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New Guidelines for Mitigation of Penalties

Effective December 6, 2006, US Customs and Border Protection has implemented new guidelines for mitigation of penalties for merchandise delivered from the port without US Customs and Border Protection authorization or examination, and which affects public safety. In the past, many of these penalties had been mitigated to an amount of $2,500. New guidelines call for mitigations of:

  • First violation - 75% of the domestic value of the merchandise or a flat sum between $10,000 and $25,000 at CBP’s sole discretion
  • Second violation - 75% of the domestic value of the merchandise or a flat sum between $25,001 and $50,000 at CBP’s sole discretion
  • Third violation - 75% of the domestic value of the merchandise or a flat sum between $50,001 and $75,000 at CBP’s sole discretion

In addition, assessment of separate penalties against multiple parties may arise for a single removal or delivery without authorization.