How To Handle Enforcement Actions When Dealing With Customs

If you are involved in international trade, one of the concerns you might have is whether you can remain in compliance. While you should keep up-to-date on the latest regulations, you also may need the services of a customs and trade attorney. A customs and trade attorney is a legal professional specializing in the laws and regulations governing the import and export of goods across national borders. 

How a Customs and Trade Attorney Helps with Compliance Issues

Customs and trade attorneys can advise you on how to comply with the complex and ever-changing rules of customs authorities, such as tariff classification, valuation, country of origin, marking, labeling, intellectual property rights, antidumping and countervailing duties, free trade agreements, duty drawback, foreign trade zones, and more.

They can also help you design and implement effective compliance programs to prevent or mitigate potential violations and penalties. However, you'll also need to be prepared for when regulators engage in enforcement actions against you.

How to Handle Enforcement Actions

Customs and trade attorneys can represent you in enforcement actions by customs authorities, such as audits, investigations, seizures, forfeitures, penalties, liquidated damages, prior disclosures, voluntary tenders, protests, and litigation. They can also help you challenge unfavorable customs decisions or rulings before administrative agencies or courts.

How to Challenge Unfavorable Decisions

The first step is to review the decision and understand why it was made. It's essential to identify specific legal grounds for challenging the decision. Many administrative agencies have a mechanism for internal appeals. If so, this process should be followed as it may provide a quicker resolution than going straight to court. 

If there is no internal appeal process or if that process did not result in a favorable outcome, then filing a petition with the relevant court is necessary. You may need to go to trial. Your attorney will then assist you through the discovery process as you obtain information about what you need to build a solid case. Your case will then be litigated in court, and your attorney will do everything possible to help you bring your case to a favorable outcome.

Customs and trade attorneys have extensive knowledge and experience in international trade law. They can help you navigate the complex and dynamic customs environment and achieve your business goals regardless of if enforcement actions are being taken against you or if you are trying to prevent them in the first place. 

For more information, contact a customs and trade attorney near you.

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