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We received a CF-29 form from Customs, a Notice of Action. What does this mean and how should it be handled?
CBP often issues a CF-29 as a follow up to a CF-28, although they may begin a process with a CF-29 as well. The CF-29 will indicate Action Taken or Action Proposed.
If CBP determines that the entered duty rate or value of any merchandise is too low, or if the quantity of imported merchandise exceeds the entered quantity, (and the increase in duties on that entry exceeds $15.00), Customs is required to promptly notify the importer on Customs Form 29. That form is to specify the nature of the action taken by Customs and the reasons for the action.
If the Action is proposed, you have twenty days to respond. In the case of Action Taken, if the action is unfavorable you have the option of protesting the decision. It is usually in your best interest to consult with legal counsel when responding to a proposed Notice of Action or filing a protest against Action Taken.
Counsel can research the matter thoroughly and act to protect your best interests. Actions Taken establish precedent and there may be more at risk than what meets the eye initially. Customs brokers frequently handle these matters, however they may not be aware of all the legal ramifications in particular cases, and therefore an importer is well advised to consider hiring legal counsel to assist in the matter.
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