Under 19 USC 1595a(b), for violations of 19 USC 1448 (delivery from place of unlading without authorization) or 19 USC 1499 (delivery without CBP examination), a monetary penalty equal to the domestic value of the merchandise shall be issued. The existing guidelines provide for mitigation to an amount between $2,500 and $20,000, depending on aggravating or mitigating factors, and many penalties have been mitigated to $2,500, regardless of whether the violations may have involved safety considerations.
"CBP’s amended penalty guidelines that apply to merchandise removed or delivered from the place of unlading, the terminal or the port without CBP authorization and/or examination took effect on December 6. For removal of merchandise that Customs considers may place the security, health or safety of the public at risk, the new mitigation schedule is as follows:
A first violation may be mitigated upon payment of an amount equal to
the lesser of: (1) 75 percent of the domestic value of the merchandise
at issue or (2) a flat sum ranging from $10,000 to $25,000.
A second violation may be mitigated upon payment of an amount equal to
the lesser of: (1) 75 percent of the domestic value of the merchandise
at issue or (2) a flat sum ranging from $25,001 and $50,000.
Third and subsequent violations may be mitigated upon payment of an amount
equal to the lesser of: (1) 75 percent of the domestic value of the merchandise
at issue or (2) a flat sum ranging from $50,001 to $75,000.
Each party involved in the violation may be subject to a penalty."
The full report can be found on customs website at: