An importer's estimated duties of $380.00 were due by ACH on a statement, but the payment was not transmitted on time. No other bond condition was breached. What liquidated damages may CBP claim under the basic importation bond?
19 CFR 113.62(n)(4) sets liquidated damages for a default on the condition to deposit estimated duties on time (113.62(a)(1)(i)) at two times the unpaid duties, taxes and charges, or $1,000, whichever is greater. A failed ACH transmission is a presumed default. Two times $380.00 is $760.00, so the $1,000.00 floor applies. $1,140.00 is three times, the restricted-merchandise measure for other defaults. Source: 19 CFR 113.62(a)(1)(i), (n)(4) (eCFR, as at 7 Oct 2026).
Stopping at two times the unpaid amount and missing the $1,000 floor.
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