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Commercial
Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/2
5
December 2006
Dear Sirs,
Commercial
Information Circular No. 484/2006
US
: New Guidelines for Mitigating Penalties for Removing Goods without
Authorization and/or Examination
The US Customs and
Border Protection (CBP) issued on 29 November 2006 new guidelines for
mitigation of penalties for merchandise delivered from the US ports
without CBP authorization and/or examination. A copy
(pdf format) of the new guidelines, which will come into effect on 6
December 2006, is appended for reference.
DETAILS
- The US Customs
laws stipulate that if merchandise is removed or delivered from the
place of unlading, the terminal or the port without CBP authorization
and/or examination, a monetary penalty will be assessed in an amount
equal to the domestic value of the merchandise in accordance with
the relevant provisions. At present, penalties for such violations
may be mitigated to an amount between USD2,500 and USD20,000, depending
on aggravating or mitigating factors. Many of these penalties have
been mitigated to an amount of USD2,500, regardless of whether the
violations could have placed the security, health or safety of the
US population at risk.
- To convey the
seriousness of its concerns to the importing community with respect
to the recurrence of these violations, CBP announced that with effect
from 6 December 2006, if it considers that the removal or delivery
of the merchandise from the place of unlading, the terminal or the
port without CBP authorization and/or examination places the security,
health or safety of the public at risk, the penalties assessed may
be mitigated as follows:
- A first violation
may be mitigated upon payment of an amount equal to the lesser of
(1) 75% of the domestic value of the merchandise at issue or (2)
a flat sum between USD10,000 and USD25,000, as determined at CBP's
discretion.
- A second violation
may be mitigated upon payment of an amount equal to the lesser of
(1) 75% of the domestic value of the merchandise at issue or (2)
a flat sum between USD25,001 and USD50,000, as determined at CBP's
discretion.
- Third and subsequent
violations may be mitigated upon payment of an amount equal to the
lesser of (1) 75% of the domestic value of the merchandise at issue
or (2) a flat sum between USD50,001 and USD75,000, as determined
at CBP's discretion.
Assessment of
separate penalties against multiple parties may arise for a single
removal or delivery without authorization, i.e., each party involved
in the violation may be subject to a penalty.
ENQUIRIES
- For enquiries
about the content of this circular, please contact the undersigned
at telephone number 2398 5403.
Yours faithfully,
(Miss WONG Ying)
for Director-General of Trade and Industry
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Electronic
services for Production Notification and Certificate of Origin
enable traders to make the relevant applications directly through
their office computer faster and easier. Electronic service has
now been extended to the submission of Cargo Manifests and Textiles
Notifications. For details and enquiries,
please call the following service providers:
Global
e-Trading Services Limited (Tel. : 8109 1820)
Tradelink Electronic Commerce Limited (Tel. : 2599 1700)
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Note : While
every effort is made to ensure the accuracy of the above information,
the Department cannot guarantee this to be so and will not be held liable
for any reliance placed on the same.
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