English Arabic Armenian Azerbaijani Chinese (Simplified) Chinese (Traditional) Czech Danish Dutch Estonian Filipino Finnish French Galician Georgian German Greek Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malay Maltese Norwegian Persian Polish Portuguese Russian Slovak Slovenian Spanish Swedish Thai Turkish Ukrainian Vietnamese

U.S. import liability now personal

WASHINGTON, DC: A new ruling by a U.S. Federal Appeals Court makes import managers, compliance officers and business owners personally liable for prosecution by U.S. Customs and Border Protection (CPB) for "fraudulently or negligently providing information on company imports".

US Customs brokerAccording to trade advisory law firm STR, the decision distinguishes between those who "enter" goods (e.g., the importer of record) and those who "introduce" goods into U.S. commerce – thereby creating a wide-ranging new category of individuals subject to penalties for violations.

STR says statute 19 USC 1592(a)(1) "prohibits any person from fraudulently or negligently entering, introducing or attempting to enter or introduce merchandise into U.S. commerce by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false or any material omission".

Citing the case of the U.S. versus Trek Leather Inc., STR says the court decided the company's president Harish Shadadpuri was personally responsible for a false filing despite his claim he could not be held liable because he wasn't the importer of record.

The court said the relevant statute now applies to any person, regardless of whether or not they are an importer of record, commenting: "There is simply no basis for giving an artificially limited meaning to this most encompassing of terms, which plainly covers a human being."

As a result of its decision, the court found Shadadpuri grossly negligent because he transferred ownership of the goods while they were in transit to a company he chose to be the importer of record and then gave the Customs broker information that understated the value of the shipment.

STR says the new ruling should be of immediate concern to anyone directly involved in the import process for their companies: "It provides another reason to quickly correct entry errors when they are discovered and a compelling motive to engage in prospective compliance rather than reactive compliance."

News

Written on 18/08/2017, 21:43
mexico-boosts-miami-air-cargo-volumeMIAMI: August 17, 2017. Miami International Airport has reported a 4.8 percent growth in cargo traffic for the first half of 2017 with domestic traffic...
Written on 17/08/2017, 18:44
turkish-cargo-helps-save-livesMOGADISHU: August 15, 2017. In March this year actor Ben Stiller and other celebrities launched a viral crowdfunding appeal on behalf of the famine in...
Written on 17/08/2017, 18:01
first-flight-out-for-hungarian-horsesBUDAPEST: August 15, 2017. Cargolux and Hellmann Worldwide Logistics have flown 14 Hungarian-bred racehorses from Budapest via Luxembourg and Beijing to...
Written on 11/08/2017, 15:35
european-commission-supports-hna-purchase-of-frankfurt-hahn-airportFRANKFURT HAHN: August 10, 2017. The HNA Group has completed its acquisition of Frankfurt-Hahn airport from the German state of Rhineland-Palatinate. The...
Written on 10/08/2017, 21:40
veteran-wins-fedex-grant-to-upcycle-military-surplusMEMPHIS: August 10, 2017. FedEx has awarded the Grand Prize in its 2017 small business grant competition to Sword & Plough founders Emily Núñez...
Written on 10/08/2017, 15:39
fortune-50-companies-back-no-fee-recruitment-in-supply-chainsNEW YORK, NY: AUGUST 07, 2017. Ford, General Motors, Hormel Foods, Marriott Hotels and Michael Kors have agreed to promote ethical labor policies in their...
Written on 08/08/2017, 02:14
matson-to-add-marshall-islands-serviceHONOLULU: AUGUST 07, 2017. Matson is adding to its Marshall Islands (RMI) service in the first quarter of 2018 with a new biweekly sailing from...
Written on 04/08/2017, 20:56
xpo-on-the-m-a-road-againGREENWICH, CT: August 04, 2017. XPO Logistics has reported a net income of US$73.2 million on revenue of US$7.3 billion for the first six months of...
Written on 03/08/2017, 17:48
ups-provides-logistics-key-to-circular-business-solutionATLANTA: August 02, 2017. UPS is helping New Jersey-based Terracycle turn hard-to-recycle items into trashcans and park benches while diverting 40 million...
Written on 03/08/2017, 13:50
hyperloop-one-lifts-offNEW YORK: August 02, 2017. Following a successful first test last month, the vacuum transport system built by Hyperloop One has now reached a speed of 192...
Written on 02/08/2017, 16:28
no-american-investment-from-qatar-airwaysDOHA: August 02, 2017. Qatar Airways is not proceeding with its initial 7.5 percent "passive" stake in American Airlines (AA) for an estimated US$808...
Written on 28/07/2017, 20:54
turkey-logistics-investment-continuesISTANBUL: July 27, 2017. Private equity manager Abraaj Group has acquired an unspecified "significant minority" stake in Netlog Lojistik Hizmetleri, one...
Written on 27/07/2017, 17:55
supply-chain-staff-crisis-warns-dhlBONN: July 26, 2017. A report sponsored by DHL Supply Chain into a shortage of industry talent says as much as a third of the current workforce is at or...
Written on 25/07/2017, 20:14
dp-world-australia-wins-cosco-endorsementSYDNEY: July 25, 2017. DP World Australia has set up a logistics stevedoring subsidiary DP World Logistics Australia and full-service container park...
Written on 25/07/2017, 19:40
bollore-signs-new-cameroon-concessionKRIBI, Cameroon: July 25, 2017. CMA CGM and Bolloré Transport & Logistics have signed a 25-year concession to manage a new container terminal at the...
Written on 21/07/2017, 19:35
new-india-tax-will-mean-savings-say-expertsDELHI: July 21, 2017. The implementation of a new Goods and Services tax (GST) in India, as a replacement for a myriad of local and state levies, has...
Written on 20/07/2017, 22:27
america-s-largest-trade-gateway-aims-for-near-zero-emissionsSAN PEDRO BAY, CA: July 19, 2017. The ports of Los Angeles and Long Beach, America's two largest ports, have published a plan to reduce trucks and...
Written on 19/07/2017, 17:41
post-brexit-britain-to-rely-on-emerging-marketsBAAR, Switzerland: July 19, 2017. As Britain's Conservative government acknowledges the one-time cost of leaving the EU could be £66 billion, Agility...
Written on 18/07/2017, 18:26
politics-not-economics-key-to-inequality-says-researchBOSTON: July 17, 2017. Research by Oxfam suggests the poorest half of the world's population has received one percent of the total increase in global...
Written on 14/07/2017, 19:08
first-circular-economy-msc-launchedCRANFIELD, UK: July 14, 2017. Cranfield University is launching the world's first MSc course on the circular economy in October. The part-time...

- powered by Quickchilli.com -