Compliance Program
Due diligence requirements for importers necessitate the use of all available information to confirm that goods comply with trade regulations. When facing a fine for misclassification or incorrect valuation, an apparel company may present a reasonable care defense. This legal position argues that the importer took every logical step to verify the accuracy of their customs entry despite an error occurring.
A Defense
Written procedures and regular staff training constitute the foundation of this strategy. The company must show that it has a system for reviewing the country of origin and the fiber content of every shipment.
Authorities Evaluate
Inspectors check whether the actions taken were consistent with what a prudent person would do in the same circumstances. Simply relying on the claims made by a foreign supplier is rarely enough to satisfy this requirement. Importers must proactively seek out the correct information and document their decision making process.
Success Mitigation
Success in this defense can lead to the cancellation of administrative penalties. It demonstrates to the government that the company is a low risk trader that takes its legal responsibilities seriously. Reasonable care defense is a vital component of any international trade compliance strategy.