Post by customsesq on Oct 10, 2012 16:53:38 GMT -5
Petitions for relief are written presentations (sometimes supplemented with an oral presentation) whereby an alleged violator of a customs law or regulation responds to the government’s issuance of a penalty, claim for liquidated damages, or notice of seizure. A petition is the means for the alleged violator to convince Customs that there is a reason to remit or mitigate the penalty, liquidated damages, or seizure. Petitions are usually due 30 or 60 days after the date the notice (not the date in which it is mailed or received). One may ask for an extension if need be. Customs regulations (19 C.F.R. § 171.1) provide the following information when preparing a petition:
The petition for remission or mitigation need not be in any particular form. Customs can require that the petition and any documents submitted in support of the petition be in English or be accompanied by an English translation. The petition must set forth the following:
(1) A description of the property involved (if a seizure);
(2) The date and place of the violation or seizure;
(3) The facts and circumstances relied upon by the petitioner to justify remission or mitigation; and
(4) If a seizure case, proof of a petitionable interest in the seized property.
The alleged violator begins at a disadvantage – it is the accused who has the burden of proving its innocence. Thus, it is best to consult with an attorney about your options when preparing a petition to file with Customs.
View the original article here customsesq.com/blog/petition-for-relief/
The petition for remission or mitigation need not be in any particular form. Customs can require that the petition and any documents submitted in support of the petition be in English or be accompanied by an English translation. The petition must set forth the following:
(1) A description of the property involved (if a seizure);
(2) The date and place of the violation or seizure;
(3) The facts and circumstances relied upon by the petitioner to justify remission or mitigation; and
(4) If a seizure case, proof of a petitionable interest in the seized property.
The alleged violator begins at a disadvantage – it is the accused who has the burden of proving its innocence. Thus, it is best to consult with an attorney about your options when preparing a petition to file with Customs.
View the original article here customsesq.com/blog/petition-for-relief/