Timely Reminder About Untimely Petitions:

CBP Changes to Liquidated Damages Guidelines Have Increased the Cost of Slow Responses

In January of this year, US Customs and Border Protection ("CBP"), updated its guidelines for cancellation and mitigation of claims for liquidated damages when companies  are late in filing claims for relief.  These new guidelines limit the circumstances under which a late petition will be accepted by CBP, and also change the formula for calculating additional payments required when petitions are filed late.  In the past, it may have been possible for an importer that had missed the filing deadline to contact the local port officials and "beg for mercy."  But, it appears that this will no longer be possible under the new guidelines.  As a result, now it is even more important for importers to have concrete procedures in place for company personnel and brokers to react quickly to any correspondence from CBP and to get a CBP notice in the hands of the right company decision-maker