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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.
Contents
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