Trade Law Guide

[CURRENTLY UNDER CONSTRUCTION]

 

This guide provides an overview of the most common enforcement issues in import and export cases. The most commonly issued penalties are also reviewed, along with basic guidance on navigating the administrative penalty process.

Common issues that result in enforcement actions

These are the core issues that can result in U.S. Customs and Border Protection (CBP) taking some type of enforcement action. Generally, an importer will run afoul with one of these key topics and CBP will issue a penalty, seize or forfeit the merchandise, or otherwise slow clearance of the goods.

Valuation

All goods have a value. Valuation

Classification

 

Infringement

 

Smuggling / Failure to declare

 

 

Penalty Theories

1592

1595a

1526(e)

 

Forfeiture Theories

 

1595a

 

Avoiding Enforcement Actions

Robust customs compliance programs

Early adoption of controls

(trusted trade membership)

Export Compliance

While some of the statutes mentioned above contemplate penalties and/or forfeiture for both import and export violations, export compliance deserves special attention. Export