International trade offers growth opportunities, but even minor errors can result in serious import violations. Customs enforcement is stricter than ever, and U.S. Customs and Border Protection (CBP) has the authority to impose steep penalties, seize goods, and suspend import privileges. If your business relies on cross-border shipments, it’s essential to understand what customs lawyers want you to know before things go wrong.
1. Ignorance Is Not a Defense
Many businesses unknowingly violate customs laws. However, lack of knowledge doesn’t protect you from liability. Common mistakes include misclassifying goods, undervaluing shipments, or importing restricted items without proper licenses. Lawyers emphasize the importance of having a compliance plan—even if you only import occasionally.
2. Classification Errors Can Be Expensive
One of the most frequent issues lawyers deal with is incorrect Harmonized Tariff Schedule (HTS) codes. Choosing the wrong code can lead to:
- Overpaying duties
- Underpaying duties (and facing penalties later)
- Shipment delays during CBP inspections
Customs lawyers advise conducting internal audits or seeking binding rulings for complex products.
3. Country of Origin Declarations Must Be Accurate
Misrepresenting the origin of goods, even unintentionally, can result in fines or bans under trade agreements. This is especially critical if you source components from multiple countries. Legal experts recommend tracking origin documentation throughout your supply chain and ensuring compliance with marking requirements.
4. Be Proactive About CBP Notices
If you receive a penalty notice, seizure letter, or Request for Information (CF-28), don’t delay. Customs lawyers stress the importance of timely responses. Waiting too long—or responding incorrectly—can escalate the situation. Legal counsel can help file petitions, protests, or prior disclosures to resolve matters with minimum damage.
5. Repeat Violations Increase Risk
A single mistake may result in a warning, but repeated violations signal negligence. That’s when CBP may escalate enforcement, initiate audits, or place your business on a watch list. Lawyers advise creating internal training programs and updating processes regularly to prevent recurring issues.
6. Voluntary Disclosures May Protect You
If you discover an error before CBP does, you can file a prior disclosure. This strategy often reduces or eliminates penalties if the mistake is corrected voluntarily. Customs lawyers help draft and submit these disclosures properly to demonstrate good faith and cooperation.
7. Recordkeeping Requirements Are Strict
CBP requires importers to maintain certain records—like entry summaries and commercial invoices—for at least five years. Failure to retain these documents can lead to additional penalties during an audit. Legal experts recommend building a centralized recordkeeping system accessible for both legal and compliance reviews.
Final Thoughts
Import violations are not always intentional—but they are always serious. Working with experienced customs lawyers or a knowledgeable tariff attorney helps you stay ahead of risks, handle enforcement issues professionally, and build a stronger compliance foundation for long-term trade success.