order to relieve any concern over possible violations.