peasurvey

Couldn't confirm presence of Flash 8 or higher because JavaScript was disabled.Get FlashI really do have Flash installed.ul{margin-top:0px;margin-bottom:0px;list-style-type:none;padding-left:20px;}Post-entry Amendments Survey

We need your help. There is a big controversy within the trade community on whether filing Post-entry Amendments (PEAs) is a good idea. Your answers will help resolve the controversy. We will report our findings through this newsletter to help importers decide their PEA policies and procedures.

Did you know that according to CBP, importers who file Post-Entry Amendments will still "be subject to the usual penalties, liquidated damages, and other administrative sanctions for any Customs laws violations." See the November 22, 2000 “Announcement of a General Program Test Regarding Post-Entry Amendment Processing." CBP created PEAs to allow importers to correct entries before liquidation. Many importers use PEAs enthusiastically. However, there is a hidden danger in using PEAs. Importers should not confuse PEAs with prior disclosures. By filing a prior disclosure, an importer is protected against penalties. Importers do not receive this important protection when filing PEAs. There is a concern in the trade community that CBP is penalizing or flagging importers who file PEAs.

There are only seven questions in this survey. You may remain anonymous.

Please proceed to question one.1. How would you describe yourself or your company?
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[ ] a. high volume importer who has imported.for many years.

[ ] b. high volume importer who is relatively new to importing.

[ ] c. amid-sized importer who has imported for many years.

[ ] d. mid-sized importer who is relatively new to importing.

[ ] e. small importer who has been importing for many years.

[ ] f. small importer who is relatively new to importing.

[ ] g. consultant or third-party logistics or transportation provider.

[ ] h. other [please explain your answer on the final slide.

2. How often do you file Post-entry amendments?
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[ ] a. Regularly and have done so for years.

[ ] b. Regularly, but started doing so only recently.

[ ] c. Occasionally over the years.

[ ] d. Occasionally, but started filing PEAs only recently.

[ ] e. Rarely or never.

[ ] f. Other [you may explain your answer in the final slide].

3. Before this survey, did you or your company know that CBP could potentially penalize you for filing PEAs?
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[ ] a. Did not know.

[ ] b. Knew, but decided that the benefits outweighed risks.

[ ] c. Other [please explain your answer on the final slide]

4. Has CBP ever sent you a Request for Investigation in response to filing a PEA?
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[ ] a. Yes.

[ ] b. I/we suspect so, but it's hard to prove.

[ ] c. No.

[ ] d. Don't know.

[ ] e. Other [please explain on file slide].

5. In response to filing a PEA, have you ever been subject to an enforcement action (fine, penalty, forfeiture, seizure, liquidated damages, rate advance, investigation, etc.) from CBP or any other agency?
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[ ] a. Yes.

[ ] b. I/we suspect so, but it's hard to prove.

[ ] c. No.

[ ] d. Don't know.

[ ] e. Other [please explain on final slide].

6. Do you know of any importer other than yourself who has been subject to an enforcement action (fine, penalty, forfeiture, seizure, liquidated damages, rate advance, investigation, etc.) in response to filing a PEA?
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[ ] a. Yes.

[ ] b. I/we suspect so, but it's hard to prove.

[ ] c. No.

[ ] d. Other [please explain on file slide].

7. What is your current opinion of PEAs?
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[ ] a. I/we trust them completely. No qualms about filing them.

[ ] b. PEAs are valuable, but should be filed only as a last resort.

[ ] c. PEAs are dangerous and should be filed only as a last resort.

[ ] d. PEAs should never be filed because they can trigger penalties.

[ ] e. Other [please explain your answer on the final slide].

8. Please use this space to explain any of your answers.

Thank you for your answers.

GRVR Attorneys
214.720.7720
info@exportimportlaw.com

Main Business Address:

Park Place Center
Suite 300
2911 Turtle Creek Boulevard
Dallas, Texas 75219

Mailing Address:

Post Office Box 131587
Dallas, Texas 75313-1587

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