It may be pointed out to customhouse brokers that their assumption of the responsibility of importer of record was entirely voluntary. By filing the entry as importer of record, the customhouse broker assumes all obligations under the bond. In evaluating a bond action case, it should be remembered that the bond penalty is intended to make the unauthorized distribution of articles unprofitable. Very often penalties are so small that such penalties, in effect, encourage the illegal distribution of future imported lots. In the absence of any aggravating factor, the following mitigating factors may be utilized in determining if mitigation is warranted.
Districts do have enforcement discretion to consider mitigation under other circumstances.
The importer is able to supply documentation that the specific merchandise detained was, indeed, exported. 2.A shipment being held pending FDA clearance is stolen or damaged or destroyed in an accident. FDA personnel should obtain written documentation of the theft or accident from the importer before considering recommending mitigation. Districts are reminded that the enforcement discretion available to you may be utilized when determining whether or not to mitigate bond penalties based on other factors the district deems pertinent. In addition, there are some aggravating factors which would generally preclude any mitigation.