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Loren
Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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My LLC was involved with importing manufactured goods from

Customer Question

My LLC was involved with importing manufactured goods from China. The LLC was dissolved earlier this year, and it appears that US Customs may try to charge the LLC for anti-dumping duty charges. How do I keep the liability within the LLC, and protect my personal assets? Should I keep the LLC open or keep it disssolved?
Submitted: 5 years ago.
Category: Business Law
Expert:  Loren replied 5 years ago.
Hello,

Sorry to hear of your problem.

You should definately keep your LLC in good standing.

There was a recent case before the Court of International Trade in which a bonding company attempted to pierce the corporate veil as against the sole owner and manager of a corporation as a result of Customs demanding payment of the bond for anti-dumping duties.

The motion for summary judgement by the bonding company against the owner was denied and the court found that there was no intent by the owner to defraud the government. It illustrates the imprtance of maintaining corporate (or LLC) formality.

The link to that decision is http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-142.pdf.

I advise that you immediately seek advice from your local counsel to properly advise you on the steps you need to take to reinstate and maintain the LLC in good standing. This is extremely important at this stage, and for future transactions.

Good luck. I hope this works out ok for you.

If you have found this information helpful, please remember to click on ACCEPT.
Customer: replied 5 years ago.

Thanks for your time, but I have chose not to accept that information because google searches have resulted in the same findings. I will be consulting with an attorney, and I do appreciate your willingness to help.

 

Ben

Expert:  Loren replied 5 years ago.
I'm sorry you feel that way. But you really do need to get your LLC reinstated ASAP with this allegation against it.

Good luck. Hope it all works out for you.

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