Ford Motor Co. dodged a $41.9 million bullet in December when U.S. Customs dropped its effort to collect a NAFTA recordkeeping penalty, but it’s too soon for importers to breathe a collective sigh of relief: The government won’t say why it dropped the penalty claim, and it remains unclear what NAFTA records it will demand when it takes aim at the next importer.
“It’s gratifying that Customs dropped the case, but it does leave the NAFTA importer up in the air,” says Lawrence Friedman, a partner with the law firm of Barnes, Richardson & Colburn, which specializes in trade law. “I know that some companies are reviewing their processes and reaching out to suppliers. I know that other people are taking comfort in the fact that Customs didn’t pursue the case any further.”
