I am pleased to share with you an article from a past contributor to this site, F. Gordon Lee, Partner at Nossaman LLP based out of Washington, D.C. In this most recent work, Mr. Lee provides some insight to what to do when US Customs Border Protection (CBP) asks a question through a formal form 28 or 29 request. [...]
In this most recent work, Mr. Lee provides some insight to what to do when US Customs Border Protection (CBP) asks a question through a formal form 28 or 29 request. He eludes to the fact that the ask by CBP may be a subtitle way to uncover practises by an importer that may lead to other actions by CBP against the importer due to lack of compliance in a particular area.
As Mr. Lee says about how an importer may respond to these requests:
The way in which an importer responds to questions from Customs is often just as important as the answers given by the importer, in determining whether the importer has problems. A thoughtful and professional response to a Form 28 request for information from Customs can resolve or avoid potentially large and disastrous problems. A response with little thought in its preparation can mark the beginning of what could be a costly, lengthy, and unpleasant encounter with Customs.
Please enjoy this article from F. Gordon Lee and if you have a situation where you receive a form 28 ro 29, please remember to consider all your partners in your Integrated Trade Compliance Strategy including your International Trade Services Provider as valuable resources to help you understand what CBP may be seeking answers for.
You have noticed that we have posted a number of pieces recently about NAFTA related topics. Why is this such a hot topic for such an old trade agreement? Simple answer is easy pickings for North American Customs Agencies. Because the trade agreement has been around so long now, importers and exporters are getting sloppy and not ensuring that all aspects of compliance related to using a NAFTA declaration are in fact true and supportable, it may have been a decade ago when they created the original NAFTA decalaration, but with globalized supply chains is that still true today?
Here is F. Gordon Lee’s Insight from a recent E-Alert: