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Collection on fine from US Customs in Connecticut

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snoeij

Junior Member
What is the name of your state (only U.S. law)? Connecticut.
I imported good from China 3 years ago. Last summer more than 2 years after, I received a collection letter from US Customs, that I had to pay immediately $4250. There was no reason why and when I protested this claim, they answered that the time to protest had expired. I still don't have an answer from Customs why I have to pay this, but found out from the broker that there was an increase in the tariff. I sold the products already and have no way to make good for this and I don't have the money or access to credit cards etc.
I went to a lawyer, he told me that I was screwed and that I have to pay. He called the collection agency and an an offer to settle for 70% was on the table instantly. Since I don't have the money, the lawyer will try to settle for less.
He wants me to give him the 70% as a trustee and will try to get a better settlement. I am a little wary to give him this money, and rather pay directly to the US Customs.
Question:
Is the above a proper way of handling this US Customs Claim, or is there a better way to handle this? I would like to negociate installment payment, since I don't have the funds to begin with,What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Connecticut.
I imported good from China 3 years ago. Last summer more than 2 years after, I received a collection letter from US Customs, that I had to pay immediately $4250. There was no reason why and when I protested this claim, they answered that the time to protest had expired. I still don't have an answer from Customs why I have to pay this, but found out from the broker that there was an increase in the tariff. I sold the products already and have no way to make good for this and I don't have the money or access to credit cards etc.
I went to a lawyer, he told me that I was screwed and that I have to pay. He called the collection agency and an an offer to settle for 70% was on the table instantly. Since I don't have the money, the lawyer will try to settle for less.
He wants me to give him the 70% as a trustee and will try to get a better settlement. I am a little wary to give him this money, and rather pay directly to the US Customs.
Question:
Is the above a proper way of handling this US Customs Claim, or is there a better way to handle this? I would like to negociate installment payment, since I don't have the funds to begin with,What is the name of your state (only U.S. law)?
I have extensive experience with importing goods into the US and tariffs.

Something is very wrong with this story. Tariffs are based on the actual goods coming into the country at the actual time...shipment by shipment.

I know of no way that US Customs could determine that a shipment that came into the US two years ago could be subject to a higher tariff, without direct access to the goods to inspect them and determine that they were missclassifed....which is impossible at this point. Missclassifications must be dealt with at the point of entry, based on actual inspection. In other words, if a shipment was passed at lower tariff than it should have been passed...its a "done deal".

However...if the customs broker you used had a serious cash flow problem and you paid the broker but the broker never paid US customs...THEN I could see a possible problem for you. However, that also doesn't make sense because both importers and customs brokers are subject to bonds to cover those kinds of issues.

I think that you need to consult more attorneys. Admittedly I have been out of the "loop" for about 8 years, but what you are describing shouldn't be possible.
 

snoeij

Junior Member
I have extensive experience with importing goods into the US and tariffs.

Something is very wrong with this story. Tariffs are based on the actual goods coming into the country at the actual time...shipment by shipment.

I know of no way that US Customs could determine that a shipment that came into the US two years ago could be subject to a higher tariff, without direct access to the goods to inspect them and determine that they were missclassifed....which is impossible at this point. Missclassifications must be dealt with at the point of entry, based on actual inspection. In other words, if a shipment was passed at lower tariff than it should have been passed...its a "done deal".

However...if the customs broker you used had a serious cash flow problem and you paid the broker but the broker never paid US customs...THEN I could see a possible problem for you. However, that also doesn't make sense because both importers and customs brokers are subject to bonds to cover those kinds of issues.

I think that you need to consult more attorneys. Admittedly I have been out of the "loop" for about 8 years, but what you are describing shouldn't be possible.
Thank you for your response.
US Customs now started collections and will send in a civil investigator to do a asset & liability investigation. In the meantime another US Custom Office will provide me with the paperwork on how this bill was calculated. I have to pay for the cost incurred to US Customs, they say and reimburse the wages of the employee searching for this information. But this will be too late anyway if they start collecting this money.
Is there a way to stop this, without going to court or using $250/hour legal help?
Thanks for any answer that may help me
 

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