I am seeking a U.S. attorney experienced in customs law, FDA-regulated products, international logistics, and commercial disputes.
Below is a summary of the situation requiring legal analysis and representation.
My U.S.-based company sells FDA-cleared medical devices domestically (Class II, 510k).
We do not import these devices ourselves; we purchase them within the United States and resell them to domestic and foreign customers.
A freight forwarder was contracted to deliver a shipment to a customer in South America using DDP terms with full Importer of Record (IOR) services.
The forwarder was responsible for:
• U.S. export filing
• foreign import clearance and duties
• acting as IOR abroad
• final delivery
• and return logistics in case delivery failed
1. Delivery Failure
The forwarder failed to complete delivery abroad due to local customs issues.
Under DDP terms, this falls entirely within their responsibility.
2. Failed Return to the United States
The forwarder attempted to return the shipment to the U.S., but the cargo was placed into bonded warehouse status.
Their broker claimed the shipment could not enter the U.S. due to missing FDA import documentation.
However:
• My company did not act as Importer of Record
• We did not file or authorize any CBP or FDA entries
• We did not participate in the export or attempted re-import
• We are a domestic reseller, not an importer
The forwarder is now attempting to shift responsibility for the bonded status and associated costs onto us.
Based on consultation with a separate customs broker, there is a significant possibility that the forwarder:
• incorrectly filed (or failed to file) the export declaration (EEI/AES)
• misclassified the goods
• or used wrong FDA or CBP entry codes during re-import
which would explain why the shipment was rejected at the U.S. border.
We have requested all export/import filings from the forwarder; these documents have not yet been provided.
3. Damages
The shipment has been stuck for several months, resulting in:
• loss of customers
• loss of product value
• reputational and commercial damage
• total financial impact approx. $20,000+
We seek compensation or return of the shipment at the forwarder’s expense.
What We Need From an Attorney
We are looking for legal assistance with the following:
1. Assessment of liability under DDP + IOR terms
2. Determining responsibility for bonded warehouse fees and return/destruction
3. Clarifying whether our company bears any obligation to provide import records
(we believe it does not, since we were not the importer)
4. Evaluating whether export or re-import filing errors create full liability on the forwarder
5. Preparing a formal demand letter and negotiating resolution
6. If needed, filing a claim in the appropriate U.S. jurisdiction (Florida)
This is a straightforward case of a freight forwarder failing to perform contractual obligations and attempting to shift regulatory responsibility onto a domestic seller who was not involved in import/export filings.
If you have experience with CBP, FDA, DDP/IOR logistics, bonded warehouse disputes, or international freight claims, please contact me.