CBP’s NEW Prior Disclosure Requirements

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “New CBP Prior Disclosure Requirements” was published by the Customs and International Trade Bar Association (CITBA) in its Spring 2022 newsletter.

Our article focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which have not been circulated publicly. CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD.

You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love your feedback!

Below is the article for your reading pleasure.

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By |2022-04-21T14:11:35-04:00April 19, 2022|Best Practices, Import, International Law, International Trade, Pre-compliance, Prior Disclosures, U.S. Customs and Border Protection (CBP)|Comments Off on CBP’s NEW Prior Disclosure Requirements

Now, More than Ever, Be Wary of and Responsive to a CBP Form 28!

U.S. Customs and Border Protection (“CBP”), having previously identified AD/CVD evasion as priority trade issue, is ramping up its efforts to further combat AD/CVD evasion. Effective August 22, 2016, interested parties can, in addition to pursuing either a civil False Claims Act/Qui Tam Action or a criminal trade violation, now report Enforce and Protect Act (“EAPA”) violations using CBP’s e-Allegation mechanism.

Who is an Interested Party?

Interested parties qualified to use this violation reporting mechanism include:

• Foreign manufacturers, producers, exporters, or importers of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise
• Manufacturers, producers, exporters, or importers in the U.S. of a domestic like product
• A certified union or recognized union group of workers that is representative of an industry engaged in the manufacture, production or wholesale of a domestic like product in the U.S.
• A trade or business association a majority of the members of which manufacture, produce, or wholesale a domestic like product in the U.S.
• If covered merchandise is a processed agricultural product, a coalition or trade union that is representative of processors, processors and producers, or processors and growers […]

How to Tell U.S. Customs You Made a Mistake

For any importer of commercial cargo into the United States, there are numerous U.S. Customs requirements to consider such as declaring the correct tariff classification, customs valuation, and country of origin. Sometimes, an importer (or its customs broker) makes a mistake. If the mistake is not corrected by the importer timely with U.S. Customs, the mistake may result in a fraud penalty by U.S. Customs against the importer. We're talking about a lot of money.

By |2021-04-09T13:58:29-04:00March 19, 2010|U.S. Customs and Border Protection (CBP)|Comments Off on How to Tell U.S. Customs You Made a Mistake
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