U.S. Customs & Border Protection 3
PREFACE
On December 8, 1993, Title VI of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs
Modernization or “Mod” Act, became effective. These provisions amended many
sections of the Tariff Act of 1930 and related laws.
Two new concepts that emerged from the Mod Act are “informed compliance” and
“shared responsibility,” which are premised on the idea that in order to maximize
voluntary compliance with laws and regulations of CBP, the trade community needs to
be clearly and completely informed of its legal obligations. Accordingly, the Mod Act
imposes a greater obligation on CBP to provide the public with improved information
concerning the trade community's rights and responsibilities under CBP regulations and
related laws. In addition, both the trade and CBP share responsibility for carrying out
these requirements. For example, under Section 484 of the Tariff Act, as amended (19
U.S.C. § 1484), the importer of record is responsible for using reasonable care to enter,
classify and determine the value of imported merchandise and to provide any other
information necessary to enable CBP to properly assess duties, collect accurate
statistics, and determine whether other applicable legal requirements, if any, have been
met. CBP is then responsible for fixing the final classification and value of the
merchandise. An importer of record’s failure to exercise reasonable care could delay
release of the merchandise and, in some cases, could result in the imposition of
penalties or, in certain instances, referral for criminal enforcement.
The Office of Trade, Regulations and Rulings (RR) has been given a major role in
meeting the informed compliance responsibilities of CBP. In order to provide information
to the public, CBP has issued a series of informed compliance publications, on new or
revised requirements, regulations or procedures, and a variety of classification and
valuation issues.
This publication, prepared by the Border Security and Trade Compliance Division, RR,
is entitled Reasonable Care. It provides guidance on the use of reasonable care in
entering merchandise. It is part of a series of informed compliance publications advising
the public of CBP regulations and procedures. We sincerely hope that this material,
together with seminars and increased access to rulings of CBP, will help the trade
community to improve voluntary compliance with customs laws and to understand the
relevant administrative processes.
The material in this publication is provided for general information purposes only.
Because many complicated factors can be involved in customs issues, an importer may
wish to obtain a ruling under the CBP Regulations, 19 C.F.R. Part 177, or to obtain
advice from an expert who specializes in customs matters, for example, a licensed
customs broker, attorney or a customs consultant.