New Part 165 to Customs Regulations in September 2016 emphasizes enforcement on evasion. Also ties into political rhetoric on Free Trade Protection. Signifies some effort in this direction political or otherwise. Suggest that you assess countries (rank by activity) and see what dumping exists by the country and do risk assessment. There is no de minimis amount; if you have a commodity that is associated with an action you must deal with it. Our programs (import manual, export manual, itar manual) and support materials equip you to have effective compliance in these activities training and internal audit.
United States of America v.
Trek Leather, Inc. and Harish Shadadpuri CFAC ruled that individuals can be charged in Civil cases for negligence in the introduction of entries of merchandise not exercising reasonable care. Whether fraud or civil you can be liable to substantial penalties. Exercising reasonable care consists of at least
Perform a Meaningful Import / Export risk analysis.
Have a formal written import / Export compliance program!
An officer must be responsible for overseeing the import / Export compliance program.
Adequate training must be provided for employees.
A company must adequately screen their customers and transactions.
Your company must meet the compliance program’s record keeping requirements.
The existence and operation of an internal audit system for reporting Import / Export violations must be in place.
Your company must keep on file the documented results of internal / External reviews or audits.
Proof of remedial activity that has been taken in response to import / Export violations.
Filing Import Entry Information – ENTERED VALUE
Record the U.S. dollar value as defined in 19 U.S.C. § 1401a for all merchandise.
Record the value for each line item on the same line as the HTS number.
If the value required for assessment of AD/CVD is different from the entered value, record in parentheses the amount in this column, on the same line as the AD/CVD case number and rate. If the reported value is not the transaction value it should later be reported under a Reconciliation Entry (Type 09), if approved for reconciliation, or other alternate means.
Report the value in whole dollars rounded off to the nearest whole dollar (if the total entered value for a line item is less than 50 cents report as “0”). Dollar signs are omitted.
Report the total entered value for all line items in block 35.
B. CHARGES (CHGS)
Record the aggregate cost in U.S. dollars of freight, insurance and all other charges, costs and expenses incurred while bringing the merchandise from alongside the carrier at the port of exportation in the country of exportation and placing it alongside the carrier at the first U.S. port of entry. Do not include U.S. import duties.
This value shall be shown in whole numbers for each HTS number. It is to be placed beneath the entered value and identified with the letter “C” (e.g. C550). Dollar signs are omitted.
Charges are not required to be reported for merchandise entered by mode of transportation code 60 (passenger, hand-carried).
Record whether the transaction was between related parties, as defined in 19 C.F.R. § 152.102(g), by placing a “Y” in the column for related and an “N” for not related (the words “related” and “not related” may be used in lieu of “Y” or “N”). “Y” or “N” may be Page 18
recorded once, at the top of column 32, when applicable to the entire entry summary or may be recorded with each line item below entered value and charges. “Y” or “N” must be recorded with each line item when the relationship differs for line items.