CBP Civil Penalty – Form 5955A

Received CBP Form 5955A in Florida? How to Challenge Customs Penalty Demands

If you live or operate a business in Florida, or the greater Tampa Bay area and recieved a CBP Form 5955A (Notice of Penalty or Liquidated Damages Incurred and Demand for Payment), you are facing a formal administrative enforcement action brought by U.S. Customs and Border Protection (CBP).

Whether the notice was mailed directly from the Port of Tampa (Port Code 1801) or issued by the Miami Fines, Penalties, and Forfeitures (FP&F) Office (Port Code 5201) following an air-cargo or express-consignment interception at a regional hub, the demand is legally binding.

The government frequently assesses civil penalties reaching into the tens or hundreds of thousands of dollars—demanding payment under strict, non-negotiable administrative deadlines.

Failing to respond promptly does not make the demand go away. It triggers immediate referral to federal debt-collection programs, credit destruction, continuous border targeting, and potential civil litigation by the Department of Justice.

Attorney to Challenge CBP’s Form 5955A Penalty Demand

If you or your business received a CBP Form 5955A penalty demand from the Port of Tampa, the Port of Miami, or any international port of entry, contact the defense attorneys at Sammis Law Firm.

Our attorneys represent individuals and businesses in Tampa, Hillsborough County, and throughout Florida in federal administrative enforcement matters, civil asset forfeitures, and customs penalty mitigation.

An administrative penalty demand is not an unchallengeable court judgment. CBP officers frequently make procedural, factual, and valuation errors when drafting these notices.

An experienced customs defense attorney at Sammis Law Firm can challenge Form 5955A through several formal avenues. First, we can determine whether the penalty can be dismissed entirely.

Online dropshippers or foreign vendors sometimes ship unauthorized goods to innocent addresses or misuse personal consumer details. If you did not intentionally direct, finance, or aid and abet the importation, you are not legally liable under 19 U.S.C. § 1526(f).

Many buyers order generic, unbranded fashion accessories or parts, only for an overseas seller to unilaterally substitute trademark-infringing goods. Demonstrating lack of knowledge or intent supports complete remission.

CBP frequently errs in linking past administrative records to current importers. Disproving a prior violation cuts statutory liability in half immediately.

Our attorneys can verify whether the seized items actually met the legal standard for a counterfeit under 19 U.S.C. § 1526(e) or if CBP overreached on unprotectable aesthetic functional designs.

If you need help disputing an administrative penalty demand from CBP using Form 5955A, then contact an experienced attorney at Sammis Law Firm. Our attorneys are experienced fighting federal agencies alleging violations of federal law.

Our main office is located at 1005 N. Marion Street, Tampa, FL 33602.

Call 813-250-0500.

Filing a Petition for Administrative Relief (19 U.S.C. § 1618)

If technical liability exists, counsel prepares a comprehensive Petition for Relief and submits it directly to the designated FP&F Officer (or through the CBP e-Allegations / e-Petitions portal).

For instance, CBP port personnel frequently calculate MSRP using high-end, diamond-encrusted, or limited-edition reference models instead of base retail versions. Counsel can audit CBP’s valuation sheets and demand an adjustment to lower the baseline figure from which any penalty is derived.

Under published CBP Mitigation Guidelines, attorneys present clear, documented mitigating factors to drastically reduce the assessment:

Lack of Commercial Experience: Distinguishing individual consumers and small local businesses from organized commercial counterfeit syndicates.
Full Cooperation with CBP: Providing overseas vendor records, invoices, and payment logs to help federal authorities identify foreign manufacturers.
Remedial Measures: Documenting the termination of relationships with non-compliant suppliers and establishing customs compliance protocols.
Inability to Pay / Financial Hardship: Submitting authenticated tax records and financial statements to show that enforcing a massive civil fine would cause insolvency. Under CBP guidelines, proven financial hardship regularly results in downward departures to nominal settlement figures.

Forcing Judicial Review in Federal Court

Unlike asset forfeitures, CBP cannot enter an enforceable money judgment on its own. If the FP&F Officer refuses to grant fair mitigation, the client is not required to accept the administrative decision.

Counsel can reject unreasonable administrative terms and force the government to either abandon the claim or refer the matter to an Assistant United States Attorney (AUSA) to file a civil lawsuit under 28 U.S.C. § 1355 in federal district court.

Because an action to recover a civil fine under § 1526(f) is a statutory monetary penalty, the defendant holds a Seventh Amendment right to a trial by jury, requiring the government to prove every element of its case de novo before a local jury.

What to Do If You Receive Form 5955A

Do not ignore the letter: Keep the envelope, note the date of delivery, and immediately calculate your 60-day deadline.

Do not contact the FP&F officer without legal counsel: Unscripted statements, informal emails, or casual admissions to customs officers can be treated as binding admissions of liability, eliminating potential defenses.

Preserve all documentation: Save all order confirmations, marketplace receipts, payment records, bank statements, tracking numbers, and correspondence with the overseas seller.

Consult with a customs defense attorney: Retaining counsel early ensures an immediate extension of time if necessary, stops automated Treasury debt referrals, and positions your case for maximum mitigation or outright cancellation.

What Is CBP Form 5955A?

CBP Form 5955A is a formal monetary assessment issued under federal customs laws—most commonly 19 U.S.C. § 1618, 19 U.S.C. § 1623, and 19 U.S.C. § 1526(f).

The form is typically triggered when customs officers seize international mail, express courier packages (DHL, FedEx, UPS), or freight shipments consigned to your address. Common violations cited on Form 5955A include:

Intellectual Property Rights (IPR) Violations (19 U.S.C. § 1526(e) & (f); 19 C.F.R. § 133.27): Importing goods bearing registered trademarks or copyrights without authorization (e.g., designer handbags, watches, branded jewelry, luxury apparel, consumer electronics, or automotive parts).
Failure to Declare or False Statements (19 U.S.C. § 1497 / 19 U.S.C. § 1592): Inaccurately reporting cargo value, country of origin, or tariff classifications to evade duties.
Prohibited or Regulated Agricultural / Biological Products: Unlawful importation of agricultural products, animal derivatives, or unapproved pharmaceuticals under FDA or USDA regulations.
Breach of Customs Bond: Unfulfilled regulatory conditions on imported commercial merchandise.

Understanding the Statutory Penalty Calculation

For alleged counterfeit merchandise under 19 U.S.C. § 1526(f), the penalty is not tied to what you paid an overseas vendor. Instead, it is calculated based on what the goods would have been worth if genuine, according to the Manufacturer’s Suggested Retail Price (MSRP):

First Violation: CBP may assess a penalty up to 100% of the genuine MSRP.
Subsequent Violations: If CBP records indicate a prior seizure or warning associated with your name, address, or business entity, the penalty may double to up to twice the genuine MSRP.

A package of replica jewelry or accessories that cost a few hundred dollars overseas can result in an administrative penalty demand exceeding $200,000 or $400,000.

The 60-Day Clock: Why You Must Act Immediately

CBP Form 5955A carries a rigid deadline: you have exactly 60 calendar days from the date printed on the notice to pay the demanded sum or file a formal Petition for Relief under 19 U.S.C. § 1618 and 19 C.F.R. Part 171.

Taking a “wait-and-see” approach or simply refusing to open subsequent mail leads to severe administrative and financial consequences:

Automatic Forfeiture of Mitigation Rights:
- Once 60 days pass without a petition, CBP closes the administrative record and deems the full statutory maximum unmitigated, final, and delinquent.
Treasury Offset Program (TOP) Interceptions:
- Under the Debt Collection Improvement Act (31 U.S.C. § 3716), CBP certifies the unpaid penalty to the U.S. Department of the Treasury. Treasury will intercept 100% of your federal tax refunds and offset other eligible federal payments.
Private Collection Agencies and 30% Surcharges:
- The debt is transferred to aggressive federal debt collection agencies, which report the delinquency to consumer and commercial credit reporting bureaus and add federal collection surcharges of up to 28% to 30% to the balance.
Permanent TECS and ATS Border Blacklisting:
- Your name, address, Social Security Number, and corporate identifiers are permanently entered into the Treasury Enforcement Communications System (TECS) and Automated Targeting System (ATS).
- Any future international mail or cargo addressed to you will face mandatory holds and physical tear-downs. Furthermore, you will face automatic referrals to Secondary Inspection at U.S. airports, and your Global Entry or TSA PreCheck privileges will be revoked.
Referral to the Department of Justice:
- CBP refers delinquent penalty demands to the U.S. Attorney’s Office to initiate a civil lawsuit in U.S. District Court (such as the Middle District of Florida in Tampa) to secure a federal money judgment, wage garnishments, and asset liens.
Brand-Owner Lawsuits:
- Under 19 U.S.C. § 1526(e), CBP notifies trademark owners (such as Cartier, Rolex, Louis Vuitton, or Apple) of counterfeit seizures. Ignoring customs notices often leads brand protection law firms to file private civil counterfeiting lawsuits under 15 U.S.C. § 1117, exposing you to statutory damages of up to $2,000,000 per infringed mark.

Read more about how our law firm and attorneys fight CBP seizure and forfeiture during:

This article was last updated on Thursday, June 4, 2026.