Fifth Amendment of the U.S. Constitution prohibits federal government, which includes Customs and Border Protection (CBP), from depriving a person of property without due process of law. Fifth Amendment requires CBP to follow adequate procedures before a person is deprived of property. LawCustoms editor has not investigated as to whether money = property under the Fifth Amendment, but if it did, then CBP’s Protest/Petition Processing Handbook would be probative of CBP’s compliance with Due Process requirements. The handbook was issued by CBP’s Headquarters (HQ) for field offices or ports throughout the United States. Accordingly, it is a command by HQ to follow enumerated procedures at the post entry stage. For importers, customs brokers, and attorneys, the Handbook can be a treasure trove because the deviation from CBP’s Handbook to the detriment of the complainant, can be a cause for overturning CBP’s decision. For example, the deviation from the Handbook, can be used as a tool to file the request to void the denial of protest under 19 U.S.C. § 1515(d) (2011). Besides official administrative actions, the Handbook can also be helpful in conversations with CBP officials. CBP, like customs brokerage community, is transforming to become a more centralized and efficient…
Read More CBP’s Post Entry Procedural Due Process Disclosure Manual
