Under the general direction of the Chief Counsel and the Deputy Chief Counsel, the incumbent serves as the principal legal advisor to CBP headquarters on all matters involving the Customs laws as they impact on trade. Additionally, the position serves as a subject matter expert on trade matters for the Associate and Assistant Chief Counsels in the field.
The incumbent provides overall policy guidance and assures a consistent legal position in all matters relating to handling the revocation/suspension or other disciplinary actions instituted by CBP against private entities licensed or authorized to engage in Customs or Customs-related business.
The incumbent develops and advocates the agency's legal position in all CBP cases in the U.S. Court of International Trade and the Court of Appeals for the Federal Circuit. The incumbent serves as the legal liaison with Department of Justice on all trade, tariff, and other non-enforcement Customs litigation.
The incumbent serves as the principal legal advisor to CBP and, when requested, DHS, on matters involving the entry of carriers or cargo-carrying conveyances; the entry of commercial merchandise; rules of origin, classification, appraisement and the liquidation/reliquidation of entries of merchandise; marking and the admissibility of merchandise; the assessment and collection of Customs duties, taxes, and user fees; the assessment of liquidated damages under Customs bonds; the refund of duties under drawback, section 1520 (c) petitions and other authorities; the handling of protests under 19 U.S.C. 1514; initiatives to improve the administration of other agency requirements such as antidumping and countervailing duty laws, food and drug laws, consumer product safety laws, quota administration, coastwise trade laws and actions taken pursuant to unfair trade laws; and the effect of the Customs laws on international agreements, as well as any legal action necessary for CBP to fully implement such agreements.
The incumbent serves as the principal legal advisor within the Office of Chief Counsel, CBP, on the preparation, review, and publication of Customs regulations pertaining to the foregoing matters. The incumbent assures that participation in the rulemaking process is provided as required by law. The incumbent also serves as the principal lawyer for CBP on matters involving federal procurement law, fiscal law and policy, debt collection, and tort liability. The incumbent is responsible for advising CBP management on the following matters: real and personal property acquisition and use; contract review; budget issues and the use of appropriated funds; debt collection, including collection of Customs duties, penalties and liquidated damages; Customs bonds; bankruptcy; environmental issues; and claims against CBP under the Federal Tort Claims Act, the Military Personnel and Civilian Employees Claims Act, and the Small Claims Act.
The incumbent manages and directs staff both at Headquarters and in the field. He/she supervises the Assistant Chief Counsel (International Trade Litigation) in New York and the Assistant Chief Counsel (Indianapolis) at CBP's National Finance Center in Indianapolis, Indiana. As a member of the agency's executive team, the incumbent will implement the President's Management Agenda within a specific area of responsibility.