U.S. Compliance Update - Special Notice to Our Valued Clients

Special Notice to our Valued Clients

U.S. Customs regulations provide that the following notice be provided to our clients: If you are the importer of record, payment to the broker will not relieve you of liability for customs charges (duties, taxes, or other debts owed CBP) in the event the charges are not paid by the broker. Therefore, if you pay by check, customs charges may be paid with a separate check payable to the “U.S. Customs and Border Protection” which will be delivered to CBP by the broker.

Further, in accordance with the Customs Modernization Act of 1993, the Importer and/or Exporter is legally obligated to exercise Reasonable Care in all Customs transactions to ensure the accuracy of all information filed on their behalf by their designated agents and brokers. As such, Importers and Exporters are required to review all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, Other Government Agencies and/or third parties for correctness. KWE clients are asked to immediately advise the KWE processing branch of any discrepancies, incorrect statements, omissions on any declaration or other submission filed on their behalf. You may also refer to § 141.1 Liability of importer for duties.

As a reminder, Automated Clearing House (ACH) is an option available for paying certain duties, taxes, and fees electronically, while (PMS) or Periodic Monthly Statement refers to a feature within the U.S. Customs and Border Protection system that allows importers to consolidate and pay all their customs duties and fees for a given month on the 15th business day of the following month, essentially providing a single monthly payment instead of processing each shipment individually. The process is quite simple. Fill out the ACH Debit Application, CBP Form 400 and email it to CBP for processing, at mailto:ACH-Customs@cbp.dhs.gov. Next, CBP will review the application and process it, which may take up to 15 business days from date of receipt. CBP will create an ACH account and assign a unique PUN (Payer Unit Number) for you. Hold on to that communication as part of your recordkeeping! Once obtained, be sure to share this information with your Customs Broker for Statement Processing. Note that the filer’s U.S. bank must be a NACHA participant.

STAY AHEAD — ONE FORWARDER, ONE BROKER, OVERALL COMPLIANCE

Informational document brought to you by KWE-USA Corporate Compliance.

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