According to Attorney Mr.Xinyu Lee in SSPO (Stein Shostak Shostak Pollack&O’Hara, LLP) Shanghai branch that are specialized in U.S. Customs laws, U.S. Customs and Border Protection’s Office of International Trade has developed a new online trade violation reporting system called eAllegations to provide concerned members of the public a means to confidentially report suspected trade violations to CBP.
Beginning June 17, members of the public may report information regarding suspected violations via a new online form on the CBP Website. eAllegations is not intended for assertions of security issues such as terrorists or weapons of mass destruction. Violations that may be reported online through eAllegations include misclassification of merchandise country of origin markings, health and safety violations, intellectual property rights violations textile or to the trade violations. For examples, eAllegations will provide a means to report a possible violator who is importing substandard steel, claiming that it is of a higher grade, therefore creating a potential safety issue. Other possible violations that can be reported include a company claiming a lower than actual value on a product they are importing to pay less duty or a company who is importing textiles from one country but stating that the goods are from another country to avoid quota restrictions.
U.S. Customs said that members of the public may remain anonymous when submit an eAllegation. It will have a system-generated eAllegation number and an address to which members mail any documentation. But in most cases, Privacy Act and Trade Secrets Act laws prevent CBP from disclosing the results of any research conducted as the result of an eAllegation.
According to different opinion of Attorney Bruce Shulman in SSPO (Stein Shostak Shostak Pollack&O’Hara, LLP) Washington branch, first, because of the shortcomings of network technology, it is possible have a serious leak problem through internet reporting and U.S. Customs can not ensure the safety of informant. Second, U.S. law prescribe members of the public can get prize money under certain circumstances, but eAllegation system did not mention. Attorney Shulman suggested that it is better for people remain anonymous negotiate U.S. Customs service through lawyers.
Attorney Mr.Xinyu Lee indicated that the new system of U.S. Customs should pay attention by domestic export enterprises. Except of serious criminal acts, the eAllegation system accepts report information regarding suspected violations such as evade tariffs, false declaration and illegal re-export. Some of the exporters not mind the new system, but the situation will be changed in future. On the other hand, eAllegation eliminate the post fees, telephone charge and traveling block; then it is convenient for foreigner members of the public reporting. For example, the clerk fired by company or carrier cargo logistics company’s employees may report use eAllegation system. However, the U.S. Customs according to report and check one box of goods will let owner bears a heavy economic burden. Therefore, it is very important to be an operator to abide by the law.
