Need to challenge a decision by U.S. Customs and Border Protection (CBP)? A “Sample Letter To US Customs And Border Protection Appeal” is your starting point. It’s a formal way to disagree with a CBP ruling. This could involve import duties, denied entry, or seized goods.
Writing the perfect appeal letter can be tricky. Don’t worry, we’ve got you covered. We will share samples that will help you craft a strong appeal.
This article provides ready-to-use letter templates. These samples will make the appeal process much easier. Use these examples to create your own effective appeal letter.
Sample Letter To US Customs And Border Protection Appeal
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
U.S. Customs and Border Protection
[CBP Address]
[CBP City, State, Zip Code]
**Subject: Appeal Regarding [Seizure/Penalty/Other Issue] – Case Number [Case Number, if applicable]**
Dear U.S. Customs and Border Protection,
I am writing to appeal [briefly state the reason for your appeal, e.g., the seizure of my goods, a penalty assessment, a denied entry]. This appeal concerns [describe the specific event or situation, including date, location, and CBP officer involved, if known].
[Clearly and concisely explain the reason for your appeal. Provide factual information and supporting documentation. For example:
* If appealing a seizure: “The seized item, [item description], was declared upon entry and is for personal use, not commercial purposes. Attached is a receipt showing proof of purchase and value.”
* If appealing a penalty: “The penalty assessed for [reason for penalty] is unwarranted because [explain why the penalty is incorrect]. Attached is documentation demonstrating [supporting evidence].”
* If appealing a denied entry: “My entry was denied due to [reason for denial]. However, I possess valid documentation proving [reason why the denial was incorrect]. Copies of these documents are attached.”]
I believe the [seizure/penalty/denial] was made in error. I respectfully request that you reconsider your decision and [state what you want CBP to do, e.g., release the seized goods, waive the penalty, approve my entry].
Thank you for your time and consideration in this matter. I have attached copies of relevant documents to support my appeal. I am available to provide further information if needed.
Sincerely,
[Your Signature]
[Your Typed Name]
How to Write Letter To US Customs And Border Protection Appeal
Subject Line: Capturing Attention
- Begin with a subject line that is both succinct and illuminating. For instance: “Appeal of Seizure Notice [Seizure Number]” or “Protest Against Penalty Assessment [Penalty Number]”.
- Precision is paramount. A well-crafted subject line expedites the routing of your appeal to the appropriate adjudicator.
Salutation: Establishing Professionalism
- Address your letter to the “U.S. Customs and Border Protection” or, if known, to a specific officer or department involved in the matter.
- Use a formal salutation, such as “Dear U.S. Customs and Border Protection,” or “Dear Officer [Officer’s Last Name],”.
- Avoid overly familiar or casual greetings, as this correspondence necessitates a tone of decorum.
Introduction: Setting the Stage
- Immediately state the purpose of your letter. For example: “This letter constitutes a formal appeal of Seizure Notice # [Seizure Number] issued on [Date]”.
- Briefly encapsulate the core issue at hand. Provide context without delving into exhaustive detail at this juncture.
- Indicate your desired outcome. Are you seeking remission of penalties, return of seized property, or another form of redress?
Body Paragraphs: Articulating Your Case
- Present a cogent and chronological account of the events leading to the CBP’s action. Elucidate the circumstances surrounding the seizure, penalty, or other determination.
- Substantiate your claims with irrefutable evidence. Attach pertinent documentation such as invoices, bills of lading, purchase orders, or sworn affidavits.
- Address each point or contention raised by CBP in their initial notice. Offer countervailing arguments, and challenge any factual inaccuracies or misinterpretations.
- Adhere to a tone of respectful disagreement, avoiding accusatory or intemperate language.
Legal and Factual Arguments: Fortifying Your Position
- If applicable, cite relevant statutes, regulations, or case law that support your appeal. Consult legal counsel if you are uncertain about the applicable legal framework.
- Highlight any mitigating circumstances or extenuating factors that warrant leniency. Provide evidence of good faith efforts to comply with customs regulations.
- Articulate why CBP’s actions are erroneous, unjust, or disproportionate to the alleged infraction.
Conclusion: Requesting Specific Action
- Reiterate your desired outcome with clarity and precision. For instance: “Therefore, I respectfully request the remission of the penalty assessment and the return of the seized merchandise”.
- Mention your willingness to provide additional information or documentation if required.
- Express your appreciation for CBP’s consideration of your appeal.
Closing: Maintaining Professionalism
- Use a formal closing such as “Sincerely,” or “Respectfully,” followed by your full legal name and contact information.
- Ensure that your letter is devoid of grammatical errors and typographical mistakes. Proofread meticulously before submitting.
- Retain a copy of your appeal and all supporting documentation for your records.
Frequently Asked Questions: Appealing to US Customs and Border Protection
This section provides answers to common questions regarding appealing decisions made by U.S. Customs and Border Protection (CBP). Understanding the appeals process is crucial for importers and travelers seeking to challenge CBP determinations.
What types of CBP decisions can be appealed?
You can appeal decisions related to tariff classification, valuation, country of origin marking, seizures, penalties, and other CBP enforcement actions.
What is the deadline for filing an appeal?
The deadline for filing an appeal typically varies depending on the type of decision being appealed, but it’s often within 60 to 180 days of the decision date. Refer to the specific notice you received from CBP for the exact deadline.
Where should the appeal letter be sent?
The appeal letter should be sent to the address indicated on the CBP notice you received. If no address is provided, contact the CBP office that made the initial decision.
What information should be included in the appeal letter?
The appeal letter should clearly state the decision being appealed, the reasons for the appeal, any supporting documentation, and your contact information, including your CBP identification number, if applicable.
What happens after I submit my appeal letter?
CBP will review your appeal and supporting documentation. You may be contacted for additional information. A final decision will be issued in writing, which may uphold, modify, or reverse the original decision.