Customs Appeals

Internal Administrative Appeals (DA 51) refer to a specific appeals process within the United States Customs and Border Protection (CBP) agency. This process is available to companies or individuals who disagree with a decision made by CBP related to import or export activities.

The DA 51 process allows companies or individuals to challenge decisions made by CBP regarding issues such as tariff classification, value, origin, and eligibility for trade agreements or other preferential treatment. The process involves submitting a formal written request for a review of the decision to the appropriate CBP office, along with supporting documentation and arguments.

The CBP will then conduct an internal review of the decision and issue a final determination. If the company or individual is still dissatisfied with the outcome, they may have the option to pursue further legal remedies, such as filing a lawsuit or pursuing an appeal through an independent tribunal.

The DA 51 process can be a complex and time-consuming process, and companies or individuals may benefit from the assistance of D. Liebenberg Consulting to manoeuvre through the appropriate rules and procedures. However, the process can provide an important means of seeking recourse in situations where a company or individual believes that they have been unfairly treated or penalized by CBP.

Alternative Dispute Resolution (DA 52) is a process that allows companies or individuals to resolve disputes related to international trade outside of traditional legal channels, such as court systems. This process involves the use of a neutral third party, such as D. Liebenberg Consulting, to facilitate discussions and negotiations between the parties involved in the dispute, with the goal of reaching a mutually acceptable solution.

Alternative Dispute Resolution can be used to resolve a variety of trade-related disputes, such as disagreements over the interpretation of trade agreements or regulations, disputes over contract terms, or conflicts between importers and exporters related to the quality or condition of goods.

The DA 52 process typically involves the parties agreeing to participate in the alternative dispute resolution process, selecting a neutral third party, such as D. Liebenberg Consulting, to facilitate the discussions, and engaging in discussions and negotiations to try to reach a resolution. The process may involve mediation, where the third party acts as a mediator between the parties, or arbitration, where the third party makes a binding decision based on the arguments and evidence presented.

Alternative Dispute Resolution can be a faster and more cost-effective means of resolving disputes compared to traditional legal channels, and can also allow the parties to maintain a working relationship despite the dispute. However, it is important to note that the outcome of the process is not guaranteed, and in some cases, it may be necessary to pursue legal remedies if the parties are unable to reach a mutually acceptable solution through the DA 52 process.

Section 96 Appeals refer to a specific appeals process available to Canadian companies or individuals who disagree with a decision made by the Canada Border Services Agency (CBSA) related to import or export activities.

The CBSA is responsible for administering Canadian customs laws and regulations, including determining the tariff classification, origin, and value of imported goods, as well as enforcing trade agreements and regulations.
If a company or individual disagrees with a decision made by the CBSA, they may file a Section 96 appeal. This process involves submitting a formal written request for a review of the decision to the CBSA within 90 days of the initial decision, along with supporting documentation and arguments.

The CBSA will then conduct an internal review of the decision and issue a final determination. If the company or individual is still dissatisfied with the outcome, they may have the option to pursue further legal remedies, such as filing a lawsuit or pursuing an appeal through an independent tribunal.

The Section 96 appeals process may be difficult and lengthy, and individuals or companies could gain an advantage by seeking help from D. Liebenberg Consulting to understand the relevant rules and procedures. Nevertheless, this process offers an essential way for them to seek redress in circumstances where they feel unfairly penalized or treated by the CBSA.