Importers are not specifically required by law to hold a shipment in any given location once a Customs bond has been filed, pending a decision by FDA whether or not to sample. However, in the event the Food and Drug Administration decides to collect a sample, US Customs can require, under terms of the bond, that the importer return the entire shipment or any portion thereof for sampling, if the shipment has left the port area.
Liquidated damage assessments, or bond actions, are taken when an entry is distributed prior to FDA release and can not be redelivered, or when an article has been detained and refused and the article is not destroyed or exported in accordance with the requirements of the law.
The FDA's policy is to seek the maximum liquidated damage assessment, which is three times the retail value of the shipment. This is in every instance, without exception.
Fuerst Humphrey Ittleman provides businesses with an in-depth investigation when liquidated damage assessments occur, to ensure cancellation or to achieve mitigation when circumstances warrant.
For more information, please contact Christine M. Humphrey, Esq. at chumphrey@fuerstlaw.com.
Liquidated damage assessments, or bond actions, are taken when an entry is distributed prior to FDA release and can not be redelivered, or when an article has been detained and refused and the article is not destroyed or exported in accordance with the requirements of the law.
The FDA's policy is to seek the maximum liquidated damage assessment, which is three times the retail value of the shipment. This is in every instance, without exception.
Fuerst Humphrey Ittleman provides businesses with an in-depth investigation when liquidated damage assessments occur, to ensure cancellation or to achieve mitigation when circumstances warrant.
For more information, please contact Christine M. Humphrey, Esq. at chumphrey@fuerstlaw.com.
