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CBP Announces Fix for Erroneous Liquidated Damages Claims

Friday, February 17, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection states that as of Feb. 16 ACE cargo release will use the estimated date of arrival as the release date for an entry. Once the cargo is arrived at its designated port of entry the release date will be updated to the actual date of arrival, which will then become the start date for the ten-day window for entry summary filing. CBP notes that this update does not require any ACE programming changes for the trade community.

This change is a response to a technical issue with ACE cargo release that had been causing incorrect release dates to be set. Tom Gould, senior director, customs and international trade, for Sandler, Travis & Rosenberg, says the problem appears to be related to the messaging from ACE back to the broker’s system but that CBP has not determined the cause.

A message from CBP’s Los Angeles field office notes that as a result of this issue liquidated damages may have been initiated in error for late filing of entry summaries and late payments of daily statements or periodic monthly statements. The message indicates that when brokers or filers believe such an error has occurred they may submit a written request for cancellation or a request to refund liquidated damages that may have already been paid.

For assistance submitting such requests, or for more information on this issue, please contact Tom Gould at (213) 453-0897.

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