Abady Law Firm, P.C. – Customs and Import/Export Attorney Blog
Learn the Basics of Customs and International Trade Policy and Procedure
Archive for July, 2012
Customs is given broad authority to inspect shipments entering into the country. When Customs questions the admissibility of goods into the United States, Customs has the authority to detain the shipment until satisfactory information is provided to enable release. Customs has five (5) business days from the date on which the merchandise is presented for examination to decide whether or not to detain the merchandise or to allow its release. If Customs decides to detain a shipment, they must provide the importer with a formal Notice of Detention within five (5) days of the determination to detain the shipment. During the detention phase the importer has the opportunity to resolve any issues as to admissibility in order to avoid a rejection or seizure.
A Notice of Detention must provide the following information under the law:
- That the goods have been placed under detention;
- The precise reason for their detention;
- The estimated length of time that they will be detained;
- A description of any inquiries being conducted or tests to be made (legally, test results also must be promptly provided to the importer) regarding the goods; and
- Any additional information that may assist in the prompt disposition of the detention.
Customs has thirty (30) days to render a decision regarding the detained shipment, unless a longer time period has been granted. If no final decision is reached at the end of this thirty day period, the merchandise is automatically considered excluded for purposes of protest. If the goods are seized, the importer will receive a notice of seizure. It will provide the reasons for the seizure and options available to the importer.
For more information about this blog post, please contact Abady Law Firm, P.C. and speak with our customs attorney at (800) 549-5099. Also visit www.customsesq.com to chat with a customs lawyer — who has insight into CBP Detentions — about your company’s import situation and to schedule a consultation. To chat with us, click the bottom right corner tab of our homepage.
When Customs believes that there should be a change in classification or an increase in duty they are required to issue what is called a “Notice of Action” – Customs Form 29. A notice of action signifies Customs intentions to change the way current and possibly future shipments will be treated. The notice will provide the importer with two possible Customs actions; “Action Taken” or “Action Proposed.”
1. Action Taken – Once Customs indicates that Action has been taken, any increase in duties can only be addressed via protest or 520 claim.
2. Action Proposed – When Customs indicates Action proposed, the importer is given 20 days to convince Customs that the increase or change in classification is unfounded.
The importer should carefully respond to any Notices of Action issued by Customs as any decision will have an impact on the way business is conducted.
Contact us today at 347-512-9007 for legal assistance in responding to the Notice of Action.