Fines, Penalties, and Forfeitures Flashcards

Under 19 CFR 171.31, CBP may cancel a penalty claim if:

Answer: There is insufficient evidence to support the violation

CBP may cancel a penalty when evidence is insufficient to sustain the violation charge under the applicable statute.

What is the penalty for a customs broker who knowingly makes a false statement to CBP under 18 USC 1001?

Answer: Criminal prosecution with up to 5 years imprisonment

18 USC 1001 (false statements to a federal agency) is a criminal statute carrying penalties up to 5 years imprisonment.

Under 19 USC 1526(f), importing merchandise bearing a counterfeit trademark may result in a civil fine of up to:

Answer: Twice the dutiable value of the merchandise

Under 19 USC 1526(f), importers of counterfeit-trademarked merchandise face civil fines up to twice the domestic value of the merchandise.

When CBP issues a pre-penalty notice (Notice of Intent to Issue Penalty), the respondent typically has how many days to respond?

Answer: 15 days

Respondents generally have 30 days to respond to a pre-penalty notice under 19 CFR 162.77.

A 'vessel or vehicle' used to smuggle merchandise may be seized and forfeited under which provision?

Answer: 19 USC 1594

19 USC 1594 provides for seizure and forfeiture of vessels and vehicles used to import merchandise contrary to law.

Under the Express Consignment Carrier provisions, failure to comply with advance electronic manifest requirements may result in penalties under:

Answer: 19 USC 1436

19 USC 1436 provides penalties for failure to comply with manifest reporting requirements for arriving carriers.

A mitigating factor that CBP commonly considers when reducing a 19 USC 1592 penalty is:

Answer: The importer has no prior violation history with CBP

A clean compliance history with no prior violations is a standard mitigating factor CBP weighs in penalty reduction decisions.