Shipment Damages that Occur During U.S. Customs Inspections
 

     Customs and Border Protection (CBP) pays for damage to property when the damage was caused by the wrongful or negligent act of any employee while acting within the scope of his or her employment. However, the CBP acknowledges in its guidance that cargo is sometimes damaged during the normal course of inspection, in order to ensure that goods are not being smuggled in, and that various safety and other requirements for imported goods are being met. Damages will not be covered if this is the case.
    The determination as to who is responsible for the damage and whether it is eligible for a claims payment is solely within the discretion of the port direction, in consultation with CBP.

    This is the flaw, in our opinion, in the process at the moment.  There is no independent, objective entity to which a shipper can appeal for payments for damages during the inspection process.  However, there can be no chance to even apply for damage payments unless the following steps are completed.
 
Procedural Steps for Claim Submission: 
 
1.  Shipper must complete the Form entitled “Claim for Damage, Injury or  Death”.
     [Please Note that AIR 7 SEAS is not able to file a claim on your behalf.]
2.  Send the completed form, along with documentation to support the claim of a wrongful or negligent act on the part of a CBP employee to the Port Director where the damage took place.
3.  If you need contact or address information for a particular port, please use the following link - http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/.  This link will enable you to find the appropriate contact information for the port to which you must send the completed form.
4.  AIR 7 SEAS would like to request that we be copied on any communications with the CBP regarding your claim, so where possible, we may assist in your efforts.