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TITA Duty Preference Programs

Duty Preference Programs

TITA advises clients on the use of duty preference programs such as DR-CAFTA (U.S., Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua), NAFTA (U.S., Canada and Mexico), U.S.-Colombia, and U.S.-Chile Free Trade Agreements. TITA also assists clients in identifying how to qualify for use of the Generalized System of Preferences (GSP). Under U.S. Customs law, all imported merchandise is subject to customs duties, and it is strictly an importer of records obligation to use “reasonable care” in determining whether a duty preference program is applicable. Importers are responsible to accurately advise U.S. Customs, upon entry into the U.S., whether goods qualify for duty free treatment, and to keep accurate records to prove the declaration is correct. Penalties for non-compliance can be severe. 19 U.S.C. 1592 is the statute CBP references when issuing penalties for negligence, gross negligence or fraud – depending on the degree of culpability CBP believes you had at the time of your non-compliance. Moreover, TITA advises clients on qualification for use of duty preference programs, especially during U.S. Customs requests for information, notices of action and penalty proceedings.

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