Companies that import goods are subject to ever-increasing government regulation and scrutiny due to concerns regarding national security and product safety. U.S. Customs and Border Protection (CBP) has been the critical agency for companies importing goods into the United States.
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Companies that import goods are subject to ever-increasing government regulation and scrutiny due to concerns regarding national security and product safety. U.S. Customs and Border Protection (CBP) has been the critical agency for companies importing goods into the United States.
CBP's responsibilities historically ranged from collecting duties imposed on imported goods to interdicting contraband at the border. The events of 9/11, however, led to increased concerns regarding public safety and border protection, and a concomitant expansion in the scope of CBP's authority and the depth of its scrutiny of goods crossing the border. This increase in CBP’s authority and scrutiny is due not only to national security concerns, but also to heightened focus on consumer protection in the wake of shipments to the United States of contaminated food and toys with lead paint.
CBP now has a lead role in developing, implementing, and administering supply chain security programs affecting all companies that import goods into the United States. The Department of Agriculture, the Food and Drug Administration and the Consumer Product Safety Commission are playing a more active role in regulating imports as well.
Perkins Coie attorneys regularly advise clients on the Tariff Act of 1930, the Customs Modernization Act (Mod Act), and related Customs regulations administered by CBP.
Perkins Coie’s Customs Experience
In the course of advising clients on Customs matters, we regularly interact with CBP officials at various U.S. ports of entry, including the ports of New York/Newark, Los Angeles/Long Beach, Seattle, Savannah, Charleston and Miami, among others. We also have regular contact with the Office of Regulations and Rulings and other relevant offices at CBP headquarters in Washington, DC.
We frequently assist clients in filing protests and prior disclosures, defending CBP investigations and audits, preparing CBP compliance policies and procedures, and providing training to company personnel responsible for implementing compliance policies and procedures. When CBP issues a ruling or determination adverse to a client’s interest, we represent the client before the U.S. Court of International Trade and, if necessary, the U.S. Court of Appeals for the Federal Circuit. We also have experience advising clients regarding the rules of the World Customs Organization and the customs-related provisions of the World Trade Organization.
Perkins Coie’s Customs Services
We provide a full range of counsel and representation related to:
Compliance counseling and audits. We advise importers on a wide variety of customs compliance issues, including classification, valuation, country of origin marking and other issues that are critical to maintaining compliance and avoiding penalties. We also conduct internal CBP compliance audits that identify and quantify risks to the client. Based on the audit's results, we recommend solutions to reduce risks and provide training to implement the recommended solutions.
Government investigations and proceedings. We represent clients in CBP audits, investigations and penalty, seizure and forfeiture proceedings, as well as in CBP administrative proceedings to recoup excess duties paid.
Rules of origin. We advise clients on rules of origin questions, ranging from marking requirements to complex analyses arising under NAFTA and other free trade agreements.
Prior disclosures. We assist clients with preparing prior disclosures and remedial customs procedures to mitigate or avoid penalties.
Trade agreements. We counsel clients on the applicability of NAFTA and other free and preferential trade agreements to their imports. We help clients eliminate or reduce duties and avoid potential penalties.
C-TPAT and Importer Self-Assessment. We help companies qualify for and meet the requirements of these CBP supply-chain security and compliance assessment programs. We advise on every step of the qualification process, helping clients achieve CBP certification.
Other customs-related issues. We assist clients with a variety of other matters, including helping identify areas for duty savings, as well as investigating and pursuing alleged competitor CBP fraud.
Customs Matters Performed by Members of the International Trade Practice
- For a major U.S. electronics manufacturer and importer, prepared response to CBP's Request for Information regarding GSP duty-free status of electronic products imported from India and valued at nearly $1 million. CBP approved GSP duty-free treatment for all products for which the client had claimed duty-free treatment.
- Prepared prior disclosure and remedial customs procedures for a multinational company facing more than $700,000 in potential penalties for over $3 million of transportation materials subject to allegations of misclassification, false country-of-origin claims and fraud. Our prior disclosure resulted in no penalties assessed by CBP.
- Provided internal CBP compliance audits and training for more than 25 U.S.-based and multinational companies, including bearing manufacturers, vehicle and winch manufacturers, aerospace suppliers, electronics manufacturers, telecommunications companies, textile producers, chemical manufacturers and consumer goods companies.
- Assisted U.S.-based company with major investigation by the Department of Commerce into duty evasion of chemicals subject to antidumping duties.
- For a U.S. importer of food products, prepared response to CBP penalty notice relating misclassification of various food products and prepared prior disclosure relating to similar misclassification issues occurring outside the scope of the penalty notice.
- Assisted U.S. importer of agriculture products with Department of Commerce investigation of duty evasion and potential allegations of customs fraud concerning merchandise subject to antidumping duties.
- Prepared protest for U.S. importer of building supplies challenging the imposition of antidumping duty mistakenly assessed against certain of its imports from Taiwan that CBP alleged were from China. The protest was approved and entries reliquidated without antidumping duties.
- Assisted importers across a variety of industries in taking remedial action upon finding they have made unintentional errors, including counseling on prior disclosure strategies to avoid or minimize potential penalties.
CBP's responsibilities historically ranged from collecting duties imposed on imported goods to interdicting contraband at the border. The events of 9/11, however, led to increased concerns regarding public safety and border protection, and a concomitant expansion in the scope of CBP's authority and the depth of its scrutiny of goods crossing the border. This increase in CBP’s authority and scrutiny is due not only to national security concerns, but also to heightened focus on consumer protection in the wake of shipments to the United States of contaminated food and toys with lead paint.
CBP now has a lead role in developing, implementing, and administering supply chain security programs affecting all companies that import goods into the United States. The Department of Agriculture, the Food and Drug Administration and the Consumer Product Safety Commission are playing a more active role in regulating imports as well.
Perkins Coie attorneys regularly advise clients on the Tariff Act of 1930, the Customs Modernization Act (Mod Act), and related Customs regulations administered by CBP.
Perkins Coie’s Customs Experience
In the course of advising clients on Customs matters, we regularly interact with CBP officials at various U.S. ports of entry, including the ports of New York/Newark, Los Angeles/Long Beach, Seattle, Savannah, Charleston and Miami, among others. We also have regular contact with the Office of Regulations and Rulings and other relevant offices at CBP headquarters in Washington, DC.
We frequently assist clients in filing protests and prior disclosures, defending CBP investigations and audits, preparing CBP compliance policies and procedures, and providing training to company personnel responsible for implementing compliance policies and procedures. When CBP issues a ruling or determination adverse to a client’s interest, we represent the client before the U.S. Court of International Trade and, if necessary, the U.S. Court of Appeals for the Federal Circuit. We also have experience advising clients regarding the rules of the World Customs Organization and the customs-related provisions of the World Trade Organization.
Perkins Coie’s Customs Services
We provide a full range of counsel and representation related to:
Compliance counseling and audits. We advise importers on a wide variety of customs compliance issues, including classification, valuation, country of origin marking and other issues that are critical to maintaining compliance and avoiding penalties. We also conduct internal CBP compliance audits that identify and quantify risks to the client. Based on the audit's results, we recommend solutions to reduce risks and provide training to implement the recommended solutions.
Government investigations and proceedings. We represent clients in CBP audits, investigations and penalty, seizure and forfeiture proceedings, as well as in CBP administrative proceedings to recoup excess duties paid.
Rules of origin. We advise clients on rules of origin questions, ranging from marking requirements to complex analyses arising under NAFTA and other free trade agreements.
Prior disclosures. We assist clients with preparing prior disclosures and remedial customs procedures to mitigate or avoid penalties.
Trade agreements. We counsel clients on the applicability of NAFTA and other free and preferential trade agreements to their imports. We help clients eliminate or reduce duties and avoid potential penalties.
C-TPAT and Importer Self-Assessment. We help companies qualify for and meet the requirements of these CBP supply-chain security and compliance assessment programs. We advise on every step of the qualification process, helping clients achieve CBP certification.
Other customs-related issues. We assist clients with a variety of other matters, including helping identify areas for duty savings, as well as investigating and pursuing alleged competitor CBP fraud.
Customs Matters Performed by Members of the International Trade Practice
- For a major U.S. electronics manufacturer and importer, prepared response to CBP's Request for Information regarding GSP duty-free status of electronic products imported from India and valued at nearly $1 million. CBP approved GSP duty-free treatment for all products for which the client had claimed duty-free treatment.
- Prepared prior disclosure and remedial customs procedures for a multinational company facing more than $700,000 in potential penalties for over $3 million of transportation materials subject to allegations of misclassification, false country-of-origin claims and fraud. Our prior disclosure resulted in no penalties assessed by CBP.
- Provided internal CBP compliance audits and training for more than 25 U.S.-based and multinational companies, including bearing manufacturers, vehicle and winch manufacturers, aerospace suppliers, electronics manufacturers, telecommunications companies, textile producers, chemical manufacturers and consumer goods companies.
- Assisted U.S.-based company with major investigation by the Department of Commerce into duty evasion of chemicals subject to antidumping duties.
- For a U.S. importer of food products, prepared response to CBP penalty notice relating misclassification of various food products and prepared prior disclosure relating to similar misclassification issues occurring outside the scope of the penalty notice.
- Assisted U.S. importer of agriculture products with Department of Commerce investigation of duty evasion and potential allegations of customs fraud concerning merchandise subject to antidumping duties.
- Prepared protest for U.S. importer of building supplies challenging the imposition of antidumping duty mistakenly assessed against certain of its imports from Taiwan that CBP alleged were from China. The protest was approved and entries reliquidated without antidumping duties.
- Assisted importers across a variety of industries in taking remedial action upon finding they have made unintentional errors, including counseling on prior disclosure strategies to avoid or minimize potential penalties.
