U.S. Customs (CBP) issued a redelivery notice to an importer for failure to redeliver merchandise because it was refused admission by the FDA. Since there was no response, CBP then issued a liquidated damages claim to the surety in the amount of $50,000. Through its investigation, the surety was able to determine that the merchandise was, in fact, timely exported. The surety filed a petition that included documentation to prove that the merchandise was exported in the presence of an FDA officer.
The surety’s petition also included several mitigating factors based on CBP’s Guidelines for Cancellation of Claims for Liquidated Damages. These mitigation factors included: Offender takes immediate remedial action and Offender’s lack of importing experience.
CBP reviewed the surety’s petition and issued full cancellation of the case. Make sure you are working with a surety who knows Customs’ rules and regulations and can assist when claims arise.
