How knowing the Right People in Customs & International Trade Law will save you both Time and Money

Companies and individuals involved in importing and exporting of products need to fully understand the people that will make or break their careers in International Trade. We discuss the people in this article.

International Trade is a trillion dollar industry, and generally all goods imported into the customs territory of the U.S. must be cleared or entered through the U.S. Customs and Border Protection. As an item is being imported into the US, it will encounter many customs officials and professionals as it heads towards its final destination. There are over 300 ports of entry in the US (seaports, airports, and land border crossings) designated by the Secretary of the Department of Homeland Security. Customs professionals are necessary in part to minimize importation of illegal and dangerous items as well as thwart the efforts of organized crime. We discuss many of these customs professionals involved in the import-export process in the foregoing paragraphs.

Who is involved in the Customs process? 

The main individuals involved in customs and importing items into the US are: 

1. Customs and Inspection Officers	2. Fines, Penalties, And Forfeitures Officers
3. Import Specialists	4. Regulatory Auditors
5. ICE Agents	6. National Account Managers
7. CBP Officials	8. Lawyers

Many products will enter a country through ports. Fines and penalties will often occur by not properly following the strategies in international trade law.

1. Who are Customs Officials and what powers do they have?

   Customs officers have a wide range of powers and have the responsibility to inspect cargo and process individuals. They secure the U.S. border to prevent drugs and illegal products from entering the U.S. In addition, customs officers enforce immigration laws to ensure individuals have the proper visas and certifications to enter the country. Customs officers promote trade compliance and have the ability to approve or reject a good or a person as well as issue fines and seizures at airports, seaports, and rail terminals.

   Many of the customs officials have specialized knowledge in Importation (e.g., Import Specialists and National Account Managers) and Fines and Seizures (e.g., Fines, Penalties, and Forfeitures Officers).

   How are ICE Agents different from CBP Officers?

   ICE Agents enforce immigration laws just as CBP officers do, however ICE Agents enforce immigration laws throughout the entirety of the U.S. while CBP officers generally enforce immigration laws at or near the borders. 

2. Who are Customs Regulatory Auditors?

   Customs Regulatory Auditors are typically Certified Public Accountants that review transactions, and accounting and financial records records of importers. The Auditors also conduct Focused Assessments which are targeted audits on a sample of import transactions over a period of time selected on the basis of perceived risk of noncompliance with the CBP rules and regulations. 

3. Who are Freight Forwarders and Customs Brokers?

   Freight forwarders primarily manage shipments and bring products from a location to another location, and custom brokers are responsible for clearing customs and bringing the item into the country.

Air transport is increasingly becoming a way to quickly import and export products.

4. Who are Customs and Trade Lawyers?

Customs and Trade Lawyers are lawyers that specialize in the legal issues in import-export of goods and services. Custom lawyers will generally either work for the U.S. government or law firms. Government customs lawyers will protect the interest of the U.S. Government. Customs and trade lawyers in law firms provide services to companies and individuals such as: 

1. Protest and appeal negative customs decisions to the appropriate government official relating to valuation, country of origin, and duty saving opportunities,

2. Request advanced binding rulings and internal advice,

3. File petitions for relief of forfeiture and forfeiture proceedings,

4. File prior disclosures,

5. Represent clients in focused assessment, 

6. Legal consulting, and many more.

Geremy Johnson, Esq. is a customs and trade lawyer that offers various trade and customs legal services. Please contact him with your trade and legal needs.