If you’ve ever received a U.S. CBP (Customs and Border Protection) Form 28 or CBP Form 29, you may have felt uncertain about what steps to take. These forms are commonly issued to importers concerning past imported products that have not yet been liquidated.
Understanding CBP Form 28 and CBP Form 29
CBP Form 28 (Request for Information): This form is issued when CBP requires additional information regarding a shipment. As indicated in the same form, “the requested information is necessary for proper classification and/or appraisement of your merchandise and/or for insuring import compliance of such merchandise”. CBP may request documentation such as invoices, contracts, or other proof of value to substantiate the claim for the imported goods.
CBP Form 29 (Notice of Action): This form is issued normally when CBP is unsatisfied with an importer’s response to a Form 28. At this time, CBP has determined a problem with your shipment (such as incorrect classification or valuation), and their decision is to ‘take action’.
The type of action taken falls into two categories:
- PROPOSED: In this case, the importer is given 20 days to explain and convince CBP that their change in classification is unfounded.
- TAKEN: CBP has already taken action on your shipment, such as reclassifying or revaluing the goods. This action is final, and the entry has begun the liquidation process. You may file a formal protest after the liquidation notice is issued.
Both forms are official CBP notices, so it’s crucial to handle them promptly and correctly. Ignoring or delaying a response to these forms could result in penalties, increased duties, or even confiscation of goods.
Steps to Take Upon Receiving CBP Form 28 or CBP Form 29
If you receive a CBP Form 28 or 29, certain standard actions must be taken immediately:
Response Time
You must respond within 30 days (CBP Form 28) and within 20 days (CBP Form 29) of receiving the form.
How to Respond
Gather the requested information: Make sure you provide all the requested documents. If you’re unsure about any details, reach out to your Customs Broker or a professional familiar with customs regulations to assist in compiling the necessary paperwork.
Submit the documents to CBP: Ensure that your response is clear, complete, and submitted according to the instructions on the forms. The responses can be submitted electronically through the Automated Commercial Environment (ACE) or via mail, depending on the nature of the request.
Follow up: After submitting the necessary documents, you can follow up with CBP to ensure they have received the information and to confirm that the issue has been resolved. It’s advisable to keep records of all communications and submissions for your reference.
On CBP Form 29 Review the Notice Carefully
Form 29 will specify the nature of the action CBP is taking. The form will indicate the reason for the action (e.g., incorrect classification, undervaluation of goods, or failure to meet regulatory requirements), as well as any specific steps you must take to resolve the situation.
Address the issue: Depending on the nature of the problem, you may need to:
- Submit additional documentation or evidence (for example, a corrected invoice, an updated classification request, or more detailed product descriptions).
- Pay any additional duties, fees, or penalties assessed by CBP.
- Request a review or appeal if you believe that the decision made by CBP is incorrect.
- Follow up: As with Form 28, it’s important to follow up on the situation to ensure that your response has been processed and that your goods are cleared for entry. If you disagree with the actions outlined in Form 29, you may have the option to appeal the decision through CBP’s administrative procedures.
What Happens If You Don’t Respond?
Failing to respond within the specified time to CBP Form 28 automatically triggers a CBP Form 29. Failure to respond to CBP Form 29 translates to automatic acceptance of the proposed action. It can additionally result in fines and/or penalties. Additionally, if CBP determines that the issues raised in the forms are not resolved, your goods may be seized, and you may face further enforcement actions.
Receiving a CBP Form 28 or CBP Form 29 can be unsettling, but responding quickly and thoroughly is key to resolving any issues. Whether you’re being asked for additional documentation (Form 28) or notified of an action against your goods (Form 29), understanding what each form requires and taking the appropriate steps will help ensure that you can continue to import goods smoothly. At PROMPTUS we guide our customers when they receive a CBP form 28 or 29, ensuring a swift and accurate response. Call us today at 1-877-776-6799 to answer your questions.
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