An importer fails to redeliver to CBP custody, on demand, a shipment of hand tools valued at $42,000 under 19 U.S.C. 1401a. The tools are not restricted or prohibited. What liquidated damages may CBP claim under the basic importation bond?
Under 19 CFR 113.62(n)(1), a default on the redelivery condition makes the obligors liable for liquidated damages equal to the value of the merchandise involved, or three times the value if it is restricted or prohibited merchandise or alcoholic beverages. Ordinary hand tools give $42,000. $126,000 would apply only to restricted goods; $1,000 is the per-default amount when no merchandise is involved (113.62(n)(3)). Source: 19 CFR 113.62(d), (n)(1) (eCFR, as at 7 Oct 2026).
Applying the three-times measure to unrestricted goods.
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