CBP Releases Trade Enforcement Bulletin
CBP posted a trade enforcement bulletin for the second quarter of fiscal year 2017 (here). The bulletin includes information on trade enforcement operations, including seizures of counterfeit light fixtures and illegal engines and pesticides. CBP also mentioned a major penalty…
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involving misclassified airplane parts. "After consulting Associate Chief Counsel (ACC) Miami [airport] for legal advice in an early legal review of the case, the import specialist determined that an argument could be made to support the pre-penalty at a heightened culpability level of gross negligence," it said. "In each response to the CBP Form 28 issued, the importer claimed indicated that the imported parts were not made of cast iron, which is the very first requirement to use the HTS classification. It is imperative for a company which specializes in gas turbine parts to know the material with which the parts are made. As such, not only did the misclassifications demonstrate a failure of reasonable care, but the importer acted [with] wanton disregard for relevant facts and with indifference to or disregarded for its obligation under the statute. As a result of this comprehensive review conducted by the ACC and the import specialist, CBP Miami took an aggressive stance and proposed a pre-penalty in the amount of $1.33 million."