Administrative Monetary Penalty System
C288

Contravention

Person failed to account for imported goods within five business days of their release for goods that have an estimated value for duty exceeding $2,500.

This is in the instance of an individual transaction.

Penalty

Occurrence Penalty
Flat rate $100
Penalty basis
Per B3
Retention period
12 months

Guidelines

Non-compliance occurs when importer fails to present the final accounting documentation and have it accepted by the custom system within the prescribed time limit of the 5th day after the goods have been released.

Applied against the importer.

Customs Commercial System (CCS) will automatically generate a $100 late accounting penalty for each overdue B3 that is valued greater than $2,500.

In non-automated ports, the officer would manually issue this penalty on a K23 for $100 for each overdue B3.

The officer is not to issue a Notice of Penalty Assessment (NPA) in ICS when this non-compliance is discovered.

The five day delay begins on the next business day following the day of release; the day of release is counted as day 0. When goods are released on a Saturday, Sunday, or holiday, the accounting period starts on the first business day after release.

Where circumstances beyond a client's control (CBSA error or delay, natural or human made disaster, system failure, etc.) causes this late accounting penalty, the client can request for a waiver or cancellation under section 3.3 of the Customs Act by using Form E571, to the releasing office or to HQ (Brokers Licensing).

Requests for waiver or cancellation will not be approved in cases where the late accounting resulted from neglect or lack of awareness on the part of the importer or broker.

For failure to account within prescribed time frames for imported goods valued at $2,500 or less, see C292.

References

Legislation

Customs Act, subsection 32(3)

D-Memo

D17-1-5, Registration, Accounting and Payment for Commercial Goods

Other

Accounting for Imported Goods and Payment of Duties Regulations

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