CBP Request for Information and Notice of Action

What do I do if CBP sends me a Request for Information or a Notice of Action?

The short and best answer is to notify your Customs broker immediately. As importer of record, you must use “reasonable care” when entering goods into the United States. This means you make a good faith effort to ensure all information you provide to CBP and other government agencies is accurate and complete. If CBP believes this is not the case, they may request more information, take an action or propose an action. The method for beginning this process is the CBP Request for Information and Notice of Action.

Whenever you receive a CBP Form 28 or CBP Form 29, you should consider it an opportunity to avoid a potential problem with Customs. Receiving either of the forms is a sign that there is a potential problem and the situation needs immediate attention. Timely notification to your Customs broker is very important; just as important as the research and wording that formulate your reply. A mistake or casual approach to your reply could prove very costly.

CBP Form 28 – Request for Information

CBP is responsible for appraising goods imported into the U.S. by making sure the correct value and proper classification for duty assessment are used. When documentation for a particular entry does not provide sufficient information for valuation or classification, CBP uses this form to request additional information. That additional information is used to verify that the goods were properly classified, valued or otherwise met CBP regulations.

Do not ignore a Form 28. You have 30 days from the date of issue to respond to CBP. If you do not respond timely or at all, CBP could revalue your shipment, reclassify your goods, or overturn your free trade agreement claim.

CBP Form 29 – Notice of Action

The notice of action (CBP Form 29) has two primary uses – to propose or take an action on a particular entry.

When the CBP Form 29 is a proposed action, you have 20 days to respond. The 20 days begin as of the date the notice is issued. If you fail to respond to CBP within the 20 day time period, Customs will assume you agree with the proposed action and will proceed with liquidation of the entry. This may result in additional duties.

When the CBP Form 29 states that action has been taken, the decision is final. The entry has begun the liquidation process. The primary recourse remaining is to await the liquidation notice and to file a formal protest. In some instances, a Form 29 can also be followed by a pre-penalty notice for negligence, gross negligence or fraud.

CBP often does not send a courtesy copy of a CBP Form 28 or the 29 to your Customs broker.

Therefore, let us repeat our short, best answer: Notify your Customs broker immediately. Feel free to discuss this subject further with your regular C J representative or directly with Samya Murray, C J’s Compliance Officer at sdmurray@cjinternational.com.

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