Customs Enforcement Under Trump, 2020: Exercising Reasonable Care, Performing Post-Entry Reviews, and Filing Prior Disclosures
Webinar: 1 CCS Credit
The Trump administration is further tightening its import enforcement efforts, which began in early 2017 with the issuance of executive orders directing federal authorities to step up the collection of antidumping and countervailing duties and the prosecution of trade and customs law violations. In 2020, the Administration has promised to vigorously enforce U.S. trade agreements and will focus on compliance of imports involving or potentially involving Sections 232 (aluminum/steel) and 301 (China). With this renewed enforcement emphasis, importers should act quickly to review their processes, practices, and entry data to identify potential trade compliance risks. In addition, every company import manager, internal auditor, in-house counsel, and compliance officer needs to understand the options for conducting self-audits and filing prior disclosures, which can be effective tools in protecting businesses (as well as their officers, directors, and employees) from harsh penalties.
- current status of enforcement efforts, with a particular focus on Section 301
- what to do when you discover a potential error
- what to do when you receive a CF 28 or CF 29
- benefits of submitting a prior disclosure
- specific strategies for filing prior disclosures
- when a prior disclosure is valid
- defining the scope of a prior disclosure
- when errors should and should not be reported
- penalties against officers for entry errors made by the company
- reducing the likelihood that an employee or insider will “blow the whistle”
LARRY T. ORDET is a member of Sandler, Travis & Rosenberg, P.A., resident in the Miami office, and serves on the Firm’s Operating Committee. Mr. Ordet concentrates his practice on general customs compliance matters, with particular emphasis on tariff classification, NAFTA duty deferral and preference program qualification issues. He has worked extensively on WCO tariff classification issues involving the modification of the Harmonized System and related Explanatory Notes.