CBP Updates Mitigation Guidelines for 'Importations Contrary to Law'
CBP updated its informed compliance publication on "importations contrary to law" to add some new mitigating and aggravating factors. New to the mitigating factors is "clear documentation of remedial measures undertaken to prevent future violations." The aggravating factors now include "several violations in the same transaction (e.g., violations of laws and/or regulations of multiple agencies in the same shipment" and that "the petitioner exhibits a pattern of disregard for its responsibilities under U.S. import laws and regulations."
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CBP also said that "in addition to a forfeiture remission amount, CBP may require a petitioner to meet other conditions." Those conditions include
- Satisfaction of all costs of seizure (e.g., storage fees and appraisal fees);
- Manipulation under CBP supervision to bring the violative merchandise into compliance at the petitioner’s expense;
- Exportation of the violative merchandise under CBP supervision at the petitioner’s expense;
- Submission of a properly executed Hold Harmless Agreement.