Perseverance
It does not feel good when a logistics director, compliance manager or a C-level corporate officer reviews a Customs reject. There was always the thought that the arguments presented to the Trade Compliance Verification unit of Customs were solid and also justified the request for refund or was able to substantiate the Customs declaration that was made.
However, Customs does have the ability to review and disagree with arguments presented by responding and justifying their decision with arguments and precedent cases of their own.
Does the case stop there? I would venture to advise that it should not.
Most aspects of compliance are subjective and based on interpretation of administrative policy, regulations and most importantly law/legal precedent. If a claimant/importer feels that the decision rendered by Customs is not in-line with their justification, then an appeal can be initiated. There are also instances where a decision does not commit a claimant to an appeal and the claimant may have the ability to resubmit the claim to Customs as long as legislative timelines permit.
After reviewing the decision issued by Customs and ensuring that there is a viable case contrary to the decision rendered as well as the financial justification of continuing to pursue the claim, I would strongly suggest to continue with a refiling or an appeal, whichever course of action aligns with the particular case.
Perseverance is something that could get aggravating yet could result in a positive outcome should the opportunity to take the next steps be initiated.
This past week, my daughter received a very intricate baking set. It came with all sorts of pans, decorating equipment, instructions, utensils, etc. She was very excited as she has taken baking very seriously. She set out to make a "Doll Cake". This is a cake that looks like a gown and holds an actual doll with fondant (see picture).
As the cake preparations were underway, the kitchen became a DO NOT ENTER zone and my daughter pulled out all the bells and whistles. She baked three different cakes in three different size pans. Once baked, she shaped the cakes and layered them with icing. Then, as the cake took shape of the gown, she cut an opening to hold the doll. Lastly, she used cake icing to cover the cake and have the gown glow in the color she chose.
But my daughter was very disappointed. The end result of the gown was not what she expected. After all that hard work, she was pretty devastated to see that her "Doll Cake" was a blob of cake and icing.
But she persevered!!!
She brought out the fondant and sprinkles and again layered icing on the cake. She then used one of her special baking tools to create stars and added those to the gown. Then she made the gown sparkle with colored sprinkles.
And the result was fabulous. My daughter's perseverance and the desire to try again worked! The cake looked great and when we served it for dessert, it tasted great as well.
On a Customs file, do not give up when the initial outcome is negative. There may be just a couple of adjustments to the filing that Customs is looking for in order to enable them to approve the claim.
My daughter persevered and the results were amazing!
Comments
Post a Comment