Frequently Asked Questions

Who is legally responsible if duties were underpaid?

The importer of record, in nearly every case. Not the supplier, not the freight forwarder, and not the customs broker who filed the entry. CBP looks to the importer for the money and for the records behind it. That is why classification and valuation decisions cannot be handed to a vendor and forgotten.

What does reasonable care actually require from an importer?

It is a legal standard, not a courtesy. An importer is expected to take affirmative steps to classify, value, and declare origin correctly, and to document how those conclusions were reached. Written classification rationale, periodic review, and evidence that expert advice was sought on unclear items all count toward it. Using whatever code the supplier put on the invoice does not.

We think we overpaid duty on past shipments. What are the options?

Three, and they do not overlap. A post summary correction fixes an entry that has not yet liquidated. A protest challenges an entry after liquidation, within the statutory window. Drawback recovers duty on goods that were exported or destroyed, reaching back five years from the date of import. Which one applies depends on the entry date and what happened to the goods, so entry data drives the answer rather than intent.

Can dutiable value be reduced lawfully?

Sometimes. Where goods move through a middleman in a multi-tier transaction, first sale valuation can allow duty to be assessed on the manufacturer’s price rather than the price you paid, provided there was a bona fide sale for export to the U.S. and the documentation supports it. It requires evidence, not an election, and it is not available on every supply chain.

If a customer rejects a shipment, is the duty refundable?

Often yes. Rejected merchandise drawback covers goods that did not conform to specification or were shipped without consent, where they are then exported or destroyed under CBP supervision. Companies write these losses off as a cost of doing business without ever looking at the duty sitting inside them.

Does qualifying for USMCA happen automatically?

No. Preferential treatment has to be claimed, and it has to be supported by a certification of origin showing the goods meet the rule of origin for their tariff line. Regional value content and tariff shift tests are specific to each product. Goods made in Mexico or Canada are not automatically USMCA qualifying, and an unsupported claim is an exposure rather than a saving.