Customs
All importers are presumed to know U.S. customs laws, even if they rely on the advice of a licensed customs broker. Importers can be penalized or prosecuted for violating customs regulations, even if the violation is unintentional. Importers face countless regulatory pitfalls, from ascertaining the proper classification and duty rate of a product to whether he or she has complied with specialized agency regulations governing a particular type of regulated product, such as those administered by the Consumer Product Safety Commission and the Food and Drug Administration. Penalties for non-compliance range from seizure of goods to monetary fines that can equal the domestic value of the merchandise involved. Particularly egregious violations can result in criminal prosecution.
We counsel importers through all steps of the importation process. From the start, an importer should know the proper classification of his or her merchandise. We can assist you in obtaining a binding classification ruling to ensure that your goods are being entered at the correct duty rate. We counsel clients in determining whether their products are correctly labeled; whether the country of origin of their goods is correctly stated; and whether their goods are properly appraised for duty purposes. When necessary, we file protests of administrative decisions adverse to our clients’ interests, and seek to overturn CBP actions that are without a basis in law.
After entry of your merchandise, you may have received a notice from Customs and Border Protection that your goods have been detained or seized, that you are the target of an investigation, or that you are to be penalized for violation of a CBP regulation. If so, you may need counsel to protect your rights. If your rights are not asserted in a timely manner, you may lose them. We have obtained the release of millions of dollars of merchandise seized by CBP, and have represented clients in Customs investigations and penalty proceedings for negligence, gross negligence or fraud. If you believe that you may have violated CBP’s regulations but have not received an official notification, we can assist you in evaluating your issues and resolving them with Customs prior to the initiation of a formal investigation to minimize potential liability.
If you are a U.S. company that is suffering from imports of products that infringe your copyright, trademark or patent, we can assist in defending your rights and finding a remedy. Similarly, if you are an importer wrongly accused of importing counterfeit or infringing products, we stand between you and CBP to petition for remission of a seizure and seek reduction or elimination of penalties.
Some importers or logistics providers have special needs, such as the utilization or establishment of a bonded warehouse facility or the use of a foreign trade zone to minimize duty. We assist our clients in obtaining bonded warehouse and carrier permits and obtaining C-TPAT validation to secure supply chains and receive preferential Customs treatment. We have experience in counseling importers that utilize maquila operations, and provide advice regarding duty drawback. We provide counsel to find the right solution for your business needs.
