New York Customs Law Advice

In the United States, goods are classified using the Harmonized Tariff Schedule (HTS) to determine the correct duty rate. Misclassification can lead to significant financial penalties or excessive duties, highlighting the importance of a meticulous approach. Similarly, proper valuation of goods is essential, as it directly impacts the amount of tax owed to U.S. Customs and Border Protection (CBP). We assist clients in accurately determining the value of their goods, which includes all aspects of the transaction, such as price, packing costs, and commissions.

Companies can face severe penalties for failing to comply with CBP regulations. Our firm provides New York customs law advice to help businesses proactively identify and mitigate risks related to non-compliance. This includes a thorough review of import/export records, contracts, and internal procedures to ensure all activities meet federal and state requirements. Our comprehensive approach helps clients build a robust compliance framework, reducing their exposure to risks like seizures, fines, and even criminal prosecution.

The first step in challenging a CBP decision is to file a formal Protest. This is an administrative remedy available to importers who believe a decision on duty assessments, classifications, or penalties was incorrect. A legal expert can help draft and submit the protest, ensuring all required information and supporting documentation are included. We manage this process diligently, adhering to strict deadlines and providing a compelling case supported by relevant legal precedents.

If an administrative protest is denied, the next step is often judicial review at the U.S. Court of International Trade (CIT). Located in New York, the CIT has exclusive jurisdiction over most civil actions arising from federal statutes governing international trade. Our firm’s legal team can represent clients in this court, challenging CBP’s determinations and seeking a favorable outcome. This final stage of litigation is a complex process that requires deep legal expertise and a clear understanding of international trade law.

Companies must be prepared for potential audits or investigations by CBP. Our legal team can assist with conducting internal audits to identify and rectify any past errors. This proactive approach can help mitigate penalties through voluntary disclosures, a process that shows good faith and cooperation with the authorities. We help clients prepare for these audits, ensuring their records are in order and that they can respond confidently and accurately to any inquiries.

The complexity of modern supply chains requires a thorough legal review of all related contracts. We offer New York customs law advice to examine terms and conditions in shipping and purchasing contracts, ensuring clear allocation of responsibility for customs duties, import clearance, and other logistical matters. This review is critical for avoiding disputes and unexpected costs, helping companies build more secure and predictable supply chains.