Category: Penalty

CBP Bill Notice of Debt

Why Did I Receive a Bill From CBP?

Posted by Jason P. Wapiennik on

Frequently, we are contacted by people who receive a bill from Customs by mail. By this, they literally mean a bill, with a spot on the bottom that you’re tear off and return with payment like your utility bill. Here’s an example:

CBP Bill Notice of Debt

As you can see, this is different from the notice of penalty or liquidated damages. A penalty or liquidated damage notice invites the recipient to file a petition for remission or mitigation. Here, there is no such offer; the debt is due, and you are given little time to pay.

Why did I get a bill from CBP?

Well, it means you owe money to CBP. It could be because of failure to pay duties for merchandise imported (regular duties, or anti-dumping or countervailing duties), or you failed to take action after receiving a penalty notice/liquidated damages notice by either not paying the mitigated penalty timely, or by not responding at all.

You can usually figure out what the nature of the debt is by looking carefully at the bill, even if it’s not easily determined at first glance.

If you have no idea why you’re receiving the bill from CBP, it may indicate you did not receive notice of the debt. It may also indicate you are a very, very inexperienced importer that is definitely in need of an education.

Notice of Penalty or Liquidated Damages Inccured by CBP

Failure to Report Arrival or Advance Electronic Cargo Information Penalty

Posted by Jason P. Wapiennik on

U.S. Customs & Border Protection enforces many laws and regulations that concern arriving at the border, presenting merchandise to Customs, filing advance cargo information, and unloaded merchandise or off-loading passengers without authorization.

For instance, 19 CFR 123.92 requires advance cargo information for commercial shipments from Canada and Mexico be sent to CBP electronically 30 minutes or 1 hour prior to the “carrier’s reaching the first port of arrival in the United States, or such lesser time as authorized . . .” even if the carrier is just transiting through the United States.

Similarly, 19 USC 1433 requires that any vessel, vehicle, and aircraft report their arrival, and present all person and merchandise for inspection to a customs officer.

What happens if fail to report arrival or violate CBP’s entry regulations?

If you fail to report arrival, present false documents or paperwork, violate regulations regarding the entry and arrival of vehicles, or discharge passengers or merchandise without Customs authorization, you are liable to a penalty of $5,000, and possibly seizure of the conveyance and the merchandise stored in it.

If you have a prior offense, the amount can increase to $10,000. In the case of an unreported or improperly entered conveyance, Customs can impose the value of the merchandise (or if they conveyance itself is the merchandise… the value of the conveyance) in addition to the $5,000 or $10,000 standard penalty.

If receive a penalty for these failures under 19 USC 1436, we can file a petition for mitigation and you can expect your mitigated penalty to be reduced. The reduction varies on the type of violation, who committed, and the presence of aggravating or mitigating factors.