Businesses and individuals rely on shipping companies to obtain goods and products from other locations. A variety of logistical headaches have followed the implementation of tariffs and other adjustments to international shipping practices.
Recently, there have been reports of major carriers, such as UPS, notifying recipients waiting for packages of the destruction of their shipments because they did not pass customs in a timely manner. The sudden destruction of a shipment could lead to the loss of items with sentimental value that are impossible to replace. Businesses and individuals could also find themselves at risk of losing tens of thousands of dollars that they invested in goods or materials.
How can those dealing with destroyed shipments address the loss of those goods?
Each case requires careful review
Technically, recommendations from domestic authorities are the reason for the destruction of packages that do not pass customs inspections. However, it has been individual companies, rather than the government, destroying inbound shipments of goods and raw materials.
Factors, including the contract with the seller and whether the shipment had insurance on it, could influence the rights of the buyer or recipient after the destruction of the package. In some cases, the party selling or sending the goods may be responsible for failing to fill out appropriate paperwork and arranging to pay tariffs. Other times, the shipping company may have to honor an insurance policy and reimburse a recipient for the value of a package that they did not receive.
Reviewing communications with shippers, sellers and other parties with a skilled legal team can help frustrated recipients who have not received their packages understand what options they have. International trade litigation may sometimes be necessary to hold parties outside of the United States responsible for failing to conform to the law and causing significant business losses.