After you submitted your formal response via CBP Form 28 and customs has reviewed it, based on that, a determination will be mailed to you as an importer. You will be advice of the decision taken in writing and options available. This notification will be in the CBP Form 29, which is a formal response by CBP to inform you, based upon information provided of the CBP Form 28 on merchandise which has been previously release. This formal response CBP Form 29 is based on 19CFR 152.2, states that the port director has the discretion to determine, if discrepancies exist, requested modifications and additional duties on merchandise previously released. As an importer you have 20 days to respond to this formal response (CBP Form 29), if you disagree with proposed action, or action taken such as: rate advance, value advance excess weight or quantity or other.
My advice as your custom broker expert is to seek all options available and continue gathering all pertain information throughout you company. In my experience as a custom broker expert no single individual or department has all the information. Look within finance, manufacturing, legal or other departments that might have information that does not comes to you mind but is crucial to correctly respond to this request.
In my experience as a custom broker in assisting my clients to properly and correctly respond to this form, must be treated as a company wide team effort and have it approved by your legal department. In addition, read previously published " CBP Form 28 Request for Information."
The more information you can obtain, the better the chances to obtain a favorable decision.
Francisco Ramirez, Jr. helps businesses to flawlessly import or export merchandise across the US borders. He is a managing partner of Automated Customs Experts Group, Inc. in San Diego California. His upcoming book teaching importing, exporting and logistics teaches companies how to avoid the most frequent importing and exporting mistakes will be out in near future.
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