[Title 19 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 19
Customs Duties
________________________
Parts 141 to 199
Revised as of April 1, 2019
Containing a codification of documents of general
applicability and future effect
As of April 1, 2019
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 19:
Chapter I--U.S. Customs and Border Protection,
Department of Homeland Security; Department of the
Treasury (Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 759
Alphabetical List of Agencies Appearing in the CFR...... 779
Chapter I Subject Index................................. 789
List of CFR Sections Affected........................... 907
[[Page iv]]
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Cite this Code: CFR
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this volume use title,
part and section number.
Thus, 19 CFR 141.0 refers
to title 19, part 141,
section 0.
----------------------------
[[Page v]]
EXPLANATION
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Each volume of the Code is revised at least once each calendar year
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[[Page vi]]
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[[Page vii]]
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Director,
Office of the Federal Register
April 1, 2019.
[[Page ix]]
THIS TITLE
Title 19--Customs Duties is composed of three volumes. The first two
volumes, parts 0--140 and parts 141--199 contain the regulations in
Chapter I--U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury. The third volume, part 200 to end,
contains the regulations in Chapter II--United States International
Trade Commission; Chapter III--International Trade Administration,
Department of Commerce; and Chapter IV--U.S. Immigration and Customs
Enforcement, Department of Homeland Security. The contents of these
volumes represent all current regulations issued under this title of the
CFR as of April 1, 2019.
A Subject Index to Chapter I--U.S. Customs and Border Protection,
Department of Homeland Security; Department of the Treasury appears in
the Finding Aids section of the first two volumes.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 19--CUSTOMS DUTIES
(This book contains parts 141 to 199)
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Part
chapter i--U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury (Continued). 141
[[Page 3]]
CHAPTER I--U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND
SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear by T.D. 95-
78, 60 FR 50021, Sept. 27, 1995, and by CBP Dec. 07-82, 72 FR 59167,
Oct. 19, 2007.
Part Page
141 Entry of merchandise........................ 5
142 Entry process............................... 46
143 Special entry procedures.................... 62
144 Warehouse and rewarehouse entries and
withdrawals............................. 73
145 Mail importations........................... 86
146 Foreign trade zones......................... 98
147 Trade fairs................................. 135
148 Personal declarations and exemptions........ 140
149 Importer Security Filing.................... 175
151 Examination, sampling, and testing of
merchandise............................. 179
152 Classification and appraisement of
merchandise............................. 211
158 Relief from duties on merchandise lost,
damaged, abandoned, or exported......... 229
159 Liquidation of duties....................... 236
161 General enforcement provisions.............. 253
162 Inspection, search, and seizure............. 255
163 Recordkeeping............................... 282
165 Investigation of claims of evasion of
antidumping and countervailing duties... 303
171 Fines, penalties, and forfeitures........... 316
172 Claims for liquidated damages; penalties
secured by bonds........................ 344
173 Administrative review in general............ 348
174 Protests.................................... 350
175 Petitions by domestic interested parties.... 359
176 Proceedings in the Court of International
Trade................................... 362
177 Administrative rulings...................... 364
[[Page 4]]
178 Approval of information collection
requirements............................ 382
181 North American Free Trade Agreement......... 386
190 Modernized drawback......................... 520
191 Drawback.................................... 634
192 Export control.............................. 748
193-199
[Reserved]
[[Page 5]]
PART 141_ENTRY OF MERCHANDISE--Table of Contents
Sec.
141.0 Scope.
141.0a Definitions.
Subpart A_Liability for Duties and Requirement To Enter Merchandise
141.1 Liability of importer for duties.
141.2 Liability for duties on reimportation.
141.3 Liability for duties includes liability for taxes.
141.4 Entry required.
141.5 Time limit for entry.
Subpart B_Right To Make Entry and Declarations on Entry
141.11 Evidence of right to make entry for importations by common
carrier.
141.12 Right to make entry of importations by other than common carrier.
141.13 Right to make entry of abandoned or salvaged merchandise.
141.14 Deceased or insolvent consignees and court-appointed
administrators.
141.15 Bond for production of bill of lading or air waybill.
141.16 Disposition of documents.
141.17 Entry by nonresident consignee.
141.18 Entry by nonresident corporation.
141.19 Declaration of entry.
141.20 Actual owner's declaration and superseding bond of actual owner.
Subpart C_Powers of Attorney
141.31 General requirements and definitions.
141.32 Form for power of attorney.
141.33 Alternative form for noncommercial shipment.
141.34 Duration of power of attorney.
141.35 Revocation of power of attorney.
141.36 Nonresident principals in general.
141.37 Additional requirements for non-resident corporations.
141.38 Resident corporations.
141.39 Partnerships.
141.40 Trusteeships.
141.41 Surety on Customs bonds.
141.42 Protests.
141.43 Delegation to subagents.
141.44 Designation of Center and Customs ports in which power of
attorney is valid.
141.45 Certified copies of power of attorney.
141.46 Power of attorney retained by customhouse broker.
Subpart D_Quantity of Merchandise To Be Included In an Entry
141.51 Quantity usually required to be in one entry.
141.52 Separate entries for different portions.
141.53 Procedure for separate entries.
141.54 Separate entries for consolidated shipments.
141.55 Single entry summary for shipments arriving under one
transportation entry.
141.56 Single entry summary for multiple transportation entries
consigned to the same consignee.
141.57 Single entry for split shipments.
141.58 Single entry for separately arriving portions of unassembled or
disassembled entities.
Subpart E_Presentation of Entry Papers
141.61 Completion of entry and entry summary documentation.
141.62 Place and time of filing.
141.63 Submission of entry summary documentation for preliminary review.
141.64 Review and correction of entry and entry summary documentation.
141.65 [Reserved]
141.66 Bond for missing documentation.
141.67 Recall of documentation.
141.68 Time of entry.
141.69 Applicable rates of duty.
Subpart F_Invoices
141.81 Invoice for each shipment.
141.82 Invoice for installment shipments arriving within a period of 10
days.
141.83 Type of invoice required.
141.84 Photocopies of invoice for separate entries of same shipment.
141.85 Pro forma invoice.
141.86 Contents of invoices and general requirements.
141.87 Breakdown on component materials.
141.88 Computed value.
141.89 Additional information for certain classes of merchandise.
141.90 Notation of tariff classification and value on invoice.
141.91 Entry without required invoice.
141.92 Waiver of invoice requirements.
Subpart G_Deposit of Estimated Duties
141.101 Time of deposit.
141.102 When deposit of estimated duties, estimated taxes, or both not
required.
141.103 Amount to be deposited.
141.104 Computation of duties.
141.105 Voluntary deposit of additional duties.
Subpart H_Release of Merchandise
141.111 Carrier's release order.
141.112 Liens for freight, charges, or contribution in general average.
141.113 Recall of merchandise released from Customs and Border
Protection custody.
Authority: 19 U.S.C. 66, 1448, 1484, 1498, 1624.
[[Page 6]]
Subpart F also issued under 19 U.S.C. 1481;
Subpart G also issued under 19 U.S.C. 1505;
Section 141.1 also issued under 11 U.S.C. 507(a)(7)(F), 31 U.S.C.
191, 192;
Section 141.4 also issued under 19 U.S.C. 1202 (General Note 3(e);
Chapter 86, Additional U.S. Note 1; Chapter 89, Additional U.S. Note 1;
Chapter 98, Subchapter III, U.S. Notes 3 and 4; Harmonized Tariff
Schedule of the United States), 1498;
Section 141.19 also issued under 19 U.S.C. 1485, 1486;
Section 141.20 also issued under 19 U.S.C. 1485, 1623;
Section 141.66 also issued under 19 U.S.C. 1490, 1623;
Section 141.68 also issued under 19 U.S.C. 1315;
Section 141.69 also issued under 19 U.S.C. 1315;
Section 141.88 also issued under 19 U.S.C. 1401a(d), 1402(f);
Section 141.90 also issued under 19 U.S.C. 1487;
Section 141.112 also issued under 19 U.S.C. 1564;
Section 141.113 also issued under 19 U.S.C. 1499, 1623.
Source: T.D. 73-175, 38 FR 17447, July 2, 1973, unless otherwise
noted.
Editorial Note: Nomenclature changes to part 141 appear by CBP Dec.
No. 16-26, 81 FR 93019, Dec. 20, 2016.
Sec. 141.0 Scope.
This part sets forth general requirements and procedures for the
entry of imported merchandise, except entries under carnet, and entries
for transportation in bond or exportation, for foreign-trade zones, or
for trade fairs, which are covered in parts 114, 18, 146, and 147 of
this chapter. More specific requirements and procedures in addition to
those in this part are set forth in parts 143, 144, and 145 of this
chapter for consumption, appraisement and informal entries, for
warehouse entries, and for mail entries.
Sec. 141.0a Definitions.
Unless the context requires otherwise or a different definition is
prescribed, the following terms will have the meanings indicated when
used in connection with the entry of merchandise:
(a) Entry. ``Entry'' means that documentation or data required by
Sec. 142.3 of this chapter to be filed with the appropriate CBP officer
or submitted electronically to the Automated Commercial Environment
(ACE) or any other CBP-authorized electronic data interchange system to
secure the release of imported merchandise from CBP custody, or the act
of filing that documentation. ``Entry'' also means that documentation or
data required by Sec. 181.53 of this chapter to be filed with CBP to
withdraw merchandise from a duty-deferral program in the United States
for exportation to Canada or Mexico or for entry into a duty-deferral
program in Canada or Mexico.
(b) Entry summary. ``Entry summary'' means any other documentation
or electronic submission of data necessary to enable CBP to assess
duties, and collect statistics on imported merchandise, and determine
whether other requirements of law or regulation are met.
(c) Submission. ``Submission'' means the voluntary delivery to the
appropriate CBP officer or electronic submission to the Automated
Commercial Environment (ACE) or any other CBP-authorized electronic data
interchange system of the entry summary documentation or data for
preliminary review or of entry documentation or data for other purposes.
(d) Filing. ``Filing'' means:
(1) The delivery to CBP, including electronic submission to the
Automated Commercial Environment (ACE) or any other CBP-authorized
electronic data interchange system, of the entry documentation or data
required by section 484(a), Tariff Act of 1930, as amended (19 U.S.C.
1484(a)), to obtain the release of merchandise, or
(2) The delivery to CBP, including electronic submission to the
Automated Commercial Environment (ACE) or any other CBP-authorized
electronic data interchange system, together with the deposit of
estimated duties, of the entry summary documentation or data required to
assess duties, collect statistics, and determine whether other
requirements of law and regulation are met, or
(3) The delivery to CBP, including electronic submission to the
Automated Commercial Environment (ACE) or any other CBP-authorized
electronic data interchange system, together with the deposit of
estimated duties, of the entry summary documentation or data,
[[Page 7]]
which will serve as both the entry and the entry summary.
(e) Presentation. ``Presentation'' is used only in connection with
quota-class merchandise and is defined in Sec. 132.1(d) of this
chapter.
(f) Entered for consumption. ``Entered for consumption'' means that
an entry summary for consumption has been filed with CBP in proper form,
including electronic submission to the Automated Commercial Environment
(ACE) or any other CBP-authorized electronic data interchange system,
with estimated duties attached. ``Entered for consumption'' also means
the necessary documentation has been filed with CBP to withdraw
merchandise from a duty-deferral program in the United States for
exportation to Canada or Mexico or for entry into a duty-deferral
program in Canada or Mexico (see Sec. 181.53 of this chapter).
(g) Entered for warehouse. ``Entered for warehouse'' means that an
entry summary for warehouse has been filed with CBP in proper form,
including electronic submission to the Automated Commercial Environment
(ACE) or any other CBP-authorized electronic data interchange system.
(h) Entered temporarily under bond. ``Entered temporarily under
bond'' means that an entry summary supporting a temporary importation
under bond has been filed with CBP in proper form, including electronic
submission to the Automated Commercial Environment (ACE) or any other
CBP-authorized electronic data interchange system.
(i) Released conditionally. ``Released conditionally'' means any
release from CBP custody before liquidation.
[CBP Dec. No. 15-14, 80 FR 61288, Oct. 13, 2015]
Subpart A_Liability for Duties and Requirement To Enter Merchandise
Sec. 141.1 Liability of importer for duties.
(a) Time duties accrue. Duties and the liability for their payment
accrue upon imported merchandise on arrival of the importing vessel
within a Customs port with the intent then and there to unlade, or at
the time of arrival within the Customs territory of the United States if
the merchandise arrives otherwise than by vessel, unless otherwise
specially provided for by law.
(b) Payment of duties--(1) Personal debt of importer. The liability
for duties, both regular and additional, attaching on importation,
constitutes a personal debt due from the importer to the United States
which can be discharged only by payment in full of all duties legally
accruing, unless relieved by law or regulation. Payment to a broker
covering duties does not relieve the importer of liability if the duties
are not paid by the broker. The liability may be enforced
notwithstanding the fact that an erroneous construction of law or
regulation may have enabled the importer to pass his goods through the
customhouse without payment. Delivery of a Customs bond with an entry is
solely to protect the revenue of the United States and does not relieve
the importer of liabilities incurred from the importation of merchandise
into the United States.
(2) Means of payment. An importer or his agent may pay Customs by
using any of the applicable means provided in Sec. 24.1(a).
(3) Methods of payment. An importer may pay duties either:
(i) Directly to Customs whether or not a licensed customhouse broker
is used; or
(ii) Through a licensed customhouse broker. When an importer uses a
broker and elects to pay by check or bank draft, the importer may issue
the broker either:
(A) One check or bank draft payable to the broker covering both
duties and the broker's fees and charges, in which case the broker shall
pay the duties to Customs on behalf of the importer, or
(B) Separate checks or bank drafts, one covering duties payable to
the ``U.S. Customs Service,'' for transmittal by the broker to Customs,
and the other covering the broker's fees and charges. The importer's
check or bank draft for duties shall be delivered to Customs by the
broker.
(c) Claim against estate of importer. The claim of the Government
for unpaid duties against the estate of a deceased or insolvent importer
has priority over obligations to creditors other than the United States.
To the
[[Page 8]]
extent that a broker or a surety pays duties on behalf of an importer
which files for bankruptcy protection, the broker or surety shall be
entitled to assume the priority status of Customs under section
507(a)(7) of the Bankruptcy Code for that portion of Customs claim which
the surety or broker has paid.
(d) Lien against merchandise. The liability for duties also
constitutes a lien upon the merchandise imported which may be enforced
while such merchandise is in the custody or subject to the control of
the United States.
(e) States and their instrumentalities. Neither the States nor their
instrumentalities are entitled to any constitutional exemption from the
payment of Customs duties.
(f) Unordered merchandise. There shall be no liability for the
payment of duties on the part of anyone to whom merchandise is consigned
without his authority, if he refuses it. Such merchandise shall be
treated as unclaimed (see part 27 of this chapter).
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 82-134, 47
FR 32419, July 27, 1982; T.D. 92-58, 57 FR 27160, June 18, 1992; T.D.
97-82, 62 FR 51770, Oct. 3, 1997]
Sec. 141.2 Liability for duties on reimportation.
Dutiable merchandise imported and afterwards exported, even though
duty thereon may have been paid on the first importation, is liable to
duty on every subsequent importation into the Customs territory of the
United States, but this does not apply to the following:
(a) Personal and household effects taken abroad by a resident of the
United States and brought back on his return to this country (see Sec.
148.31 of this chapter);
(b) Professional books, implements, instruments, and tools of trade,
occupation, or employment taken abroad by an individual and brought back
on his return to this country (see Sec. 148.53 of this chapter);
(c) Automobiles and other vehicles taken abroad for noncommercial
use (see Sec. 148.32 of this chapter);
(d) Metal boxes, casks, barrels, carboys, bags, quicksilver flasks
or bottles, metal drums, or other substantial outer containers exported
from the United States empty and returned as usual containers or
coverings of merchandise, or exported filled with products of the United
States and returned empty or as the usual containers or coverings of
merchandise (see Sec. 10.7(b), (c), (d), and (e) of this chapter);
(e) Articles exported from the United States for repairs or
alterations, which may be returned upon the payment of duty on the value
of repairs or alterations at the rate or rates which would otherwise
apply to the articles in their repaired or altered conditions (see Sec.
10.8 of this chapter);
(f) Articles exported for exhibition under certain conditions (see
Sec. Sec. 10.66 and 10.67 of this chapter);
(g) Domestic animals taken abroad for temporary pasturage purposes
and returned within 8 months (see Sec. 10.74 of this chapter);
(h) Articles exported under lease to a foreign manufacturer (see
Sec. 10.108 of this chapter); or
(i) Any other reimported articles for which free entry is
specifically provided.
Sec. 141.3 Liability for duties includes liability for taxes.
The importer's liability for duties includes a liability for any
internal revenue taxes which attach upon the importation of merchandise,
unless otherwise provided by law or regulation.
Sec. 141.4 Entry required.
(a) General. All merchandise imported into the United States is
required to be entered, unless specifically excepted.
(b) Exceptions. The following are the exceptions to the general
rule:
(1) The exemptions listed in General Note 3(e) to the Harmonized
Tariff Schedule of the United States (HTSUS).
(2) Vessels (not including vessels classified in headings 8903 and
8907 and subheadings 8905.90.10 and 8906.00.10 or in Chapter 98, HTSUS,
such as under subheadings 9804.00.35 or 9813.00.35). See also Chapter
89, Additional U.S. Note 1, HTSUS.
(3) Instruments of international traffic described in Sec. 10.41a
and Sec. 10.41b(b) of this chapter, under the conditions provided for
in those sections. See also
[[Page 9]]
Chapter 98, Subpart III, U.S. Notes 3 and 4, HTSUS.
(4) Railway locomotives classified in heading 8601 or 8602, HTSUS,
and freight cars classified in heading 8606, HTSUS, on which no duty is
owed (see paragraph (d) of this section). See Chapter 86, Additional
U.S. Note 1, HTSUS; see also 19 CFR part 123 for reporting requirements
for railway equipment brought into the United States from Canada or
Mexico.
(c) Undeliverable articles. The exemption from entry for
undeliverable articles under General Note 3(e), HTSUS, is subject to the
following conditions:
(1) The person claiming the exemption must submit a certification
(documentary or electronic) that:
(i) The merchandise was intended to be exported to a foreign
country;
(ii) The merchandise is being returned within 45 days of departure
from the United States;
(iii) The merchandise did not leave the custody of the carrier or
foreign customs;
(iv) The merchandise is being returned to the United States because
it was undeliverable to the foreign consignee; and
(v) The merchandise was not sent abroad to receive benefit from, or
fulfill obligations to, the United States as a result of exportation.
(2) Upon request by CBP, the person claiming the exemption shall
provide evidence required to support the claim for exemption.
(d) Railway locomotives and freight cars. For railway locomotives
and freight cars described in Additional U.S. Note 1 of Chapter 86,
HTSUS, to be excepted and released in accordance with paragraph (b)(4)
of this section, the importer must first file a bond on CBP Form 301,
containing the bond conditions set forth in either Sec. 113.62 or
113.64 of this chapter.
(e) Informal entry. Merchandise qualifying for informal entry by
regulation, pursuant to 19 U.S.C. 1498, is exempt from formal entry
under 19 U.S.C. 1484 and this part, but must be entered as required
under applicable regulations (see part 143, subpart C, and Sec. Sec.
10.151 through 10.153, 128.24, 145.31, 145.32, 148.12, 148.13, 148.51,
and 148.62 of this chapter).
[T.D. 94-51, 59 FR 30295, June 13, 1994]
Editorial Note: For Federal Register citations affecting Sec.
141.4, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 141.5 Time limit for entry.
Merchandise for which entry is required will be entered within 15
calendar days after landing from a vessel, aircraft or vehicle, or after
arrival at the port of destination in the case of merchandise
transported in bond. Merchandise for which timely entry is not made will
be treated in accordance with Sec. 4.37 or Sec. 122.50 or Sec. 123.10
of this chapter.
[T.D. 02-65, 67 FR 68035, Nov. 8, 2002]
Subpart B_Right To Make Entry and Declarations on Entry
Sec. 141.11 Evidence of right to make entry for importations
by common carrier.
(a) Merchandise not released directly to carrier. Except where
merchandise is released directly to the carrier in accordance with
paragraph (b) of this section, one of the following types of evidence of
the right to make entry shall be filed in connection with the entry of
merchandise imported by common carrier:
(1) A bill of lading or air waybill, presented by the holder
thereof, properly endorsed when endorsement is required under the law. A
nonnegotiable bill of lading, or air waybill, may not be endorsed by the
named consignee to give someone else the right to make entry. If the
person making entry intends to use the original bill of lading or air
waybill to obtain a duplicate bill of lading, duplicate air waybill, or
carrier's certificate from the carrier, the exchange shall be made
before the entry is filed, and the duplicate bill of lading, duplicate
air waybill, or carrier's certificate shall be used to make entry in
accordance with paragraph (a) (3) or (4) of this section. For purposes
of this part, the rights of the consignor relating to an air waybill as
prescribed
[[Page 10]]
by the Warsaw Convention (49 Stat. 3017) shall be protected.
(2) An extract from a bill of lading or air waybill certified to be
genuine by the carrier bringing the merchandise to the port of entry.
Customs officers shall not certify extracts from bills of lading or air
waybills.
(3) A certified duplicate bill of lading or air waybill, with the
carrier's certificate being in substantially the following form:
Duplicate Bill Of Lading or Air Waybill Certificate
_____, 19--
The undersigned carrier, bringing the within-described merchandise
to this port, hereby certifies that this signed copy of the bill of
lading or air waybill is genuine and may be used for the purpose of
making Customs entry as provided for in section 484(i), Tariff Act of
1930.
________________________________________________________________________
(Name of carrier)
________________________________________________________________________
(Agent)
(4) A carrier's certificate, which may be executed on the official
entry form, or, in appropriate cases, by means of a rubber-stamped or
typewritten combined carrier's certificate and release order with one
signature on a copy of the bill of lading, airway bill, shipping
receipt, or other comparable document. The rubber-stamped or typewritten
certificate shall be in substantially the following form, which may be
varied to include any of the qualifications on release shown in Sec.
141.111(d):
Date ______
The undersigned carrier, to whom or upon whose order the articles
described herein or in the attached document must be released, hereby
certifies that the consignee named in this document is the owner or
consignee of such articles within the purview of section 484(h), Tariff
Act of 1930. In accordance with the provisions of section 484(j), Tariff
Act of 1930, authority is hereby given to release the articles covered
by the aforementioned statement to such consignee.
________________________________________________________________________
(Name of carrier)
________________________________________________________________________
(Agent)
(5) A blanket carrier's release order on an appropriately modified
bill of lading or air waybill covering any or all shipments which will
arrive at the port on the carrier's conveyance during the period
specified in the release order.
(6) A shipping receipt or other document presented in lieu of a bill
of lading or air waybill shall be accepted as authority for making entry
only if it bears a carrier's certificate in accordance with paragraph
(a)(4) of this section, or if entry is made by the actual consignee in
person or in his name by a duly authorized agent.
(b) Merchandise released directly to carrier. Where, in accordance
with subsection (j) of section 484, Tariff Act of 1930, as amended (19
U.S.C. 1484), merchandise is released from Customs custody (either under
immediate delivery procedures in accordance with the provisions of
subpart C of part 142 of this chapter, or after an entry has been filed
in accordance with subpart A of part 142 of this chapter, or after an
entry summary, which shall serve as both the entry and entry summary has
been filed with estimated duties attached where appropriate in
accordance with subpart B of part 142 of this chapter), to the carrier
by whom the merchandise was brought to the port, the delivery of the
merchandise by the carrier to the person filing the entry summary with
estimated duties attached shall be deemed to be the certification
required by subsection (h), section 484, Tariff Act of 1930. Customs
responsibility under this optional entry procedure is limited to the
collection of duties, and constitutes no representation whatsoever
regarding the right of any person to obtain possession of the
merchandise from the carrier. Consequently, no Customs official shall be
liable to any person in respect to the delivery of merchandise released
from Customs custody in accordance with the provisions of this
paragraph.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49787, Oct. 25, 1978; T.D. 82-224, 47 FR 53727, Nov. 29, 1982; T.D.
87-75, 52 FR 20068, May 29, 1987; T.D. 90-87, 55 FR 47052, Nov. 9, 1990;
T.D. 97-82, 62 FR 51770, Oct. 3, 1997]
Sec. 141.12 Right to make entry of importations by other than common carrier.
When merchandise is not imported by a common carrier, possession of
the
[[Page 11]]
merchandise at the time of arrival in the United States shall be deemed
sufficient evidence of the right to make entry.
Sec. 141.13 Right to make entry of abandoned or salvaged merchandise.
Underwriters of abandoned merchandise or salvors of merchandise
saved from a wreck who are unable to produce a bill of lading, air
waybill, certified duplicate bill of lading or air waybill, or carrier's
certificate, shall produce evidence satisfactory to the port director of
their right to act.
[T.D. 78-394, 43 FR 49787, Oct. 25, 1978]
Sec. 141.14 Deceased or insolvent consignees
and court-appointed administrators.
The executor or administrator of the estate of a deceased consignee,
the receiver or other legal representative of an insolvent consignee, or
the representative appointed in any action or proceeding at law to act
for a consignee shall not be permitted to make entry unless he produces
a duly endorsed bill of lading or air waybill, a carrier's certificate,
or a duplicate bill of lading or air waybill, executed in accordance
with subsections (h) or (i) of section 484, Tariff Act of 1930, as
amended (19 U.S.C. 1484), showing him to be the consignee for Customs
purposes.
[T.D. 78-394, 43 FR 49787, Oct. 25, 1978]
Sec. 141.15 Bond for production of bill of lading or air waybill.
(a) When appropriate. If the person desiring to make entry is unable
to present a bill of lading, air waybill, or other evidence of right to
make entry in accordance with Sec. 141.11, the port director may accept
a bond for the production of a bill of lading or air waybill under the
provisions of section 484(c), Tariff Act of 1930, as amended (19 U.S.C.
1484(c)). The bond shall be for the production of a bill of lading or
air waybill, unless the person making entry intends to produce a
carrier's certificate or certified duplicate bill of lading or air
waybill. In that case, no bond is required because section 484(c) does
not apply to entries made on a carrier's certificate or certified
duplicate bill of lading or air waybill. If the port director is in
doubt as to the propriety of accepting entry on a bond for the
production of a bill of lading or air waybill, he shall request
authority to do so from the Commissioner of Customs.
(b) Form. The bond shall be on Customs Form 301 and contain the bond
conditions set forth in Sec. 113.69 of this chapter.
(c) Documents acceptable to satisfy bond. A bond given for the
production of a bill of lading or air waybill shall be considered as
canceled upon production of a bill of lading or air waybill, and may be
considered as satisfied but shall not be canceled upon the production of
a carrier's certificate or certified duplicate bill of lading or air
waybill.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49788, Oct. 25, 1978; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]
Sec. 141.16 Disposition of documents.
(a) Bill of lading or air waybill. When the return of the bill of
lading or air waybill to the person making entry is requested in
accordance with section 484(j), Tariff Act of 1930, as amended (19
U.S.C. 1484(j)), the port director shall obtain a receipt showing
sufficient data from the bill of lading or air waybill to completely
identify it and enable the auditor to verify the production of proper
evidence of the right to make entry. The receipt shall also show any
freight charges and weights that appear on the bill of lading or air
waybill. The port director shall then return the bill of lading or air
waybill to the person making entry with a notation thereon to the effect
that entry has been made for the merchandise.
(b) Other documents. When any of the other documents specified in
Sec. 141.11(a) (2) through (6) is used in making entry, it shall be
retained by the port director as evidence that the person making entry
is authorized to do so.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49788, Oct. 25, 1978]
Sec. 141.17 Entry by nonresident consignee.
A nonresident consignee has the right to make entry, but any bond
[[Page 12]]
taken in connection with the entry shall have a resident corporate
surety or, when a carnet issued under part 114 of this chapter is used
as an entry form, an approved resident guaranteeing association.
Sec. 141.18 Entry by nonresident corporation.
A nonresident corporation (i.e., one which is not incorporated
within the customs territory of the United States or in the Virgin
Islands of the United States) may not enter merchandise for consumption
unless it:
(a) Has a resident agent in the State where the port of entry is
located who is authorized to accept service of process against that
corporation or, in the case of an entry filed from a remote location
pursuant to subpart E of part 143 of this chapter, has a resident agent
authorized to accept service of process against that corporation either
in the State where the port of entry is located or in the State from
which the remote location filing originates; and
(b) Files a bond on CBP Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter having a resident corporate surety
to secure the payment of any increased and additional duties which may
be found due.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49
FR 41184, Oct. 19, 1984; CBP Dec. 09-47, 74 FR 69018, Dec. 30, 2009]
Sec. 141.19 Declaration of entry.
(a) Declaration by consignee. The consignee in whose name an entry
is made under the provisions of section 484, Tariff Act of 1930, as
amended (19 U.S.C. 1484), shall execute the declaration specified in
section 485(a), Tariff Act of 1930, as amended (19 U.S.C. 1485(a)) on:
(1) The entry summary for merchandise entered for consumption, for
warehouse, or for temporary importation under bond, or
(2) The rewarehouse or the bonded manufacturing warehouse entry.
The declaration need not be under oath. When the consignee is a
partnership, any partner may execute the declaration, and when the
consignee is a corporation any officer of the corporation may execute
the declaration.
(b) Declaration by agent of consignee--(1) Authorized agent with
knowledge of the facts. When entry is made in a consignee's name by an
agent who has knowledge of the facts and who is authorized under a
proper power of attorney by that consignee to make declarations in
accordance with section 485(f), Tariff Act of 1930, as amended (19
U.S.C. 1485(f)), a declaration on the entry or entry summary executed by
that agent is sufficient and no bond to produce a declaration of the
consignee is required.
(2) Other agents. When entry is made in a consignee's name by an
agent who does not meet the qualifications in paragraph (b)(1) of this
section either:
(i) A declaration of the consignee on Customs Form 3347-A shall be
filed with the entry documentation or entry summary or
(ii) A charge for the production of the declaration shall be made
against the bond on Customs Form 301, containing the bond conditions set
forth in Sec. 113.62 of this chapter. No separate bond of the agent
shall be required, since a charge against the bond on Customs Form 301,
containing the bond conditions set forth in Sec. 113.62 of this chapter
satisfies the requirements of section 485(c), Tariff Act of 1930, as
amended (19 U.S.C. 1485(c)).
(3) Nominal consignee. A nominal consignee who makes entry in his
own name is not considered an agent within the purview of section
485(c), Tariff Act of 1930, as amended (19 U.S.C. 1485(c)), and he shall
execute a declaration in accordance with paragraph (a) of this section.
(c) Books, newspapers, and periodicals. In the case of successive
importations of books, magazines, newspapers, and periodicals within the
scope of section 485(b), Tariff Act of 1930, as amended (19 U.S.C.
1485(b)), one declaration filed at the time of arrival of the first
importation will be sufficient.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44
FR 46816, June 4, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]
[[Page 13]]
Sec. 141.20 Actual owner's declaration and superseding bond of actual owner.
(a) Filing--(1) Declaration of owner. A consignee in whose name an
entry summary for consumption, warehouse, or temporary importation under
bond is filed, or in whose name a rewarehouse entry or a manufacturing
warehouse entry is made, and who desires, under the provisions of
section 485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)), to
be relieved from statutory liability for the payment of increased and
additional duties shall declare at the time of the filing of the entry
summary or entry documentation, as provided in Sec. 141.19(a), that he
is not the actual owner of the merchandise, furnish the name and address
of the owner, and file with CBP, either at the port of entry or
electronically within 90 days from the time of entry (see Sec. 141.68)
a declaration of the actual owner of the merchandise acknowledging that
the actual owner will pay all additional and increased duties. The
declaration of owner shall be filed on Customs Form 3347.
(2) Bond of actual owner. If the consignee desires to be relieved
from contractual liability for the payment of increased and additional
duties voluntarily assumed by him under the single-entry bond which he
filed in connection with the entry documentation and/or entry summary,
or under his continuous bond against which the entry and/or entry
summary is charged, he shall file a bond of the actual owner on Customs
Form 301, containing the bond conditions set forth in Sec. 113.62 of
this chapter, with CBP, either at the port of entry or electronically
within 90 days from the time of entry.
(b) Appropriate party to execute and file. Neither the declaration
of the actual owner nor the bond of the actual owner shall be accepted
unless executed by the actual owner or his duly authorized agent, and
filed by the nominal consignee or his duly authorized agent.
(c) Nonresident actual owner. If the actual owner is a nonresident,
the actual owner's declaration shall not be accepted as compliance with
section 485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)),
unless there is filed therewith the owner's bond on Customs Form 301,
containing the bond conditions set forth in Sec. 113.62 of this
chapter, with a resident corporate surety.
(d) Filing of declaration of owner for purposes other than relief
from liability. Nothing in this section shall be construed to prevent
the nominal consignee from filing the actual owner's declaration without
the superseding bond for purposes other than relief from statutory
liability for the payment of increased and additional duties under the
provisions of section 485(d), Tariff Act of 1930, as amended (19 U.S.C.
1485(d)).
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-212, 39
FR 28420, Aug. 7, 1974; T.D. 79-221, 44 FR 46816, Aug. 9, 1979; T.D. 84-
213, 49 FR 41184, Oct. 19, 1984]
Subpart C_Powers of Attorney
Sec. 141.31 General requirements and definitions.
(a) Limited or general power of attorney. A power of attorney may be
executed for the transaction by an agent or attorney of a specified part
or all the Customs business of the principal.
(b) [Reserved]
(c) Minor agents. A power of attorney to a minor shall not be
accepted.
(d) Definitions of resident and nonresident. For the purposes of
this subpart, ``resident'' means an individual who resides within, or a
partnership one or more of whose partners reside within, the Customs
territory of the United States or the Virgin Islands of the United
States, or a corporation incorporated in any jurisdiction within the
Customs territory of the United States or in the Virgin Islands of the
United States. A ``nonresident'' means an individual, partnership, or
corporation not meeting the definition of ``resident.''
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-93, 49 FR
17754, Apr. 25, 1984]
Sec. 141.32 Form for power of attorney.
Customs Form 5291 may be used for giving power of attorney to
transact Customs business. If a Customs power of attorney is not on a
Customs Form 5291, it shall be either a general power
[[Page 14]]
of attorney with unlimited authority or a limited power of attorney as
explicit in its terms and executed in the same manner as a Customs Form
5291. The following is an example of an acceptable general power of
attorney with unlimited authority:
KNOW ALL MEN BY THESE PRESENTS, THAT
______________________
(Name of principal)
____________________ ,
(State legal designation, such as corporation, individual, etc.)
residing at _______________ and doing business under the laws of the
State of ______, hereby appoints________________________________________
________________________________________________________________________
(Name, legal designation, and address)
as a true and lawful agent and attorney of the principal named above
with full power and authority to do and perform every lawful act and
thing the said agent and attorney may deem requisite and necessary to be
done for and on behalf of the said principal without limitation of any
kind as fully as said principal could do if present and acting, and
hereby ratify and confirm all that said agent and attorney shall
lawfully do or cause to be done by virtue of these presents until and
including ______, (date) or until notice of revocation in writing is
duly given before that date.
Date __________, 19__;.
________________________________________________________________________
(Principal's signature)
Sec. 141.33 Alternative form for noncommercial shipment.
An individual (but not a partnership, association, or corporation)
who is not a regular importer may appoint another individual as his
unpaid agent for Customs purposes by executing a power of attorney
applicable to a single noncommercial shipment by writing, printing, or
stamping on the invoice, or on a separate paper attached thereto, the
following statement:
_____________; of
(Name)
________________________________________________________________________
(Address)
is hereby authorized to execute, as an unpaid agent who has knowledge of
the facts, pursuant to the provisions of section 485(f), Tariff Act of
1930, as amended, the consignee's and owner's declarations provided for
in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter
on my behalf or for my account the goods described in the attached
invoice which contains a true and complete statement of the facts
concerning the shipment.
Date _________, 19__.
________________________________________________________________________
(Signature of importer)
________________________________________________________________________
(Address)
Sec. 141.34 Duration of power of attorney.
Powers of attorney issued by a partnership shall be limited to a
period not to exceed 2 years from the date of execution. All other
powers of attorney may be granted for an unlimited period.
[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]
Sec. 141.35 Revocation of power of attorney.
Any power of attorney shall be subject to revocation at any time by
written notice given to and received by CBP, either at the port of entry
or electronically.
Sec. 141.36 Nonresident principals in general.
A power of attorney executed by a nonresident principal shall not be
accepted unless the agent designated thereby is a resident and is
authorized to accept service of process against such nonresident.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-93, 49 FR
17754, Apr. 25, 1984]
Sec. 141.37 Additional requirements for nonresident corporations.
If a nonresident corporation has not qualified to conduct business
under state law in the state in which Customs district the agent is
empowered to perform the delegated authority, the power of attorney
shall be supported by documentation establishing the authority of the
grantor designated to execute the power of attorney on behalf of the
corporation.
[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]
Sec. 141.38 Resident corporations.
A power of attorney shall not be required if the person signing
Customs documents on behalf of a resident corporation is known to CBP to
be the president, vice president, treasurer, or secretary of the
corporation. When a
[[Page 15]]
power of attorney is required for a resident corporation, it shall be
executed by a person duly authorized to do so.
[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]
Sec. 141.39 Partnerships.
(a)(1) General. A power of attorney granted by a partnership shall
state the names of all members of the partnership. One member of the
partnership may execute a power of attorney in the name of the
partnership for the transaction of all its Customs business.
(2) Limited partnership. A power of attorney granted by a limited
partnership need only state the names of the general partners who have
authority to bind the firm unless the partnership agreement provides
otherwise. A copy of the partnership agreement must accompany the power
of attorney. For this purpose, a partnership or limited partnership
means any business association recognized as such under the laws of the
state where the association is organized.
(b) Change in partners. When a new firm is formed by a change in
membership, no power of attorney filed by the antecedent firm shall
thereafter be recognized for any Customs purpose.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 86-204, 51
FR 42999, Nov. 28, 1986]
Sec. 141.40 Trusteeships.
A trustee may execute a power of attorney for the transaction of
Customs business incident to the trusteeship.
Sec. 141.41 Surety on Customs bonds.
Powers of attorney to sign as surety on Customs bonds are subject to
the requirements set forth in part 113 of this chapter.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-227, 39
FR 32023, Sept. 4, 1974]
Sec. 141.42 Protests.
Powers of attorney to file protests are subject to the requirements
set forth in Sec. 174.3 of this chapter.
Sec. 141.43 Delegation to subagents.
(a) Resident principals. Except as otherwise provided for in
paragraph (c) of this section, the holder of a power of attorney for a
resident principal cannot appoint a subagent except for the purpose of
filing Electronic Export Information (EEI). A subagent so appointed
cannot delegate his power.
(b) Nonresident principals. Except as otherwise provided for in
paragraph (c) of this section, an agent who has power of attorney for a
nonresident principal may execute a power of attorney delegating
authority to a subagent only if the original power of attorney contains
express authority from the principal for the appointment of a subagent
or subagents. Any subagent so appointed must be a resident authorized to
accept service of process in accordance with Sec. 141.36.
(c) Customhouse brokers. A power of attorney executed in favor of a
licensed customhouse broker may specify that the power of attorney is
granted to the broker to act through any of its licensed officers or
authorized employees as provided in part 111 of this chapter.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by CBP Dec. 17-06,
82 FR 32239, July 13, 2017]
Sec. 141.44 Designation of Center and Customs ports
in which power of attorney is valid.
Unless a power of attorney specifically authorizes the agent to act
thereunder at the appropriate Center and at all CBP ports, the name of
the appropriate Center or each port where the agent is authorized to act
thereunder shall be stated in the power of attorney. The power of
attorney shall be filed with CBP, either at the port of entry or
electronically, in a sufficient number of copies for distribution to the
appropriate Center and each port where the agent is to act, unless
exempted from filing by Sec. 141.46. The Center director or port
director with whom a power of attorney is filed, irrespective of whether
his Center or port is named, shall approve it, if it is in the correct
form and the provisions of this subpart are complied with, and forward
any copies intended for other ports or another Center as appropriate.
[81 FR 93015, Dec. 20, 2016]
[[Page 16]]
Sec. 141.45 Certified copies of power of attorney.
Upon request of a party in interest, a Center Director or port
director having on file an original power of attorney document (which is
not limited to transactions in a specific Customs location) will forward
a certified copy of the document to another Center director or port
director.
[T.D. 95-77, 60 FR 50020, Sept. 27, 1995]
Sec. 141.46 Power of attorney retained by customhouse broker.
Before transacting Customs business in the name of his principal, a
customhouse broker is required to obtain a valid power of attorney to do
so. He is not required to file the power of attorney with CBP.
Customhouse brokers shall retain powers of attorney with their books and
papers, and make them available to representatives of the Department of
the Treasury as provided in subpart C of part 111 of this chapter.
Subpart D_Quantity of Merchandise To Be Included in an Entry
Sec. 141.51 Quantity usually required to be in one entry.
All merchandise arriving on one conveyance and consigned to one
consignee must be included on one entry, except as provided in Sec.
141.52. In addition, a shipment of merchandise that arrives by separate
conveyances at the same port of entry in multiple portions, either as a
shipment split by the carrier or as components of a large unassembled or
disassembled entity, may be processed under a single entry, as
prescribed, respectively, in Sec. Sec. 141.57 and 141.58.
[CBP Dec. 06-11, 71 FR 31925, June 2, 2006]
Sec. 141.52 Separate entries for different portions.
If the Center director is satisfied that there will be no prejudice
to: Import admissibility enforcement efforts; the revenue; and the
efficient conduct of Customs business, separate entries may be made for
different portions of all merchandise arriving on one vessel or vehicle
and consigned to one consignee under any of the following circumstances:
(a) Each portion of a consolidated shipment addressed to one
consignee for various ultimate consignees may be entered separately
under the procedure set forth in Sec. 141.54.
(b) One or more of the enclosed packages in a packaged package may
be entered separately under any appropriate form of formal or informal
entry. No entry is required for an enclosed package which contains
merchandise unconditionally free of duty and not exceeding $250 in
value. A packed package is an outer package in which are contained inner
packages addressed for delivery to two or more different persons, as
described in section 484(f), Tariff Act of 1930, as amended (19 U.S.C.
1484(f)). Each outer container shall be marked to indicate that it is a
packed package.
(c) The consignee desires to enter different portions under
different forms of entry, for transportation to different ports of
entry, or for warehousing in separate warehouses.
(d) Appraisement is being withheld upon merchandise of the class or
kind for which a separate entry is tendered.
(e) The several portions of the consignment for which separate
entries are tendered are covered by separate bills of lading.
(f) The consignment consists of different classes of merchandise
which are to be processed by different Customs commodity specialist
teams.
(g) The consignment contains merchandise subject to entry under a
bond given to assure accounting for final disposition, such as a
temporary importation under bond.
(h) The consignment consists of different importations which arrived
under a consolidated entry for immediate transportation made pursuant to
Sec. 18.11(g) of this chapter.
(i) A special application is submitted to the Commissioner of
Customs with the recommendation of the Center director concerned and is
approved by the Commissioner.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-171, 49
FR 31253, Aug. 3, 1984; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D.
85-38, 50 FR 8723, Mar. 5, 1985]
[[Page 17]]
Sec. 141.53 Procedure for separate entries.
When separate entries for one consignment are made in accordance
with Sec. 141.52 (b) through (i), the following procedures shall apply:
(a) The entries shall be presented simultaneously when practicable.
(b) A separate consignee's declaration shall be filed for each
entry.
(c) Each entry shall cover whole packages or not less than 1 ton of
bulk merchandise, except when a portion of the merchandise is entered
under a temporary importation bond in accordance with Chapter 98,
Subchapter XIII, Harmonized Tariff Schedule of the United States (19
U.S.C. 1202).
(d) When separate entries are made for merchandise covered by a
single bill of lading or air waybill, the provisions of Sec. 141.54
shall be complied with, except that the endorsement on the bill of
lading or air waybill required by Sec. 141.54(b) shall read as follows:
As portions of the within-described merchandise will be covered by
separate entries, the undersigned consignee expressly waives the right
granted by section 484(j), Tariff Act of 1930, as amended, to have this
bill of lading or air waybill returned.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49788, Oct. 25, 1978; T.D. 89-1, 53 FR 51256, Dec. 21, 1988]
Sec. 141.54 Separate entries for consolidated shipments.
When separate entries for consolidated shipments are made in
accordance with Sec. 141.52(a), the following procedures shall apply
except where the merchandise is released directly to the carrier in
accordance with Sec. 141.11(b):
(a) Deposit of evidence of right to make entry. The nominal
consignee of a consolidated shipment covering merchandise for various
ultimate consignees who desire to make separate entries shall deposit
with the port director evidence of the right to make entry as set forth
in Sec. 141.11(a), and such evidence shall be permanently retained by
the port director.
(b) Waiver of right to have bill of lading or air waybill returned.
If a bill of lading or air waybill is filed, it shall contain the
following endorsement signed by the consignee named therein:
As the within-described merchandise belongs to various ultimate
consignees who desire to make separate entries therefor, the undersigned
consignee thereof hereby expressly waives the right granted by section
484(j), Tariff Act of 1930, as amended, to have this bill of lading or
air waybill returned.
(c) Certificate by nominal consignee. Except when an authority to
make entry for a portion of a consolidated shipment is executed on the
entry form in the space provided, at the time of depositing the bill of
lading, air waybill, or other document, the named consignee shall
produce a certificate prepared and signed by him for each portion of the
shipment for which separate entry is desired. The authority to make
entry carried by such a certificate may be transferred by endorsement.
The certificate shall be in the following form:
Port of ______
____________, 19__
Authority To Make Entry
Of merchandise imported at ____________, 19__, per ______, from
______ shipped by ______, consigned to ______, endorsed to ______,
covered by \1\______ dated ______, 19__, at ______ on file with the port
director at ______.
---------------------------------------------------------------------------
\1\ Insert ``bill of lading,'' ``air waybill,'' ``certified
duplicate bill of lading,'' ``certified duplicate air waybill,''
``carrier's certificate,'' or ``shipping receipt.''
------------------------------------------------------------------------
Marks Numbers Description
------------------------------------------------------------------------
------------------------------------------------------------------------
(We) (I) ____________, the consignee(s) in the above-mentioned
document covering merchandise for various ultimate consignees, hereby
authorize ______ or order to make Customs entry for the above described
merchandise.
________________________________________________________________________
(Consignee(s))
(d) Verification of certificate. When a certificate on a separate
document as described in paragraph (c) of this section is presented, it
shall be compared with the supporting document and after being initialed
by the ministerial clerk shall be returned to the consignee for
transmittal to the person
[[Page 18]]
who will make entry. When an entry is received having executed in the
space provided thereon an authority to make entry for a portion of a
consolidated shipment, such authority shall be compared with the
supporting document.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49788, Oct. 25, 1978]
Sec. 141.55 Single entry summary for shipments arriving
under one transportation entry.
Except for merchandise subject to a quantitative or tariff-rate
quota, port directors are authorized to accept one entry summary for
consumption or for warehouse for the entire quantity of merchandise
covered by an entry for immediate transportation after the arrival of
any part of the merchandise at the port of destination or at a place of
deposit outside the port as may be authorized in accordance with Sec.
18.11(c) of this chapter.
[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]
Sec. 141.56 Single entry summary for multiple transportation entries
consigned to the same consignee.
(a) Requirement. CBP may accept, either at the port of entry or
electronically one entry summary for consumption or for warehouse for
merchandise covered by multiple entries for immediate transportation,
subject to the requirements of Sec. 142.17(a) of this chapter, provided
the merchandise covered by each immediate transportation entry is
released at the port of destination under a separate entry, in
accordance with Sec. 142.3 of this chapter.
(b) Limitation. A single entry summary for multiple transportation
entries shall not be accepted for any merchandise listed in Sec.
142.17(b) of this chapter.
(c) Information on the entry summary. Each entry for immediate
transportation shall be identified separately on the entry summary by
the immediate transportation entry number and the corresponding entry
number.
[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]
Sec. 141.57 Single entry for split shipments.
(a) At election of importer of record. At the election of the
importer of record, Customs may process a split shipment, pursuant to
section 484(j)(2), Tariff Act of 1930 (19 U.S.C. 1484(j)(2)), under a
single entry, as prescribed under the procedures set forth in this
section.
(b) Split shipment defined. A ``split shipment'', for purposes of
this section, means a shipment:
(1) Which may be accommodated on a single conveyance, and which is
delivered to and accepted by a carrier in the exporting country under
one bill of lading or waybill, and is thus intended by the importer of
record to arrive in the United States as a single shipment;
(2) Which is thereafter divided by the carrier, acting on its own,
into different portions which are transported and consigned to the same
party in the United States; and
(3) Of which the first portion and all succeeding portions arrive at
the same port of entry in the United States, as listed in the original
bill of lading or waybill; and all the succeeding portions arrive at the
port of entry within 10 calendar days of the date of the first portion.
If any portion of the shipment arrives at a different port, such portion
must be transported in-bond to the port of destination where entry of
the shipment is made.
(c) Notification by importer of record. The importer of record must
notify Customs, in writing, that the shipment has been split at the
carrier's initiative, that the remainder of the shipment will arrive by
subsequent conveyance(s), and that an election is being made to file a
single entry for all portions. The required notification must be given
as soon as the importer of record becomes aware that the shipment has
been split, but in all cases notification must be made before the entry
summary is filed.
(d) Entry or special permit for immediate delivery. In order to make
a single entry for a split shipment or obtain a special permit for the
release of a split shipment under immediate delivery, an importer of
record may follow the procedure prescribed in paragraph (d)(1) or (d)(2)
of this section, as applicable.
[[Page 19]]
(1) Entry or special permit after arrival of entire shipment. An
importer of record may file an entry at such time as all portions of the
split shipment have arrived at the port of entry (see paragraph (b)(3)
of this section). In the alternative, again after the arrival of all
portions of a split shipment at the port of entry, the importer of
record may instead file a special permit for immediate delivery provided
that the merchandise is eligible for such a permit under Sec.
142.21(a)-(f) and (h) of this chapter. In either case, the importer of
record must file Customs Form (CF) 3461 or CF 3461 alternate (CF 3461
ALT) as appropriate, or electronic equivalent, with Customs. The entry
or special permit must indicate the total number of pieces in, as well
as the total value of, the entire shipment as reflected on the
invoice(s) covering the shipment.
(2) Special permit prior to arrival of entire shipment. As provided
in Sec. 142.21(g) of this chapter, an importer of record may also file
a special permit for immediate delivery after the arrival of the first
portion of a split shipment at the port of entry (see paragraph (b)(3)
of this section), but before the arrival of the entire shipment at such
port, thus qualifying the split shipment for incremental release, under
paragraph (e) of this section, as each portion of the shipment arrives
at the port of entry (see paragraph (g)(2)(ii) of this section). In such
case, a CF 3461 or CF 3461 ALT as appropriate, or electronic equivalent,
must be filed with Customs. As each portion arrives at the port of
entry, the importer of record must submit a copy of the CF 3461/CF 3461
ALT, or its electronic equivalent, adjusted to reflect the quantity of
that particular portion relative to the quantity contained in the entire
split shipment (see paragraph (b)(1) of this section); however, if both
the carrier and the importer of record are automated, such adjustments
may instead be made electronically to the CBP Automated Commercial
Environment (ACE) or any other CBP-authorized electronic data
interchange system. In the event that an entry has been pre-filed with
Customs (see Sec. 142.2(b) of this chapter), notification to Customs by
the importer of record that a single entry will be filed for shipments
released incrementally will serve as a request that the pre-filed entry
be converted to an application for a special permit for immediate
delivery (see Sec. 142.21(g) of this chapter). The special permit must
indicate the total number of pieces in, as well as the total value of,
the entire shipment as reflected on the invoice(s) covering the
shipment. Customs may limit the release of each portion of the split
shipment upon arrival at the port of entry, as permitted under this
paragraph, due to the need to examine the merchandise in accordance with
paragraph (f) of this section.
(e) Release. To secure the separate release upon arrival of each
portion of a split shipment at the port of destination under paragraph
(d)(2) of this section, the carrier responsible for initially splitting
the shipment must present to Customs, either on a paper manifest or
through an authorized electronic data interchange system, manifest
information relating to the shipment that reflects exact information for
each portion of the split shipment. The carrier responsible for
splitting the shipment must notify other obligated entities (such as
another carrier or freight forwarder) that have submitted electronic
manifest information to Customs about the shipment that was split so
that these parties can update their manifest information to Customs.
(f) Examination. Customs may require examination of any or all parts
of the split shipment. For split shipments subject to the immediate
delivery procedure of paragraph (d)(2) of this section, Customs reserves
the right to deny incremental release should such an examination of the
merchandise be necessary. The denial of incremental release does not
preclude the use of the procedures specified in paragraph (d)(1) of this
section.
(g) Entry summary--(1) Entry. For merchandise entered under
paragraph (d)(1) of this section, the importer of record must file an
entry summary within 10 working days from the time of entry.
(2) Release for immediate delivery--(i) Release under paragraph
(d)(1) of this section. For merchandise released under a special permit
for immediate delivery
[[Page 20]]
pursuant to paragraph (d)(1) of this section, the importer of record
must file the entry summary, which serves as both the entry and the
entry summary, within 10 working days after the merchandise or any part
of the merchandise is authorized for release under the special permit
or, for quota class merchandise, within the quota period, whichever
expires first (see Sec. 142.23 of this chapter).
(ii) Release under paragraph (d)(2) of this section. For merchandise
released under a special permit for immediate delivery pursuant to
paragraph (d)(2) of this section, the importer of record must file the
entry summary, which serves as both the entry and the entry summary,
within 10 working days from the date of the first release of a portion
of the split shipment. The filed entry summary must reflect all portions
of the split shipment which have been released, to include quantity,
value, correct classification and rate of duty. The entry summary cannot
include any portions of the split shipment which have not been released.
(3) Duty payment. With the entry summary filed under paragraphs
(g)(1) and (g)(2)(i) and (g)(2)(ii) of this section, the importer of
record must attach estimated duties, taxes and fees applicable to the
released merchandise. If the entry summary is filed electronically, the
estimated duties, taxes and fees must be scheduled for payment at such
time pursuant to the Automated Clearinghouse (see Sec. 24.25 of this
chapter).
(h) Classification. For purposes of section 484(j)(2), Tariff Act of
1930 (19 U.S.C. 1484(j)(2)), the merchandise comprising the separate
portions of a split shipment included on one entry will be classified as
though imported together.
(i) Separate entry required--(1) Untimely arrival. The importer of
record must enter separately those portions of a split shipment that do
not arrive at the port of entry within 10 calendar days of the portion
that arrived there first (see paragraph (b)(3) of this section).
(2) Different rates of duty for identically classified merchandise.
An importer of record will be required to file a separate entry for any
portion of a split shipment if necessary to preclude the application of
different rates of duty on a split shipment entry for merchandise that
is classifiable under the same subheading of the Harmonized Tariff
Schedule of the United States (HTSUS).
(j) Requirement of importer of record to review entry and maintain
evidence substantiating splitting of shipment--(1) Review of entry. The
importer of record will be responsible for reviewing the total
manifested quantity shown on the CF 3461/CF 3461 ALT, or electronic
equivalent, in relation to all portions of the split shipment that
arrived at the port of entry under paragraph (b)(3) of this section
within the specified 10 calendar day period. At the conclusion of the
specified 10 calendar day period, the importer of record must make any
adjustments necessary to reflect the actual amount, value, correct
classification and rate of duty of the merchandise that was released
incrementally under the split shipment procedures. If all portions of
the split shipment do not arrive within the required 10 calendar day
period, the importer of record must file an additional entry or entries
as appropriate to cover any remaining portions of the split shipment
that subsequently arrive (see paragraph (i)(1) of this section).
(2) Evidence for splitting of shipment; recordkeeping. The importer
of record must maintain sufficient documentary evidence to substantiate
that the splitting of the shipment was done by the carrier acting on its
own, and not at the request of the foreign shipper and/or the importer
of record. This documentation should include a copy of the originating
bill of lading or waybill under which the shipment was delivered to the
carrier in the country of exportation or other supporting documentary
evidence, such as a letter from the carrier confirming that the
splitting of the shipment was done by the carrier on its own initiative.
This documentary evidence as well as all other necessary records
received or generated by or on behalf of the importer of record under
this section must be maintained and produced, if requested, in
accordance with part 163 of this chapter.
(k) Single entry limited; exclusions from single entry under
incremental release
[[Page 21]]
procedure--(1) Quota/visa merchandise. Merchandise subject to quota and/
or visa requirements is excluded from incremental release under the
immediate delivery procedure set forth in paragraph (d)(2) of this
section and Sec. 142.21(g) of this chapter. Additionally, if by
splitting a shipment any portion of it is subject to quota, no portion
of the split shipment may be released incrementally.
(2) Other merchandise. In addition, the port director may deny the
use of the incremental release procedure set forth in paragraph (d)(2)
of this section and Sec. 142.21(g) of this chapter, as circumstances
warrant.
(3) Limited single entry available. For merchandise described in
paragraphs (k)(1) and (k)(2) of this section, that is excluded from the
immediate delivery procedure of paragraph (d)(2) of this section and
Sec. 142.21(g) of this chapter, the importer of record may still file a
single entry or special permit for immediate delivery under paragraph
(d)(1) of this section covering the entire split shipment of such
merchandise following, and to the extent of, its arrival within the
required 10 calendar day period.
[T.D. 03-09, 68 FR 8719, Feb. 25, 2003, as amended by CBP Dec. 15-14, 80
FR 61288, Oct. 13, 2015; 80 FR 65135, Oct. 26, 2015]
Sec. 141.58 Single entry for separately arriving portions of unassembled
or disassembled entities.
(a) At election of importer of record. At the election of the
importer of record, an unassembled or disassembled entity arriving on
multiple conveyances as contemplated under section 484(j)(1), Tariff Act
of 1930 (19 U.S.C. 1484(j)(1)), may be processed as a single entry, as
prescribed under the procedures set forth in this section.
(b) Unassembled or disassembled entities covered. An unassembled or
disassembled entity for purposes of this section is an entity which:
(1) Cannot, due to its size or nature, be shipped on a single
conveyance, and is thus imported in an unassembled or disassembled
condition;
(2) Is ordered, invoiced and is classifiable under the Harmonized
Tariff Schedule of the United States (HTSUS), as a single entity and is
consigned to one person in the United States;
(3) Is imported on more than one conveyance to the same port of
entry in the United States; and
(4) Involves the first portion and all succeeding portions arriving
at the same United States port of entry within either:
(i) 15 calendar days after the unlading of the first portion or
arrival at the destination port if transported in bond for entities
entered under the ``hold all'' method permitted in paragraph (d)(1) of
this section; or
(ii) 10 calendar days after the release of the first portion under
special permit procedures for entities released incrementally as
permitted in paragraph (d)(2) of this section.
(c) Application by importer. The importer of record must apply to
file a single entry covering an entity described in paragraph (b) of
this section. Applications may be made either by appropriately
annotating a Customs and Border Protection (CBP) Form 3461, CBP Form
3461 ALT, or electronic equivalent, or by submitting a letter to CBP.
The required application must be made no later than 5 working days in
advance of the arrival of the first conveyance. Justification for the
need for more than one conveyance must be provided in the application,
which must include an affirmative statement that the entity cannot, due
to its size or nature, be shipped on one conveyance. A copy of the
relevant invoice or purchase order, or electronic equivalent, must
accompany the application, along with the proposed appropriate single
tariff number under the HTSUS. The port director will notify the
applicant of the approval or denial of the application within 3 working
days of the receipt of the application.
(d) Entry or special permit for immediate delivery. In order to make
a single entry for portions of an entity covered under this section that
arrive at different times, an importer of record must follow the
procedure prescribed in paragraphs (d)(1) or (d)(2) of this section, as
applicable.
(1) Entry or special permit after arrival of all portions (Hold
All). An importer may file an entry at such time as all portions of the
entity have arrived at
[[Page 22]]
the same port of entry in the United States. Any portion that arrives at
a different port must be transported in-bond to the destination port
where entry will be made. In the alternative, the importer may file a
special permit for immediate delivery after arrival of all portions of
the entity provided that it is eligible for such a permit under Sec.
142.21(a)-(d), (f) and (i) of this chapter.
(2) Special permit for immediate delivery after arrival of first
portion (Incremental Release). As provided in Sec. 142.21(h) of this
chapter, an importer of record may file an application for a special
permit for immediate delivery after the arrival of the first portion of
the entity covered by paragraph (b) of this section, and its remaining
portions may be released incrementally pursuant to the requirements set
forth in paragraph (e) of this section. All portions of the shipment
must timely arrive at the same port of entry in the United States. Any
portion that arrives at a different port must be transported in-bond to
the destination port where entry will be made.
(e) Release. If an importer wishes to secure release of an entity
under paragraph (d)(1) of this section after the entity's arrival, the
importer must file with CBP a CBP Form 3461 or CBP Form 3461 ALT, as
appropriate, or electronic equivalent. To secure the separate release
upon arrival of each portion of a shipment under paragraph (d)(2) of
this section, the importer must file with CBP a CBP Form 3461 or CBP
Form 3461 ALT, as appropriate, or electronic equivalent after arrival of
the first portion. As each successive portion arrives, the importer must
submit a copy of the originally submitted CBP Form 3461/CBP Form 3461
ALT, annotated to specifically identify that particular portion. The CBP
Form 3461/CBP Form 3461 ALT must indicate the order of the arriving
portion in relation to the entire shipment as reflected on the invoice
(for example, third of six portions). If both the carrier and the
importer are automated, such adjustments may be made electronically
through the CBP Automated Commercial System (ACS). The release of each
portion upon arrival as permitted under this paragraph may be restricted
due to CBP's need to examine the merchandise in accordance with
paragraph (f) of this section. In addition, the importer of record must
present to CBP either on paper or through an authorized electronic
equivalent, specific and detailed information supplementing the CBP Form
3461 or 3461 ALT, relating to the merchandise on each conveyance which
reflects exact information for that portion of the ordered entity (for
example, detailed packing lists).
(f) Examination. CBP may require examination of any or all portions
of the entity. CBP reserves the right to deny the release of each
portion of such shipments as they arrive (i.e., incremental release)
should such an examination of the merchandise be necessary. The denial
of incremental release does not preclude the use of the procedures
specified in paragraph (d)(1) of this section.
(g) Entry summary. (1) For merchandise entered under paragraph
(d)(1) of this section, an entry summary must be filed within 10 working
days from the time of entry. For merchandise released under a special
permit for immediate delivery, the entry summary, which serves as both
the entry and entry summary, must be filed within 10 working days after
the first portion of the entity is authorized for release under the
special permit.
(2) For merchandise released under a special permit for immediate
delivery pursuant to paragraph (d)(2) of this section, the entry
summary, which serves as both the entry and the entry summary, must be
filed within 10 working days from the date of the first release of a
portion of the unassembled or disassembled entity. However, the entry/
entry summary for the entity cannot be filed before the last portion of
the entity which is to be included on the entry has arrived.
(3) Duty payment. At the time the entry summary is filed under
paragraphs (g)(1) and (g)(2) of this section, estimated duties, taxes
and fees must be attached. If the entry summary is filed electronically,
the estimated duties, taxes and fees must be scheduled for payment at
such time pursuant to the Automated Clearinghouse procedures (see 19 CFR
24.25).
[[Page 23]]
(h) Classification. Except as provided in paragraph (j) of this
section, for purposes of section 484(j)(1), Tariff Act of 1930 (19
U.S.C. 1484(j)(1)), the merchandise comprising the separate portions of
an entity covered by paragraph (b) of this section included on one entry
will be classified as though imported together. Any spare parts
accompanying a portion of an entity must be classified and entered
separately.
(i) When separate entry and entry summary required. When all
portions of an entity do not arrive at the port of entry within the time
constraints of paragraphs (b)(4)(i) and (ii) of this section, as
applicable, a separate entry and entry summary must be filed for each
portion that has already arrived, and for each portion that subsequently
will arrive on separate conveyances. The merchandise included on each
separate entry shall be classified in its condition as imported. Each
entry would reflect the quantities, values, classifications and rates of
duty, as appropriate, of the various components conveyed in each
shipment, and not the value or classification of the ordered single
entity.
(j) Exclusions. Merchandise subject to quota and/or visa
requirements is entirely excluded from the procedures set forth in this
section. Also, CBP reserves the right for the port director to deny use
of the incremental release procedure and only release the shipment in
its entirety as circumstances warrant, such as in the case where a
particular shipment has been selected for examination.
[CBP Dec. 06-11, 71 FR 31925, June 2, 2006]
Editorial Note: At 80 FR 61289, Oct. 13, 2015, Sec. 141.58 was
amended; however, the amendment could not be incorporated due to
inaccurate amendatory instruction.
Subpart E_Presentation of Entry Papers
Sec. 141.61 Completion of entry and entry summary documentation.
(a) Preparation--(1) Paper entry and entry summary documentation.
Except when entry and entry summary documentation is filed with CBP
electronically pursuant to the provisions of part 143 of this chapter:
(i) Such documentation must be prepared on a typewriter (keyboard),
or with ink, indelible pencil, or other permanent medium, and all copies
must be legible;
(ii) The entry summary must be signed by the importer (see Sec.
101.1 of this chapter); and
(iii) Entries, entry summaries, and accompanying documentation must
be on the appropriate forms specified by the regulations and must
clearly set forth all required information.
(2) Electronic entry and entry summary documentation. Entry and
entry summary documentation that is filed electronically pursuant to
part 143 of this chapter must contain the information required by this
section and must be certified (see Sec. Sec. 143.35 and 143.44 of this
chapter) by the importer of record or his duly authorized customs broker
as being true and correct to the best of his knowledge. The importer of
record, customs broker, or a duly authorized agent must be resident in
the United States for purposes of receiving service of process. A
certified electronic transmission is binding in the same manner and to
the same extent as a signed document.
(b) Marks and numbers previously provided. An importer may omit from
entry summary (CBP Form 7501, or its electronic equivalent) the marks
and numbers previously provided for packages released or withdrawn.
(c) Identification number for merchandise subject to an antidumping
or countervailing duty order. The entry summary filed for merchandise
subject to an antidumping or countervailing duty order must include the
unique identifying number assigned by the Department of Commerce,
International Trade Administration. Any entry summary filed for
merchandise subject to an antidumping or countervailing duty order not
containing the identifying number will be rejected.
(d) Importer number. The importer number must be reported on CBP
Form 7501, or its electronic equivalent, as follows:
(1) Generally. Except as provided in paragraph (d)(2) of this
section, the importer number of the importer of record and the consignee
number of the ultimate consignee must be reported
[[Page 24]]
for each entry summary and for each drawback entry. When the importer of
record and the ultimate consignee are the same, the importer number may
be entered in both spaces provided on CBP Form 7501 (boxes 10 and 12),
or its electronic equivalent, or the importer number may be entered in
the space provided for the importer (box 12, or its electronic
equivalent) and the word ``SAME'' may be entered in the space provided
for the ultimate consignee (box 10, or its electronic equivalent).
(2) Exception. In the case of a consolidated entry summary covering
the merchandise of more than one ultimate consignee, the importer number
must be reported on CBP Form 7501 (box 12, or its electronic equivalent)
and the notation ``CONSOLIDATED'' must be made in the space provided for
the consignee number (box 10, or its electronic equivalent).
(3) When refunds, bills, or notices of liquidation are to be mailed
to agent. If an importer of record desires to have refunds, bills, or
notices of liquidation mailed in care of his agent, the agent's importer
number must be reported on CBP Form 7501 in the box designated
``Reference No'' (box 22, or its electronic equivalent). In this case,
the importer of record must file, or must have filed previously, a CBP
Form 4811 authorizing the mailing of refunds, bills, or notices of
liquidation to the agent.
(4) Broker No. If a broker is used, the broker's number must be
reported in the appropriate location on CBP Form 7501, or its electronic
equivalent.
(e) Statistical information--(1) Information required on entry
summary or withdrawal form--(i) Where form provides space--(A) Single
invoice. For each class or kind of merchandise subject to a separate
statistical reporting number, the applicable information required by the
General Statistical Notes, Harmonized Tariff Schedule of the United
States (HTSUS), must be shown on the entry summary, CBP Form 7501. The
applicable information must also be shown on the in-bond application
filed pursuant to part 18 of this chapter when it is used to document an
incoming vessel shipment proceeding to a third country pursuant to an
entry for transportation and exportation, or immediate exportation.
(B) Multiple invoices. If a class or kind of merchandise from the
same country of origin subject to the same statistical reporting number
is included in more than one invoice, the importer may, at his option
(1) list each invoice separately on the appropriate form listed under
paragraph (e)(1)(i)(A) of this section and for each class or kind of
merchandise within each invoice subject to a separate statistical
reporting number, report the applicable information required by the
General Statistical Notes, HTSUS; or (2) combine the information for
each class or kind of merchandise and report it under one statistical
reporting number for all invoices. When consolidating information from
several invoices under one reporting number, a worksheet itemizing the
entered value of the merchandise from each invoice in the manner
prescribed in paragraph (f)(2)(ii) of this section must be attached to
the appropriate form.
(ii) Where form does not provide space. In addition to the
information required by paragraph (e)(1)(i) of this section, statistical
information for which spaces are not provided on the appropriate form,
must be shown as follows:
(A) The name, the abbreviated designation or 4 digit code of the
country of registry (flag) of the vessel expressed in terms of Annex B,
HTSUS, must be placed in the block on the entry document for the name of
the importing vessel or carrier.
(B) The notation ``Y'' or ``N'' as appropriate, must be placed in
column 33 of CBP Form 7501, or its electronic equivalent, and in the top
right hand portion of CBP Form 7519, to identify the transaction as one
between a buyer and a seller who are related in any manner, or as one
between a buyer and a seller who are not so related.
(C) The charges (aggregate cost of freight, insurance and all other
charges), must be listed on CBP Form 7501 in column 33. The charges must
be listed on CBP Form 7519, or its electronic equivalent in the rate
column.
(2) Responsibility. The person filing the form is responsible for
providing the information required by paragraph (e)(1) of this section.
If the information required by subparagraph General Statistical Note
1(a)(xiv)(xvii), HTSUS,
[[Page 25]]
cannot be obtained readily, the person filing the form must provide
reasonable estimates of the required information. The acceptance of an
estimate for a particular transaction does not relieve the person filing
the form from obtaining the necessary information for similar future
transactions. The Center director may require additional documentation
to substantiate the statistical information required by paragraph (e)(1)
of this section. The importer must give an appropriate bond for the
production of the required documentation, as follows:
(i) Except for merchandise entered for warehouse, the documentation
must be produced within 50 days after the entry summary (or the entry,
if there is no entry summary) is required to be filed.
(ii) If merchandise is entered for warehouse, the documentation must
be produced within 2 months after the date of withdrawal, except that if
an invoice is part of the documentation, the invoice must be produced
within 50 days after the entry summary for warehouse is required to be
filed.
The Center director may grant a reasonable extension of time to produce
the required documentation for good cause shown. (See Sec. 141.91(d)
for bond requirements relating to failure to produce an invoice.)
(3) Estimates of statistical information. When the person filing the
form estimates any of the values or charges, as provided for in General
Statistical Note 1(b)(ii), HTSUS, except Canadian rail and truck
charges, he must place either ``(estimate)'', ``(est)'', or (``E'')
after the amount of each value or charge.
(4) Rejection of form. The Center director will reject a form for
failure to provide required statistical information if the information
is omitted or if the information provided clearly appears on its face,
or is known to the CBP officer, to be erroneous.
(5) Penalty procedures; when not invoked. Penalty procedures
relating to erroneous statistical information will not be invoked
against any person who in good faith attempts to comply with the
statistical requirements of the General Statistical Note, HTSUS.
(f) Value of each invoice--(1) Single invoice. If the entry, entry
summary, or withdrawal documentation, as specified in paragraph
(e)(1)(i) of this section, covers a single invoice, the invoice
information must be restated to show:
(i) Gross amount of the invoice;
(ii) Deduction of the aggregate amount of any non-dutiable charges
involved in the amount;
(iii) Further deduction of the aggregate of any deductions from the
invoice values to make entered values; and
(iv) Addition of the aggregate of any dutiable charges not included
in the gross amount of the invoice and of any other additions to the
invoice values to make entered values. The final amount in the summary
computations must represent the aggregate of the entered values of all
the merchandise covered by the invoice. The required information must be
shown on a worksheet attached to the form or placed across columns 30
and 31 on CBP Form 7501, or its electronic equivalent and in the same
general location on CBP Forms 7505, 7506.
(2) Multiple invoices. (i) If the importer or his agent elects the
first option specified in paragraph (e)(1)(i)(B) of this section, the
information required to be restated by paragraph (f)(1) of this section
for a single invoice must be restated for each invoice. The required
information must be shown on a worksheet attached to the form or placed
across columns 30 and 31 on CBP Form 7501, or its electronic equivalent.
(ii) If the importer or his agent elects the second option specified
in paragraph (e)(1)(i)(B) of this section, the information required to
be restated by paragraph (f)(1) of this section for a single invoice
must be restated for each invoice. The final amount in the summary
computation must represent the aggregate of the entered values of all
the merchandise on each of the multiple invoices. The required
information must be shown on an attached worksheet.
(iii) The worksheet also must contain:
(A) A statistical reporting number restatement for the merchandise
from
[[Page 26]]
each invoice subject to the same statistical reporting number from the
same country of origin, and
(B) An aggregate total value which represents the entered value.
(iv) To permit the identification of the merchandise entered under
each reporting number, each class or kind of merchandise, from one
country reported under a single statistical reporting number must be
coded identically on each invoice and on the worksheet.
[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]
Editorial Note: For Federal Register citations affecting Sec.
141.61, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 141.62 Place and time of filing.
(a) Place. An application for immediate delivery and entry, entry
summary, or withdrawal documentation shall be filed at the customhouse
or at any other Customs location approved by the director of the port
where the merchandise is to be or has been released.
(b) Time--(1) Normal business hours. (i) Except as provided in
paragraph (b)(2) of this section, an application for immediate delivery
or entry documentation shall be filed when the customhouse is open for
the general transaction of business, or when Customs has established a
regular tour of duty in accordance with Sec. 101.6(f) of this chapter.
(ii) Except as provided in paragraph (b)(2) of this section, entry
summary or withdrawal documentation shall be filed when the customhouse
is open for the general transaction of business, as provided in Sec.
101.6 of this chapter.
(2) Overtime services--(i) Generally. Except as provided in
paragraph (b)(2)(ii) of this section, an application for immediate
delivery or entry documentation may be filed when the customhouse is not
open for the general transaction of Customs business and no regular tour
of duty has been established; and entry summary or withdrawal
documentation may be filed when the customhouse is not open for the
general transaction of business, if:
(A) The person desiring to transact business has applied for and
received authorization for overtime services on a reimbursable basis, as
provided for in Sec. 24.16 of this chapter, and
(B) Overtime services of Customs officers are available.
(ii) Quota-class merchandise. Overtime shall not be authorized for
the presentation of entry summary documentation which serves as both the
entry and entry summary or withdrawal documentation, for quota-class
merchandise without Headquarters authorization. If Headquarters
authorization is granted, the time of delivery of the entry summary or
withdrawal documentation, with the estimated duties attached, or without
the estimated duties attached, if the entry/entry summary information
and a scheduled statement date have been successfully received by
Customs via the Automated Broker Interface, shall be the time of
presentation for quota purposes. However, if an entry summary or
withdrawal for quota-class merchandise is delivered inadvertently during
overtime hours without Headquarters authorization, the time of
presentation for quota purposes shall be the opening of business on the
next business day.
[T.D. 79-221, 44 FR 46818, Aug. 9, 1979, as amended by T.D. 89-104, 54
FR 50498, Dec. 7, 1989]
Sec. 141.63 Submission of entry summary documentation for preliminary review.
(a) Before arrival of merchandise. Entry summary documentation may
be submitted at the customhouse for preliminary review, without
estimated duties attached, within such time before arrival of the
merchandise as may be fixed by the Center director--
(1) If the entry summary documentation will be filed at time of
entry to serve as both the entry and the entry summary, as provided in
Sec. 142.3(b) of this chapter, or
(2) In the case of quota-class merchandise, if the entry summary for
consumption will be presented at time of entry, as provided in Sec.
132.11a of this chapter. Estimated duties will not be accepted before
arrival of the merchandise within the port limits.
(b) After arrival of merchandise. Entry summary documentation may be
submitted at the customhouse for preliminary review, without estimated
duties
[[Page 27]]
attached, within such time after arrival of quota-class merchandise as
may be fixed by the Center director, if the entry summary for
consumption will be presented at the opening of the quota period, as
provided in Sec. 132.12(a) of this chapter. Estimated duties will not
be accepted before the opening of the quota period.
[T.D. 79-221, 44 FR 46819, Aug. 9, 1979, as amended by T.D. 87-78, 52 FR
24155, June 29, 1987; CBP Dec. 09-47, 74 FR 69019, Dec. 30, 2009]
Sec. 141.64 Review and correction of entry and entry summary documentation.
Entry and entry summary documentation may be reviewed before
acceptance to ensure that all entry and statistical requirements are
complied with and that the indicated values and rates of duty appear to
be correct. If any errors are found, the entry and the entry summary
documentation shall not be considered to have been filed in proper form
and shall be returned to the importer for correction.
[T.D. 79-221, 44 FR 46819, Aug. 9, 1979, as amended by T.D. 99-64, 64 FR
43266, Aug. 10, 1999]
Sec. 141.65 [Reserved]
Sec. 141.66 Bond for missing documentation.
Unless otherwise prescribed in these regulations, a bond on Customs
Form 301, containing the bond conditions set forth in Sec. 113.62 or
Sec. 113.69 of this chapter, as appropriate, may be given for the
production of any required documentation which is not available at the
time of entry. (See Sec. 141.91 for the procedure applicable to
incomplete or missing invoices.)
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49
FR 41184, Oct. 19, 1984; CBP Dec. 15-14, 80 FR 61289, Oct. 13, 2015]
Sec. 141.67 Recall of documentation.
The importer may recall the entry and entry summary documentation at
any time before the effective time of entry set forth in Sec. 141.68.
The entry shall be considered canceled, and documents shall be returned
to the importer.
[T.D. 79-221, 44 FR 46819, Aug. 9, 1979]
Sec. 141.68 Time of entry.
(a) When entry documentation is filed without entry summary. When
the entry documentation is filed in proper form without an entry
summary, the ``time of entry'' will be:
(1) The time the appropriate CBP officer authorizes the release of
the merchandise or any part of the merchandise covered by the entry
documentation, or
(2) The time the entry documentation is filed, if requested by the
importer on the entry documentation at the time of filing, and the
merchandise already has arrived within the port limits; or
(3) The time the merchandise arrives within the port limits, if the
entry documentation is submitted before arrival, and if requested by the
importer on the entry documentation at the time of submission.
(b) When entry summary serves as entry and entry summary. When an
entry summary serves as both the entry documentation and entry summary,
in accordance with Sec. 142.3(b) of this chapter, the time of entry
will be the time the entry summary is filed in proper form with
estimated duties attached except as provided in Sec. 142.13(b).
(c) When merchandise is released under the immediate delivery
procedure. The time of entry of merchandise released under the immediate
delivery procedure will be the time the entry summary is filed in proper
form, with estimated duties attached.
(d) Quota-class merchandise. The time of entry for quota-class
merchandise will be the time of presentation of the entry summary or
withdrawal for consumption in proper form, with estimated duties
attached, or if the entry/entry summary information and a valid
scheduled statement date (pursuant to Sec. 24.25 of this chapter) have
been successfully received by CBP via the Automated Broker Interface,
without the estimated duties attached, as provided in Sec. 132.11a of
this chapter.
(e) When merchandise has not arrived. Merchandise will not be
authorized for release, nor will an entry or an entry
[[Page 28]]
summary which serves as both the entry and entry summary be considered
filed or presented, until the merchandise has arrived within the port
limits with the intent to unlade.
(f) Informal mail entry. The time of entry of merchandise under an
informal mail entry, CBP Form 3419 or 3419A or CBP Form 368 or 368A, is
the time the preparation of the entry documentation by a CBP employee is
completed.
(g) Withdrawal from warehouse for consumption. The time of entry of
merchandise withdrawn from warehouse for consumption (the process
preparatory to the issuance of a permit for the release of the
merchandise to or upon the order of the warehouse proprietor) is when:
(1) CBP Form 7501, or its electronic equivalent, is executed in
proper form and filed together with any related documentation required
by these regulations to be filed at the time of withdrawal, and
(2) Estimated duties, if any, required to be paid at the time of
withdrawal have been deposited.
Unless the requirements of this paragraph and section 315(a), Tariff Act
of 1930, as amended (19 U.S.C. 1315(a)), including the deposit of
estimated duties, if any, are completed within 60 days from the date of
presentation of CBP Form 7501, or its electronic equivalent, the request
for withdrawal will be considered abandoned.
(h) Appraisement entry, informal entry, combined entry for
rewarehouse and withdrawal for consumption, and entry under carnet. The
time of entry of merchandise under an appraisement entry, or informal
entry, CBP Form 7501, or its electronic equivalent, an informal entry,
CBP Form 368 or 368A (serially numbered) (or other form prescribed in
Sec. 143.23 or elsewhere in the chapter for use as an informal entry),
a combined entry for rewarehouse and withdrawal for consumption, CBP
Form 7519, or an A.T.A. carnet issued under part 114 of this chapter,
will be the time the specified form is executed in proper form and
filed, together with any related documents required by these
regulations, and estimated duties, if any, have been deposited. If
merchandise eligible for informal entry is released under a special
permit for immediate delivery and CBP Form 368 or 368A (serially
numbered) or 7501, or its electronic equivalent, is filed in accordance
with Sec. 142.23 of this chapter, the time of entry will be the time
CBP Form 368 or 368A or 7501 is filed in proper form, together with any
related documents required by this chapter, and estimated duties, if
any, have been deposited. However, if merchandise eligible for informal
entry is released under the entry documentation set forth in Sec.
142.3(a) of this chapter and CBP Form 368 or 368A (serially numbered) or
7501 is filed in accordance with Sec. 142.23, the time of entry will be
in accordance with paragraph (a) of this section.
(i) Exportation to Canada or Mexico of goods imported into the
United States under a duty-deferral program defined in Sec. 181.53 of
this chapter. When merchandise in a U.S. duty-deferral program is
withdrawn for exportation to Canada or Mexico or for entry into a duty-
deferral program in Canada or Mexico, the date of entry is the date the
entry is required to be filed under Sec. 181.53(a)(2)(iii) of this
chapter.
[T.D. 79-221, 44 FR 46819, Aug. 9, 1979]
Editorial Note: For Federal Register citations affecting Sec.
141.68, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 141.69 Applicable rates of duty.
The rates of duty applicable to merchandise shall be the rates in
effect at time of entry, as specified in Sec. 141.68, except as
otherwise specifically provided for by Executive Order, and in the
following cases:
(a) Warehouse entries. Merchandise entered for warehouse is dutiable
at the rates in effect at the time withdrawal from warehouse for
consumption is made in accordance with Sec. 141.68(g).
(b) Merchandise entered for immediate transportation. Merchandise
which is not subject to a quantitative or tariff-rate quota and which is
covered by an entry for immediate transportation made at the port of
original importation, if entered for consumption at the port designated
by the consignee or his agent in such transportation entry
[[Page 29]]
without having been taken into custody by the port director for general
order under section 490, Tariff Act of 1930, as amended (19 U.S.C.
1490), shall be subject to the rates in effect when the immediate
transportation entry was accepted at the port of original importation.
(c) Overcarried merchandise returned to port of entry. If
merchandise which has been entered for consumption, but not yet released
from Customs custody, is removed from the port or place of intended
release because of overcarriage, inaccessibility, strike, act of God, or
unforeseen contingency, and is returned to such port or place within 90
days after removal, such merchandise shall be subject to the rates in
effect at the time of the original entry, provided the merchandise is
identified with the original entry by the usual Customs examination and
by any documentary evidence as to its movement between its removal and
return which CBP may reasonably require. A new entry shall be required,
unless the original entry has not been liquidated and the consignee at
the time of original importation and at the time of return is the same
person.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44
FR 46820, Aug. 9, 1979; T.D. 90-34, 55 FR 17597, Apr. 26, 1990; T.D. 97-
82, 62 FR 51771, Oct. 3, 1997]
Subpart F_Invoices
Sec. 141.81 Invoice for each shipment.
A commercial invoice shall be presented for each shipment of
merchandise at the time the entry summary is filed, subject to the
conditions set forth in these regulations. Except in the case of
installment shipments provided for in Sec. 141.82, an invoice shall not
represent more than one distinct shipment of merchandise by one
consignor to one consignee by one vessel or conveyance.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-53, 43 FR
6069, Feb. 13, 1978; T.D. 79-221, 44 FR 46820, Aug. 9, 1979; T.D. 85-39,
50 FR 9612, Mar. 11, 1985; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]
Sec. 141.82 Invoice for installment shipments arriving
within a period of 10 days.
(a) One invoice sufficient. Installments of a shipment covered by a
single order or contract and shipped from one consignor to one consignee
may be included in one invoice if the installments arrive at the port of
entry by any means of transportation within a period of not to exceed 10
consecutive days.
(b) Preparation of invoice. The invoice must be prepared in the
manner provided for in this subpart and, when practicable, must show the
quantities, values, and other invoice data with respect to each
installment, the date of shipment of each installment, and the car
number or other identification of the importing conveyance in which it
was shipped.
(c) Pro forma invoice. If the required invoice is not filed with the
first entry of an installment series, a pro forma invoice must be filed
with each entry made before the required invoice is produced, and in
accordance with Sec. 141.91 a bond must be given, or charge against a
continuous bond made, for the production of the required invoice.
Liquidated damages will accrue in the case of each entry if more than 6
months expire without the production of an invoice for such entry.
(d) Informal entry. Any bona fide installment valued at not over
$2,500 (except for articles valued in excess of $250 classified in
Chapter 99, Subchapters III and IV. Harmonized Tariff Schedule of the
United States) may be entered on an informal entry in accordance with
subpart C of part 143 of this chapter, in which case such installment
need not be considered in connection with invoice requirements for the
balance of the series.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 75-27, 40 FR
3449, Jan. 22, 1975; T.D. 78-53, 43 FR 6069, Feb. 13, 1978; T.D. 84-213,
49 FR 41184, Oct. 19, 1984; T.D. 85-123, 50 FR 29954, July 23, 1985;
T.D. 89-1, 53 FR 51256, Dec. 21, 1988; T.D. 89-82, 54 FR 36026, Aug. 31,
1989; T.D. 93-66, 58 FR 44130, Aug. 19, 1993; T.D. 98-28, 63 FR 16417,
Apr. 3, 1998; CBP Dec. 12-19, 77 FR 72720, Dec. 6, 2012]
Sec. 141.83 Type of invoice required.
(a)-(b) [Reserved]
[[Page 30]]
(c) Commercial invoice. (1) A commercial invoice shall be filed for
each shipment of merchandise not exempted by paragraph (d) of this
section. The commercial invoice shall be prepared in the manner
customary in the trade, contain the information required by Sec. Sec.
141.86 through 141.89, and substantiate the statistical information
required by Sec. 141.61(e) to be given on the entry, entry summary, or
withdrawal documentation.
(2) CBP may accept a copy of a required commercial invoice in place
of the original. A copy, other than a photostatic or photographic copy,
shall contain a declaration by the foreign seller, the shipper, or the
importer that it is a true copy.
(d) Commercial invoice not required. A commercial invoice shall not
be required in connection with the filing of the entry, entry summary,
or withdrawal documentation for merchandise listed in this paragraph.
The importer, however, shall present any invoice, memorandum invoice, or
bill pertaining to the merchandise which may be in his possession or
available to him. If no invoice or bill is available, a pro forma (or
substitute) invoice, as provided for in Sec. 141.85, shall be filed,
and shall contain information adequate for the examination of
merchandise and the determination of duties, and information and
documentation which verify the information required for statistical
purposes by Sec. 141.61(e). The merchandise subject to the foregoing
requirements is as follows:
(1) [Reserved]
(2) Merchandise not intended for sale or any commercial use in its
imported condition or any other form, and not brought in on commission
for any person other than the importer.
(3)-(4) [Reserved]
(5) Merchandise returned to the United States after having been
exported for repairs or alteration under subheadings 9802.00.40 and
9802.00.60, Harmonized Tariff Schedule of the United States (19 U.S.C.
1202).
(6) Merchandise shipped abroad, not delivered to the consignee, and
returned to the United States.
(7) Merchandise exported from continuous Customs custody within 6
months after the date of entry.
(8) Merchandise consigned to, or entered in the name of, any agency
of the U.S. Government.
(9) Merchandise for which an appraisement entry is accepted.
(10) Merchandise entered temporarily into the Customs territory of
the United States under bond or for permanent exhibition under bond.
(11) Merchandise provided for in section 466, Tariff Act of 1930 (19
U.S.C. 1466), which pertain to certain equipment, repair parts, and
supplies for vessels.
(12) Merchandise imported as supplies, stores, and equipment of the
importing carrier and subsequently made subject to entry pursuant to
section 446, Tariff Act of 1930, as amended (19 U.S.C. 1446).
(13) Ballast (not including cargo used for ballast) landed from a
vessel and delivered for consumption.
(14) Merchandise, whether privileged or nonprivileged, resulting
from manipulation or manufacture in a foreign trade zone.
(15) Screenings contained in bulk importations of grain or seeds.
[T.D. 73-175, 38 FR 17447, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
141.83, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 141.84 Photocopies of invoice for separate entries of same shipment.
(a) Entries at one port. If by reason of accident or short shipment
a portion of the quantity covered by one invoice fails to arrive, or if
for any other reason only a portion of the quantity covered by one
invoice is entered under one entry, a photocopy of the commercial
invoice used in connection with the first entry, covering the quantity
to be entered under another entry, may be used in connection with the
subsequent entry of any portion of the merchandise not cleared under the
first entry.
(b) Entries from foreign-trade zone at one port. A photocopy of the
invoice filed with the first entry for consumption from a foreign-trade
zone of a portion of the merchandise shown on the invoice will not be
required for any subsequent entry for consumption from
[[Page 31]]
that zone at the same port of a portion of any merchandise covered by
such invoice, if a pro forma invoice is filed and identifies the entry
first made and the invoice then filed.
(c) Entries at different ports. When portions of a single shipment
requiring a commercial invoice are entered at different ports, the
importer may submit to the port director where the original invoice or
latest photocopy of the original invoice is on file, two photocopies of
the latest of such invoices to be certified as to merchandise previously
received, and the official seal affixed thereto.
(d) Pro forma invoice. In a case in which a portion of the shipment
is entered at the first port on a pro forma invoice, an entry at a
subsequent port may be made by means of a new pro forma invoice which
may cover only the merchandise then entered.
(e) Photocopy to satisfy bond for invoice. A properly certified
photocopy of a commercial invoice presented within 6 months after the
date of entry may be accepted to cancel the charges against the bond
given for the production of the commercial invoice.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49
FR 41184, Oct. 19, 1984; T.D. 85-39, 50 FR 9612, Mar. 11, 1985]
Sec. 141.85 Pro forma invoice.
A pro forma invoice submitted in accordance with any provision of
this chapter shall be in substantially the following form:
Pro Forma Invoice
Importers Statement Of Value Or The Price Paid In The Form Of An Invoice
Not being in possession of a commercial seller's or shipper's
invoice I request that you accept the statement of value or the price
paid in the form of an invoice submitted below:
Name of shipper_________________________________________________________
address ____________
Name of seller__________________________________________________________
address ____________;.
Name of consignee_______________________________________________________
address ____________.
Name of purchaser_______________________________________________________
address ____________.
The merchandise (has) (has not) been purchased or agreed to be
purchased by me.
The prices, or in the case of consigned goods the values, given
below are true and correct to the best of my knowledge and belief, and
are based upon: (Check basis with an ``X'')
(a) The price paid or agreed to be paid (_) as per order dated
______.
(b) Advices from exporter by letter (--) by cable (_) dated ______.
(c) Comparative values of shipments previously received (_) dated
______.
(d) Knowledge of the market in the country of exportation (_)
______.
(e) Knowledge of the market in the United States (if U.S. Value) (_)
______.
(f) Advice by CBP (_) ______.
(g) Other (_) ______.
----------------------------------------------------------------------------------------------------------------
D--Unit E--Total
A--Case marks B--Manufacturer's C--Quantities purchase purchase F--Unit G--Total
numbers item No. symbol or and full price price foreign foreign
brand description (currency) (currency) value value
----------------------------------------------------------------------------------------------------------------
..................... ................ ............. ............. ........... ...........
..................... ................ ............. ............. ........... ...........
----------------------------------------------------------------------------------------------------------------
Check which of the charges below are, and which are not included in the prices listed in columns ``D'' and
``E'':
------------------------------------------------------------------------
Not
Amount Included included
------------------------------------------------------------------------
Packing........................................... ......... .........
Cartage........................................... ......... .........
Inlandfreight..................................... ......... .........
Wharfage and loading abroad....................... ......... .........
Lighterage........................................ ......... .........
Ocean freight..................................... ......... .........
U.S. duties....................................... ......... .........
Other charges (identify by name and amount)....... ......... .........
Total............................................ ......... .........
------------------------------------------------------------------------
Country of origin ____________.
If any other invoice is received, I will immediately file it with an
authorized CBP official.
________________________________________________________________________
(Signature of person
making invoice)
________________________________________________________________________
(Title and firm name)
Date____________________________________________________________________
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 85-39, 50 FR
9612, Mar. 11, 1985]
[[Page 32]]
Sec. 141.86 Contents of invoices and general requirements.
(a) General information required on the invoice. Each invoice of
imported merchandise, must set forth the following information:
(1) The port of entry to which the merchandise is destined;
(2) The time when, the place where, and the person by whom and the
person to whom the merchandise is sold or agreed to be sold, or if to be
imported otherwise than in pursuance of a purchase, the place from which
shipped, the time when and the person to whom and the person by whom it
is shipped;
(3) A detailed description of the merchandise, including the name by
which each item is known, the grade or quality, and the marks, numbers,
and symbols under which sold by the seller or manufacturer to the trade
in the country of exportation, together with the marks and numbers of
the packages in which the merchandise is packed;
(4) The quantities in the weights and measures of the country or
place from which the merchandise is shipped, or in the weights and
measures of the United States;
(5) The purchase price of each item in the currency of the purchase,
if the merchandise is shipped in pursuance of a purchase or an agreement
to purchase;
(6) If the merchandise is shipped otherwise than in pursuance of a
purchase or an agreement to purchase, the value for each item, in the
currency in which the transactions are usually made, or, in the absence
of such value, the price in such currency that the manufacturer, seller,
shipper, or owner would have received, or was willing to receive, for
such merchandise if sold in the ordinary course of trade and in the
usual wholesale quantities in the country of exportation;
(7) The kind of currency, whether gold, silver, or paper;
(8) All charges upon the merchandise itemized by name and amount,
including freight, insurance, commission, cases, containers, coverings,
and cost of packing; and if not included above, all charges, costs, and
expenses incurred in bringing the merchandise from alongside the carrier
at the port of exportation in the country of exportation and placing it
alongside the carrier at the first United States port of entry. The cost
of packing, cases, containers, and inland freight to the port of
exportation need not be itemized by amount if included in the invoice
price, and so identified. Where the required information does not appear
on the invoice as originally prepared, it must be shown on an attachment
to the invoice;
(9) All rebates, drawbacks, and bounties, separately itemized,
allowed upon the exportation of the merchandise;
(10) The country of origin of the merchandise; and,
(11) All goods or services furnished for the production of the
merchandise (e.g., assists such as dies, molds, tools, engineering work)
not included in the invoice price. However, goods or services furnished
in the United States are excluded. Annual reports for goods and
services, when approved by the Center director, will be accepted as
proof that the goods or services were provided.
(b) Nonpurchased merchandise shipped by other than manufacturer.
Each invoice of imported merchandise shipped to a person in the United
States by a person other than the manufacturer and otherwise than
pursuant to a purchase or agreement to purchase must set forth the time
when, the place where, the person from whom such merchandise was
purchased, and the price paid therefor in the currency of the purchase,
stating whether gold, silver, or paper.
(c) Merchandise sold in transit. If the merchandise is sold on the
documents while in transit from the port of exportation to the port of
entry, the original invoice reflecting the transaction under which the
merchandise actually began its journey to the United States, and the
resale invoice or a statement of sale showing the price paid for each
item by the purchaser, must be filed as part of the entry, entry
summary, or withdrawal documentation. If the original invoice cannot be
obtained, a pro forma invoice showing the values and transaction
reflected by the original invoice must be filed together with the resale
invoice or statement.
(d) Invoice to be in English. The invoice and all attachments must
be in
[[Page 33]]
the English language, or must have attached thereto an accurate English
translation containing adequate information for examination of the
merchandise and determination of duties.
(e) Packing list. Each invoice must state in adequate detail what
merchandise is contained in each individual package.
(f) Weights and measures. If the invoice or entry does not disclose
the weight, gage, or measure of the merchandise which is necessary to
ascertain duties, the consignee must pay the expense of weighing,
gaging, or measuring prior to the release of the merchandise from CBP
custody.
(g) Discounts. Each invoice must set forth in detail, for each class
or kind of merchandise, every discount from list or other base price
which has been or may be allowed in fixing each purchase price or value.
(h) Numbering of invoices and pages--(1) Invoices. Except when
electronic invoice data are transmitted to CBP under the provisions of
part 143 of this chapter, when more than one invoice is included in the
same entry, each invoice with its attachments must be numbered
consecutively by the importer on the bottom of the face of each page,
beginning with No. 1.
(2) Pages. Except when electronic invoice data are transmitted to
CBP under the provisions of part 143 of this chapter, if the invoice or
invoices filed with one entry consist of more than two pages, each page
must be numbered consecutively by the importer on the bottom of the face
of each page, with the page numbering beginning with No. 1 for the first
page of the first invoice and continuing in a single series of numbers
through all the invoices and attachments included in one entry.
(3) Both invoices and pages. Except when electronic invoice data are
transmitted to CBP under the provisions of part 143 of this chapter,
both the invoice number and the page number must be shown at the bottom
of each page when applicable. For example, an entry covering one invoice
of one page and a second invoice of two pages must be paginated as
follows:
Inv. 1, p. 1.
Inv. 2, p. 2.
Inv. 2, p. 3
(i) Information may be on invoice or attached thereto. Any
information required on an invoice by any provision of this subpart may
be set forth either on the invoice or on an attachment thereto.
(j) Name of responsible individual. Each invoice of imported
merchandise must identify by name a responsible employee of the
exporter, who has knowledge, or who can readily obtain knowledge, of the
transaction.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44
FR 46820, Aug. 9, 1979; T.D. 85-39, 50 FR 9612, Mar. 11, 1985; CBP Dec.
09-47, 74 FR 69019, Dec. 30, 2009]
Sec. 141.87 Breakdown on component materials.
Whenever the classification or appraisement of merchandise depends
on the component materials, the invoice shall set forth a breakdown
giving the value, weight, or other necessary measurement of each
component material in sufficient detail to determine the correct duties.
Sec. 141.88 Computed value.
When the Center director determines that information as to computed
value is necessary in the appraisement of any class or kind of
merchandise, he shall so notify the importer, and thereafter invoices of
such merchandise shall contain a verified statement by the manufacturer
or producer of computed value as defined in Sec. 402(e), Tariff Act of
1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C.
1401a(e)).
[T.D. 87-89, 52 FR 24445, July 1, 1987]
Sec. 141.89 Additional information for certain classes of merchandise.
(a) Invoices for the following classes of merchandise, classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS), shall
set forth the additional information specified: [75-42, 75-239, 78-53,
83-251, 84-149.]
Aluminum and alloys of aluminum classifiable under subheadings
7601.10.60, 7601.20.60, 7601.20.90, or 7602.00.00, HTSUS (T.D. 53092,
55977, 56143)--Statement of the percentages by weight of any metallic
element contained in the article.
Articles manufactured of textile materials, Coated or laminated with
plastics or rubber,
[[Page 34]]
classifiable in Chapter(s) 39, 40, and 42--Include a description
indicating whether the fabric is coated or laminated on both sides, on
the exterior surface or on the interior surface.
Bags manufactured of plastic sheeting and not of a reinforced or
laminated construction, classified in Chapter 39 or in heading 4202--
Indicate the gauge of the plastic sheeting.
Ball or roller bearings classifiable under subheading 8482.10.50
through 8482.80.00, HTSUS (T.D. 68-306)--(1) Type of bearing (i.e.,
whether a ball or roller bearing); (2) If a roller bearing, whether a
spherical, tapered, cylindrical, needled or other type; (3) Whether a
combination bearing (i.e., a bearing containing both ball and roller
bearings, etc.); and (4) If a ball bearing (not including ball bearing
with integral shafts or parts of ball bearings), whether or not radial,
the following: (a) outside diameter of each bearing; and (b) whether or
not a radial bearing (the definition of radial bearing is, for Customs
purposes, an antifriction bearing primarily designed to support a load
perpendicular to shaft axis).
Beads (T.D. 50088, 55977)--(1) The length of the string, if strung;
(2) The size of the beads expressed in millimeters; (3) The material of
which the beads are composed, i.e., ivory, glass, imitation pearl, etc.
Bed linen and Bedspreads--Statement as to whether or not the article
contains any embroidery, lace, braid, edging, trimming, piping or
applique work.
Chemicals--Furnish the use and Chemical Abstracts Service number of
chemical compounds classified in Chapters 27, 28 and 29, HTSUS.
Colors, dyes, stains and related products provided for under heading
3204, HTSUS--The following information is required: (1) Invoice name of
product; (2) Trade name of product; (3) Identity and percent by weight
of each component; (4) Color Index number (if none, so state); (5) Color
Index generic name (if none so state); (6) Chemical Abstracts Service
number of the active ingredient; (7) Class of merchandise (state whether
acid type dye, basic dye, disperse dye, fluorescent brightener, soluble
dye, vat dye, toner or other (describe); (8) Material to which applied
(name the material for which the color, dye, or toner is primarily
designed).
Copper (T.D. 45878, 50158, 55977) articles classifiable under the
provisions of Chapter 74, HTSUS--A statement of the weight of articles
of copper, and a statement of percentage of copper content and all other
elements--by weight--to articles classifiable according to copper
content.
Copper ores and concentrates (T.D. 45878, 50158, 55977) classifiable
in heading 2603, and subheadings 2620.19.60, 2620.20.00, 2620.30.00, and
heading 7401--Statement of the percentages by weight of the copper
content and any other metallic elements.
Cotton fabrics classifiable under the following HTSUS headings:
5208, 5209, 5210, 5211, and 5212--(1) Marks on shipping packages; (2)
Numbers on shipping packages; (3) Customer's call number, if any; (4)
Exact width of the merchandise; (5) Detailed description of the
merchandise; trade name, if any; whether bleached, unbleached, printed,
composed of yarns of different color, or dyed; if composed of cotton and
other materials, state the percentage of each component material by
weight; (6) Number of single threads per square centimeter (All ply
yarns must be counted in accordance with the number of single threads
contained in the yarn; to illustrate: a cloth containing 100 two-ply
yarns in one square centimeter must be reported as 200 single threads);
(7) Exact weight per square meter in grams; (8) Average yarn number use
this formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.156
(9) Yarn size or sizes in the warp; (10) Yarn size or sizes in the
filling; (11) Specify whether the yarns are combed or carded; (12)
Number of colors or kinds (different yarn sizes or materials) in the
filling; (13) Specify whether the fabric is napped or not napped; and
(14) Specify the type of weave, for example, plain, twill, sateen,
oxford, etc., and (15) Specify the type of machine on which woven: if
with Jacquard (Jacq), if with Swivel (Swiv), if with Lappet (Lpt.), if
with Dobby (Dobby).
Cotton raw See Sec. 151.82 of this chapter for additional
information required on invoices.
Cotton waste (T.D. 5044)--(1) The name by which the cotton waste is
known, such as ``cotton card strips''; ``cotton comber waste''; ``cotton
lap waste''; ``cotton sliver waste''; ``cotton roving waste''; ``cotton
fly waste''; etc.; (2) Whether the length of the cotton staple forming
any cotton card strips covered by the invoice were made is less than
3.016 centimeters (1\3/16\ inches) or is 3.016 centimeters (1\3/16\
inches) or more.
Earthenware or crockeryware composed of a nonvitrified absorbent
body (including white granite and semiporcelain earthenware and cream-
colored ware, stoneware, and terra
[[Page 35]]
cotta, but not including common brown, gray, red, or yellow
earthenware), embossed or plain; common salt-glazed stoneware; stoneware
or earthenware crucibles; Rockingham earthenware; china, porcelain, or
other vitrified wares, composed of a vitrified nonabsorbent body which,
when broken, shows a vitrified, vitreous, semi-vitrified, or
semivitreous fracture; and bisque or parian ware (T.D. 53236)--(1) If in
sets, the kinds of articles in each set in the shipment and the quantity
of each kind of article in each set in the shipment; (2) The exact
maximum diameter, expressed in centimeters, of each size of all plates
in the shipment; (3) The unit value for each style and size of plate,
cup, saucer, or other separate piece in the shipment.
Fish or fish livers (T.D. 50725, 49640, 55977) imported in airtight
containers classifiable under Chapter 3, HTSUS--(1) Statement whether
the articles contain an oil, fat, or grease which has had a separate
existence as an oil, fat, or grease, (2) The name and quantity of any
such oil, fat, or grease.
Footwear, classifiable in headings 6401 through 6405 of the HTSUS--
1. Manufacturer's style number.
2. Importer's style and/or stock number.
3. Percent by area of external surface area of upper (excluding
reinforcements and accessories) which is:
Leather a. ____%
Composition Leather b. ____%
Rubber and/or plastics c. ____%
Textile materials d. ____%
Other (give separate e. ____%
Percent for each f. ____%
Type of material)
4. Percent by area of external Surface area of outersole (excluding
reinforcements and accessories) which is:
Leather a. ____%
Composition Leather b. ____%
Rubber and/or plastics c. ____%
Textile materials d. ____%
Other (give separate e. ____%
Percent for each f. ____%
Type of material)
You may skip this section if you choose to answer all questions A
through Z below.
I. If 3(a) is larger than any other percent in 3 and if 4(a) is
larger than any other percent in 4, answer questions F, G, L, M, O, Q,
R, S, and X.
II. If 3(a) is larger than any other percent in 3 and if 4(c) is
larger than any other percent in 4, answer questions F, G, L, M, N, O,
Q, S and X.
III. If 3(a) plus 3(b) is larger than any single percent in 3 and if
4(d), 4(e) or 4(f) is larger than any other percent in 4, stop.
IV. If 3(c) is larger than any other percent in 3 and if 4(a) or
4(b) is larger than any other percent in 4, stop.
V. If 3(c) is larger than any other percent in 3 and if 4(c) is
larger than any other percent in 4, answer questions B, E, F, G, H, J,
K, L, M, N, O, P, T and W.
VI. If 3(d) is larger than any other percent in 3 and if 4(a) plus
4(b) is larger than any single percent in 4, answer questions C and D.
VII. If 3(d) is larger than any other percent in 3 and if 4(c) is
larger than any other percent in 4, answer questions A, C, J, K, M, N, P
and T.
VIII. If 3(d) is larger than any other percent in 3 and if 4(d) is
larger than any other percent in 4, answer questions U, Y and Z.
IX. If the article is made of paper, answer questions V and Z.
If the article does not meet any of conditions I through IX above,
answer all questions A through Z, below.
________________________________________________________________________
________________________________________________________________________
A Percent of external surface area of upper (including leather
reinforcements and accessories)
Which is leather _____%
B Percent by area of external surface area of upper (including all
reinforcements and accessories).
Which is rubber and/or plastics _____%
C Percent by weight of rubber and/or plastics is _____%
D Percent by weight of textile materials plus rubber and/or plastics is
_____%
E Is it waterproof?
F Does it have a protective metal toe cap?
G Will it cover the wearer's ankle bone?
H Will it cover the wearer's knee cap?
I [Reserved.]
J Is it designed to protect against water, oil, grease, or chemicals, or
cold or inclement weather?
K Is it a slip-on?
L Is it a downhill or cross-country skiboot?
M Is it serious sports footwear other than skiboots? (Chapter 64
subheading note defines sports footwear.)
N Is it a tennis, basketball, gym, or training shoe or the like?
O Is it made on a base or platform of wood?
P Does it have open toes or open heels?
Q Is it made by the (lipped insole) welt construction?
R Is it made by the turned construction?
S Is it worn exclusively by men, boys or youths?
T Is it made by an exclusively adhesive construction?
U Are the fibers of the upper, by weight, predominately vegetable
fibers?
V Is it disposable, i.e., intended for one-time use?
W Is it a ``Zori''?
X Is the leather in the upper pigskin?
Y Are the sole and upper made of woolfelt?
Z Is there a line of demarcation between the outer sole and upper?
[[Page 36]]
The information requested above may be furnished on CF 5523 or other
appropriate format by the exporter, manufacturer or shipper.
Also, the following information must be furnished by the importer or
his authorized agent if classification is claimed under one of the
subheadings below:
If subheading 6401.99.80, 6402.19.10, 6402.30.30, 6402.91.40,
6402.99.15, 6402.99.30, 6406.11.40, 6404.11.60, 6404.19.35, 6404.19.40,
or 6404.19.60 is claimed:
Does the shoe have a foxing or foxing-like band? If so, state its
materials(s).
Does the sole overlap the upper other than just at the front of the
toe and/or at the back of the heel?
Definitions for some of the terms used in questions A to Z above:
For the purpose of this section, the following terms have the
approximate definitions below. If either a more complete definition or a
decision as to its application to a particular article is needed, the
maker or importer of record (or the agent of either) should contact
Customs prior to entry of the article.
a. In an exclusively adhesive construction, all of the piece(s) of
the bottom would separate from the upper or from each other if all
adhesives, cements, and glues were dissolved. It includes shoes in which
the pieces of the upper are stitched to each other, but not to any part
of the bottom. Examples include:
1. Vulcanized construction footwear;
2. Simultaneous molded construction footwear;
3. Molded footwear in which the upper and the bottom are one piece
of molded rubber or plastic, and
4. Footwear in which staples, rivets, stitching, or any of the
methods above are either primary or just extra or auxiliary, even though
adhesive is a major part of the reason the bottom will not separate from
the upper.
b. Composition leather is made by binding together leather fibers or
small pieces of natural leather. It does not include imitation leathers
not based on natural leather.
c. Leather is the tanned skin of any animal from which the fur or
hair has been removed. Tanned skins coated or laminated with rubber and/
or plastics are ``leather'' only if the leather gives the material its
essential character.
d. A line of demarcation exists if one can indicate where the sole
ends and the upper begins. For example, knit booties do not normally
have a line of demarcation.
e. Men's, boys' and youths' sizes cover footwear of American youths
sizes 11\1/2\ and larger for males, and do not include footwear commonly
worn by both sexes. If more than 4% of the shoes sold in a given size
will be worn by females, that size is ``commonly worn by both sexes.''
f. Footwear is designed to protect against water, oil or cold or
inclement weather only if it is substantially more of a protection
against those items than the usual shoes of that type. For example,
leather oxfords will clearly keep one's feet warmer and drier than going
barefoot, but they are not a protection in this sense. On the other hand
the snow-jobber is the protective version of the nonprotective jogging
shoe.
g. Rubber and/or plastics includes any textile material visibly
coated (or covered) externally with one or both of those materials.
h. Slip-on includes:
1. A boot which must be pulled on.
2. Footwear with elastic cores which must be stretched to get it on,
but not bootwear having a separate piece of elasticized fabric which
forms a full circle around the foot or ankle.
i. Sports footwear includes only:
(1) Footwear which is designed for a sporting activity and has, or
has provision for, the attachment of spikes, sprigs, cleats, stops,
clips, bars or the like;
(2) Skating boots (without skates attached), ski boots and cross-
country ski footwear, wrestling boots, boxing boots and cycling shoes.
j. Tennis shoes, basketball shoes, gym shoes, training shoes and the
like covers athletic footwear other than sports footwear, whether or not
principally used for such athletic games or purposes.
k. Textile materials are made from cotton, other vegetable fibers,
wool, hair, silk or man-made fibers. Note: Cork, wood carboard and
leather are not textile materials.
l. In turned construction, the upper is stitched to the leather sole
wrong side out and the shoe is then turned right side out.
m. Vegetable fibers include cotton, flax and ramie, but do not
include either rayon or plaiting materials such as rattan or wood
strips.
n. Waterproof footwear includes footwear designed to protect against
penetration by water or other liquids, whether or not such footwear is
primarily designed for such purposes.
o. Welt footwear means footwear constructed with a welt, which
extends around the edge of the outer sole, and in which the welt and
shoe upper are sewed to a lip on the surface of the insole, and the
outer sole is sewed or cemented to the welt.
p. A zori has an upper consisting only of straps or thongs of molded
rubber or plastic. This upper is assembled to a foamed rubber or plastic
sole by means of plugs.
Fur products and furs (T.D. 53064)--(1) Name or names (as set forth
in the Fur Products Name Guide (16 CFR 301.0) of the animal or animals
that produced the fur, and such qualifying statements as may be required
pursuant to Sec. 7(c) of the Fur Products Labeling Act (15 U.S.C.
69e(c)); (2) A statement that the fur product contains or is composed
[[Page 37]]
of used fur, when such is the fact; (3) A statement that fur product
contains or is composed of bleached, dyed, or otherwise artificially
colored fur, when such is the fact; (4) A statement that the fur product
is composed wholly or in substantial part of paws, tails, bellies, or
waste fur, when such is the fact; (5) Name and address of the
manufacturer of the fur product; (6) Name of the country of origin of
the furs or those contained in the fur product.
Glassware and other glass products (T.D. 53079, 55977)--Classifiable
under Heading 7013 HTSUS--Statement of the separate value of each
component article in the set.
Gloves--State if the merchandise has a plastics or a rubber
exterior. (See Chapter 59, Note 2(a)(3)).
Grain or grain and screenings (T.D. 51284)--Statement on Customs
invoices for cultivated grain or grain and screenings that no screenings
are included with the grain, or, if there are screenings included, the
percentage of the shipment which consists of screenings commingled with
the principal grain.
Handkerchiefs--(1) State the exact dimensions (length and width) of
the merchandise; (2) If of cotton indicate whether the handkerchief is
hemmed and whether it contains lace or embroidery.
Hats or headgear--(1) If classifiable under subheading 6502.00.40 or
6502.00.60, HTSUS--Statement as to whether or not the article has been
bleached or colored; (2) If classifiable under subheadings 6502.00.20
through 6502.00.60 or 6504.00.30 through 6504.00.90, HTSUS--Statement as
to whether or not the article is sewed or not sewed, exclusive of any
ornamentation or trimming.
Hosiery--(1) Indicate whether a single yarn measures less than 67
decitex. (2) Indicate whether the hosiery is full length, knee length,
or less than knee length. (3) Indicate whether it contains lace or net.
Iron or steel classifiable in Chapter 72 or headings 7301 to 7307,
HTSUS (T.D. 53092, 55977)--Statement of the percentages by weight or
carbon and any metallic elements contained in the articles, in the form
of a mill analysis or mill test certificate.
Iron oxide (T.D. 49989, 50107)--For iron oxide to which a reduced
rate of duty is applicable, a statement of the method of preparation of
the oxide, together with the patent number, if any.
Machines, equipment and apparatus--Chapters 84 and 85, HTSUS--A
statement as to the use or method of operation of each type of machine.
Machine parts (T.D. 51616)--Statement specifying the kind of machine
for which the parts are intended, or if this is not known to the
shipper, the kinds of machines for which the parts are suitable.
Machine tools: (1) Headings 8456 through 8462--machine tools covered
by these headings equipped with a CNC (Computer Numerical Control) or
the facings (electrical interface) for a CNC must state so; (2) Headings
8458 through 8463--machine tools covered by these headings if used or
rebuilt must state so; (3) Subheading 8456.30.10--EDM: (Electical
Discharge Machines) if a Traveling Wire (Wire Cut) type must state so.
Wire EDM's use a copper or brass wire for the electrode; (4) Subheading
8457.10.00--Machining Centers. Must state whether or not they have an
ATC (Automatic Tool Changer). Vertical spindle maching centers with an
ATC must also indicate the Y-travel; (5) Subheading 8458.11.0030 through
8458.11.0090--horizontal lathes: numerically controlled. Must indicate
the rated HP (or KW rating) of the main spindle motor. Use the
continuous rather than the 30 minute rating.
Madeira embroideries (T.D. 49988)--(1) With respect to the materials
used, furnish: (a) country of production; (b) width of the material in
the piece; (c) name of the manufacturer; (d) kind of material,
indicating manufacturer's quality number; (e) landed cost of the
material used in each item; (f) date of the order; (g) date of the
invoice; (h) invoice unit value in the currency of the purchase; (i)
discount from purchase price allowed, if any; (2) With respect to the
finished embroidered articles, furnish: (a) manufacturers's name, design
number, and quality number; (b) importer's design number, if any; (c)
finished size; (d) number of embroidery points per unit of quantity; (e)
total for overhead and profit added in arriving at the price or value of
the merchandise covered by the invoice.
Motion-picture films--(1) Statement of footage, title, and subject
matter of each film; (2) Declaration of shipper, cameraman, or other
person with knowledge of the facts identifying the films with the
invoice and stating that the basic films were to the best of his
knowledge and belief exposed abroad and returned for use as newsreel;
(3) Declaration of importer that he believes the films entered by him
are the ones covered by the preceding declaration and that the films are
intended for use as newsreel.
Paper classifiable in Chapter 48--Invoices covering paper shall
contain the following information, or will be accompanied by
specification sheets containing such information:
(1) Weight of paper in grams per square meter; (2) Thickness, in
micrometers (microns); (3) If imported in rectangular sheets, length and
width of sheets, in cm; (4) if imported in strips, or rolls, the width,
in cm. In the case of rolls, the diameter of rolls in cm; (5) Whether
the paper is coated or impregnated, and with what materials; (6) Weight
of coating, in grams per square meter; (7) Percentage by weight of the
total fiber content consisting of wood fibers obtained by a mechanical
process, chemical sulfate or soda process, chemical sulfite process, or
semi-
[[Page 38]]
chemical process, as appropriate; (8) Commercial designation, as
``Writing'', ``Cover'', ``Drawing'', ``Bristol'', ``Newsprint'', etc.;
(9) Ash content; (10) Color; (11) Glaze, or finish; (12) Mullen bursting
strength, and Mullen index; (13) Stretch factor, in machine direction
and in cross direction; (14) Tear and tensile readings; in machine
direction, in cross direction, and in machine direction plus cross
direction; (15) Identification of fibers as ``hardwood'' where
appropriate; (16) Crush resistance; (17) Brightness; (18) Smoothness;
(19) If bleached, whether bleached uniformly throughout the mass; (20)
Whether embossed, perforated, creped or crinkled.
Plastic plates, sheets, film, foil and strip of headings 3920 and
3921--(1) Statement as to whether the plastic is cellular or
noncellular; (2) Specification of the type of plastic; (3) Indication of
whether or not flexible and whether combined with textile or other
material.
Printed matter classificable in Chapter 49--Printed matter entered
in the following headings shall have, on or with the invoices covering
such matter, the following information: (1) Heading 4901--(a) Whether
the books are: dictionaries, encyclopedias, textbooks, bound newspapers
or journals or periodicals, directories, bibles or other prayer books,
technical, scientific or professional books, art or pictorial books, or
``other'' books; (b) if ``other'' books, whether hardbound or
paperbound; (c) if ``other'' books, paperbound, other than ``rack
size'': number of pages (excluding covers). (2) Heading 4902--(a)
Whether the journal or periodical appears at least four times a week. If
the journal or periodical appears other than at least four times a week,
whether it is a newspaper supplement printed by a gravure process, is it
a newspaper, business or professional journal or periodical, or other
than these; (3) Heading 4904--Whether the printed or manuscript music is
sheet music, not bound (except by stapling or folding); (4) Heading
4905--(a) Whether globes or not; (b) if not globes, whether in book form
or not; (c) in any case, whether or not in relief; (5) Heading 4908--
Whether or not vitrifiable; (6) Heading 4904--Whether post cards,
greeting cards, or other; (7) Heading 4910--(a) Whether or not printed
on paper by a lithographic process; (b) if printed on paper by a
lithographic process, the thickness of the paper, in mm; (8) Subheading
4911.91--(a) Whether or not printed over 20 years at time of
importation; (b) if printed not over 20 years at time of importation,
whether suitable for use in the production of articles of heading 4901;
(c) if not printed over 20 years at time of importation, and not
suitable for use in the production of articles of heading 4901, whether
the merchandise is lithographs on paper or paperboard; (d) if
lithographs on paper or paperboard, under the terms of the immediately
preceding description, thickness of the paper or paperboard, and whether
or not posters; (e) in any case, whether or not posters; (f) in any
case, whether or not photographic negatives or positives on transparent
bases; (g) Subheading 4911.99--If not carnets, or parts thereof, in
English or French, whether or not printed on paper in whole or in part
by a lithographic process.
Pulp classifiable in Chapter 47--(1) Invoices covering chemical
woodpulp, dissolving grades, in Heading 4702 shall state the insoluble
fraction (as a percentage) after 1 hour in a caustic soda solution
containing 18% sodium hydroxide (NaOH) at 20 [deg]C; (2) Subheading
4702.00.0020--Pulp entered under this subheading shall in addition
contain on or with the invoice the ash content as a percentage to the
third decimal point, by weight.
Refrigeration equipment--(1) Refrigerator-freezers classifiable
under subheading 8418.10.00 and (2) refrigerators classifiable under
subheading 8418.21.00--(a) Statement as to whether they are compression
or absorption type; (b) Statement of their refrigerated volume in
liters. (3) Freezers classifiable under subheading 8418.30.00 and
8418.40.00--Statement as to whether they are chest or upright type. (4)
Liquid chilling refrigerating units classifiable under subheadings
8418.69.0045 through 8418.69.0060--Statement as to whether they are
centrifugal open-type, centrifugal hermetic-type, absorption-type or
reciprocating type.
Rolling mills--Subheadings 8455.30.0005 through 8455.30.0085. Rolls
for rolling mills: Indicate the composition of the roll--gray iron, cast
steel or other--and the weight of each roll.
Rubber products of Chapter 40--(1) Statement as to whether combined
with textile or other material; (2) Statement whether the rubber is
cellular or noncellular, unvulcanized or vulcanized, and if vulcanized,
whether hard rubber or other than hard rubber.
Screenings or scalpings of grains or seeds (T.D. 51096)--(1) Whether
the commodity is the product of a screening process; (2) If so, whether
any cultivated grains have been added to such commodity; (3) If any such
grains have been added, the kind and percentage of each.
Textile fiber products (T.D. 55095)--(1) The constituent fiber or
combination of fibers in the textile fiber product, designating with
equal prominence each natural or manufactured fiber in the textile fiber
product by its generic name in the order of predominance by the weight
thereof if the weight of such fiber is 5 per centum or more of the total
fiber weight of the product; (2) The percentage of each fiber present,
by weight, in the total fiber content of the textile fiber product; (3)
The name, or other identification issued and registered by the Federal
Trade Commission, of the manufacturer of the
[[Page 39]]
product or one or more persons subject to Sec. 3 of the Textile Fiber
Products Identification Act (15 U.S.C. 70a) with respect to such
product; (4) The name of the country where processed or manufactured.
See also ``Wearing Apparel'' below.
Tires and tubes for tires, of rubber or plastics--(1) Specify the
kind of vehicle for which the tire is intended, i.e., airplane, bicycle,
passenger car, on-the-highway light or heavy truck or bus, motorcycle;
(2) If designed for tractors provided for in subheading 8701.90.10 or
for agricultural or horticultural machinery or implements provided for
in Chapter 84 or in subheading 8716.80.10, designate whether the tire is
new, recapped, or used; pneumatic or solid; (3) Indicate whether the
tube is designed for tires provided for in subheading 4011.91.10,
4011.99.10, 4012.10.20, or 4012.20.20.
Tobacco (including tobacco in its natural state) (T.D. 44854,
45871)--(1) Specify in detail the character of the tobacco in each bale
by giving (a) country and province of origin, (b) year of production,
(c) grade or grades in each bale, (d) number of carrots or pounds of
each grade if more than one grade is packed in a bale, (e) the time
when, place where, and person from whom purchased, (f) price paid or to
be paid for each bale or package, or price for the vega or lot if
purchased in bulk, or if obtained otherwise than by purchase, state the
actual market value per bale; (2) If an invoice covers or includes bales
of tobacco which are part of a vega or lot purchased in bulk, the
invoice must contain or be accompanied by a full description of the vega
or lot purchased; or if such description has been furnished with a
previous importation, the date and identity of such shipment; (3)
Packages or bales containing only filler leaf shall be invoiced as
filler; when containing filler and wrapper but not more than 35 percent
of wrapper, they shall be invoiced as mixed; and when containing more
than 35 percent of wrapper, they shall be invoiced as wrapper.
Watches and watch movements classifiable in Chapter 91 of the
HTSUS--For all commercial shipments of such articles, there shall be
required to be shown on the invoice, or on a separate sheet attached to
and constituting a part of the invoice, such information as will reflect
with respect to each group, type, or model, the following:
(A) For watches, a thorough description of the composition of the
watch cases, the bracelets, bands or straps; the commercial description
(ebauche caliber number, ligne size and number of jewels) of the
movements contained in the watches; and the type of battery
(manufacturer's name and reference number), if the watch is battery-
operated;
(B) For watch movements, the commercial description (ebauche caliber
number, ligne size and number of jewels). If battery-operated, the type
of battery (manufacturer's name and reference number);
(C) The name of the manufacturer of the exported watch movements and
the name of the country in which the movements were manufactured.
Wearing apparel--(1) All invoices for textile wearing apparel should
indicate a component material breakdown in percentages by weight for all
component fibers present in the entire garment, as well as separate
breakdowns of the fibers in the (outer) shell (exclusive of linings,
cuffs, waistbands, collars and other trimmings) and in the lining. (2)
For garments which are constructed of more than one component or
material (combinations of knit and not knit fabric or combinations of
knit and/or not knit fabric with leather, fur, plastic including vinyl,
etc.), the invoice must show a fiber breakdown in percentages by weight
for each separate textile material in the garment and a breakdown in
percentages by weight for each nontextile material for the entire
garment; (3) For woven garments--Indicate whether the fabric is yarn
dyed and whether there are ``two or more colors in the warp and/or
filling''; (4) For all-white T-shirts and singlets--Indicate whether or
not the garment contains pockets, trim, or embroidery; (5) For
mufflers--State the exact dimensions (length and width) of the
merchandise.
Wood products--(1) Wood sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (lumber), classifiable under Chapter 44, heading 4407,
HTSUS, and wood continuously shaped along any of its edges or faces,
whether or not planed, sanded or finger-jointed: Coniferous: Subheading
4409.10.90 and Nonconiferous: Subheading 4409.20.90, HTSUS, and dutiable
on the basis of cubic meters--
Quantity in cubic meters (m) before dressing; (2) Fiberboard of wood
or other ligneous materials whether or not bonded with resins or other
organic substances, under Chapter 44, Heading 4411, HTSUS, and
classifiable according to its density--Density in grams per cubic
centimeter (cm); (3) Plywood consisting solely of sheets of wood,
classifiable under Chapter 44, Subheading 4412.11, 4412.12, and 4412.19,
HTSUS, and classifiable according to the thickness of the wood sheets--
Thickness of each ply in millimeter (mm).
Wool and hair--See Sec. 151.62 of this chapter for additional
information required on invoices.
Wool products, except carpets, rugs, mats, and upholsteries, and
wool products made more than 20 years before importation (T.D. 50388,
51019)--(1) The percentage of the total fiber weight of the wool
product, exclusive of ornamentation not exceeding 5 per centum of said
total fiber weight, of (a) wool; (b) reprocessed wool; (c) reused wool;
(d) each fiber other than wool if said percentage by weight
[[Page 40]]
of such fiber is 5 per centum or more; and (e) the aggregate of all
other fibers; (2) the maximum percentage of the total weight of the wool
product, of any nonfibrous loading, filling, or adulterating matter; and
(3) the name of the manufacturer of the wool product, except when such
product consists of mixed wastes, residues, and similar merchandise
obtained from several suppliers or unknown sources.
Woven fabric of man-made fibers in headings 5407, 5408, 5512, 5513,
5514, 5515, 5516--
(1) State the exact width of the fabric;
(2) Provide a detailed description of the merchandise, (trade name,
if any);
(3) Indicate whether bleached, unbleached, dyed, of yarns of
different colors and/or printed;
(4) If composed of more than one material, list percentage by weight
in each;
(5) Identify the man-made fibers as artificial or synthetic,
filament or staple, and state whether the yarns are high tenacity.
Specify the number of turns per meter in each yarn;
(6) Specify yarn sizes in warp and filling;
(7) Specify how the fabric is woven (plain weave, twill, sateen,
dobby, jacquard, swivel, lappet, etc.);
(8) Indicate the number of single threads per square centimeter in
both warp and filling;
(9) Supply the weight per square meter in grams;
(10) Provide the average yarn number using this formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.157
(11) For spun yarns, specify whether combed or carded.
(12) For filament yarns, specify whether textured or not textured.
Yarns--(1) All yarn invoices should show: (a) Fiber content by
weight; (b) whether single or plied; (c) whether or not put up for
retail sale (See Section XI, Note 4, HTSUS); (d) whether or not intended
for use as sewing thread;
(2) If chief weight of silk--show whether spun or filament;
(3) If chief weight of cotton--show:
(a) Whether combed or uncombed
(b) Metric number (mn)
(c) Whether bleached and/or mercerized;
(4) If chief weight of man-made fiber--show:
(a) Whether filament, or spun, or a combination of filament and spun
(b) If a combination of filament and spun--give percentage of
filament and spun by weight.
(5) If chief weight of filament man-made fiber--show:
(a) Whether high tenacity (See Section XI, note 6 HTSUS).
(b) Whether monofilament, multifilament or strip
(c) Whether texturized
(d) Yarn number in decitex
(e) Number of turns per meter
(f) For monofilaments--show cross sectional dimension in millimeters
(g) For strips--show the width of the strip in millimeters (measure
in folded or twisted condition if so imported).
[T.D. 73-175, 38 FR 17447, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
141.89, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 141.90 Notation of tariff classification and value on invoice.
(a) [Reserved]
(b) Classification and rate of duty. The importer or customs broker
must include on the invoice or with the invoice data the appropriate
subheading under the provisions of the Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202) and the rate of duty for the merchandise
being entered. Except when invoice line data are linked to an entry
summary line and transmitted to CBP electronically under the provisions
of part 143, that information must be noted by the importer or customs
broker in the left-hand portion of the invoice, next to the articles to
which they apply.
(c) Value. The importer must show in clear detail on the invoice or
on an attached statement the computation of all deductions from total
invoice value, such as nondutiable charges, and all additions to invoice
value which have been made to arrive at the aggregate entered value. In
addition, the entered unit value for each article on the invoice must be
shown where it is different from the invoiced unit value.
[[Page 41]]
(d) Importer's notations in blue or black ink. Except when invoice
line data are linked to an entry summary line and transmitted to CBP
electronically under the provisions of part 143, all notations made on
the invoice by the importer or customs broker must be in blue or black
ink.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 89-1, 53 FR
51262, Dec. 21, 1988; T.D. 99-64, 64 FR 43266, Aug. 10, 1999; CBP Dec.
09-47, 74 FR 69019, Dec. 30, 2009]
Sec. 141.91 Entry without required invoice.
If a required invoice is not available in proper form at the time
the entry or entry summary documentation is filed and a waiver is not
granted in accordance with Sec. 141.92, the entry or entry summary
documentation shall be accepted only under the following conditions:
(a) CBP is satisfied that the failure to produce the required
invoice is due to a cause beyond the control of the importer;
(b) The importer files:
(1) A written declaration that he is unable to produce such invoice,
and
(2) Any seller's or shipper's invoices available to him or, if none
are available, a pro forma invoice in accordance with Sec. 141.85;
(c) The invoices and other documents contain information adequate
for the examination of merchandise, the determination of estimated
duties, if any, and statistical purposes; and
(d) The importer files a bond on Customs Form 301, containing the
bond conditions set forth in Sec. 113.62 of this chapter, in an amount
equal to one and one-half the invoice value of the merchandise, for the
production of the required invoice, which must be produced within 120
days after the date of the filing of the entry summary (or the entry, if
there is no entry summary) documentation, unless the invoice is needed
for statistical purposes. If needed for statistical purposes, the
invoice shall be produced within 50 days after the date of the entry
summary (or the entry, if there is no entry summary) is required to be
filed, unless a reasonable extension of time is granted by the Center
director for good cause shown.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44
FR 46821, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D.
85-167, 50 FR 40363, Oct. 3, 1985; T.D. 93-66, 58 FR 44130, Aug. 19,
1993]
Sec. 141.92 Waiver of invoice requirements.
(a) When waiver may be granted. CBP may waive production of a
required invoice when he is satisfied that either:
(1) The importer cannot by reason of conditions beyond his control
furnish a complete and accurate invoice; or
(2) The examination of merchandise, final determination of duties,
and collection of statistics can be effected properly without the
production of the required invoice.
(b) Documents to be filed by importer. As a condition to the
granting of a waiver, the importer shall file the following documents
with the entry:
(1) Any invoice or invoices received from the seller or shipper;
(2) A statement pointing out in exact detail any inaccuracies,
omissions, or other defects in such invoice or invoices;
(3) An executed pro forma invoice in accordance with Sec. 141.85;
and
(4) Any other information required by the Center director for either
appraisement or classification of the merchandise, or for statistical
purposes.
(c) Satisfaction of bond liability. The liability under the bond on
Customs Form 301, containing the bond conditions set forth in Sec.
113.62 of this chapter for the production of a correct invoice shall be
deemed satisfied when a waiver has been granted pursuant to this
section.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-53, 43 FR
6070, Feb. 13, 1978; T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 84-
213, 49 FR 41184, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984; T.D. 93-66,
58 FR 44130, Aug. 19, 1993]
[[Page 42]]
Subpart G_Deposit of Estimated Duties
Sec. 141.101 Time of deposit.
Estimated duties shall either be deposited with the Customs officer
designated to receive the duties at the time of the filing of the entry
documentation or the entry summary documentation when it serves as both
the entry and entry summary, or be transmitted to Customs according to
the statement processing method as described in Sec. 24.25 of this
chapter, except in the following cases:
(a) Merchandise released under entry documentation. In the case of
merchandise released under the entry documentation listed in Sec. 142.3
of this chapter before filing of the entry summary, deposit of estimated
duties shall be made at the time the entry summary is filed unless the
merchandise is entered for warehouse. If the merchandise is entered for
warehouse, estimated duties shall be deposited in accordance with
paragraph (b) of this section.
(b) Warehouse entry. In the case of merchandise entered for
warehouse, deposit of estimated duties shall be made at the time the
withdrawal for consumption is presented.
(c) Informal mail entry. In the case of merchandise entered under an
informal mail entry, duties shall be paid to the postal employee at the
time he delivers the merchandise to the addressee (see part 145 of this
chapter).
(d) Appraisement entries. In the case of merchandise entered under
an appraisement entry, deposit of estimated duties shall be made
immediately after notification by the appropriate Customs officer of the
amount of duties due.
(e) Entry for transportation or under bond. No deposit of estimated
duties is applicable in the case of merchandise entered for
transportation or temporarily imported under bond, entered for permanent
exhibition under bond, entered for a trade fair under bond or entered
under bond for similar reasons.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44
FR 46821, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; 49 FR
44867, Nov. 9, 1984; T.D. 89-104, 54 FR 50498, Dec. 7, 1989]
Sec. 141.102 When deposit of estimated duties, estimated taxes,
or both not required.
Entry or withdrawal for consumption in the following situations may
be made without depositing the estimated Customs duties, or estimated
taxes, or both, as specifically noted:
(a) Cigars and cigarettes. A qualified dealer or manufacturer may
enter or withdraw for consumption cigars, cigarettes, and cigarette
papers and tubes without payment of internal revenue tax in accordance
with Sec. 11.2a of this chapter.
(b) Bulk distilled spirits transferred to the bonded premises of a
distilled spirits plant. An importer may transfer distilled spirits in
bulk to the bonded premises of a distilled spirits plant, without the
payment of tax, under the provisions of section 5232(a), Internal
Revenue Code of 1986 (26 U.S.C. 5232(a)), and the regulations of the
Bureau of Alcohol, Tobacco and Firearms (27 CFR part 251).
(c) Deferral of payment of taxes on alcoholic beverages. An importer
may pay on a semimonthly basis the estimated internal revenue taxes on
all the alcoholic beverages entered or withdrawn for consumption during
that period, under the procedures set forth in Sec. 24.4 of this
chapter.
(d) Government entries. If a shipment is entered or withdrawn for
consumption by a U.S. Government department or agency, or an authorized
representative thereof, no deposit of estimated Customs duties or taxes
shall be required if a stipulation is furnished in lieu of the bond. The
proper department or agency will then be billed after liquidation of the
entry for any duties or charges due. The stipulation shall be in the
following form:
I, __________________ (title), a duly authorized representative of the__
________________________________________________________________________
(name of U.S. Government department or agency) stipulate and agree on
behalf of such department or agency that all applicable provisions of
the Tariff Act of 1930, as amended, and the regulations thereunder, and
of all other laws and regulations, relating to__________________________
________________________________________________________________________
(type of entry)
________________________________________________________________________
[[Page 43]]
entry No. ______, of ______ (date) will be observed and complied with in
all respects.
________________________________________________________________________
(Signature)
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-329, 43
FR 43455, Sept. 26, 1978; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D.
89-65, 54 FR 28414, July 6, 1989; T.D. 92-31, 57 FR 10989, Apr. 1, 1992;
CBP Dec. 08-25, 73 FR 40727, July 16, 2008]
Sec. 141.103 Amount to be deposited.
Estimated duties shall be deposited in an amount to sufficiently
cover the prospective duties on each item being entered or withdrawn.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 99-64, 64 FR
43266, Aug. 10, 1999]
Sec. 141.104 Computation of duties.
In computing estimated duties, fractional parts of dollars and
quantities shall be rounded off in accordance with Sec. 159.3 of this
chapter.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 99-64, 64 FR
43266, Aug. 10, 1999]
Sec. 141.105 Voluntary deposit of additional duties.
If either the importer of record or the actual owner whose
declaration and superseding bond have been filed in accordance with
Sec. 141.20 desires, he may estimate, on the basis of information
contained in the entry papers or obtainable from the Center director,
the probable amount of unpaid duties which will be found due on the
entire entry and deposit them in whole or in part with CBP, either at
the port of entry or electronically. The deposit shall be tendered in
writing in the following form in the number of copies required for the
purposes of local administration, and an official receipt shall be given
for the deposit:
Date ____________.
To CBP,_________________________________________________________________
__________________.
Tender is hereby voluntarily made of $______ as a supplemental
deposit of estimated duties and taxes on ______ entry No. ______, dated
______, in the name of ______. Please provide an official receipt.
________________________________________________________________________
(Importer of record) or (actual owner)
________________________________________________________________________
(Street address)
________________________________________________________________________
(City) (State)
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by CBP Dec. No. 16-
26, 81 FR 93019, Dec. 20, 2016]
Subpart H_Release of Merchandise
Sec. 141.111 Carrier's release order.
(a) When required. Except where release is made directly to the
carrier in accordance with Sec. 141.11(b), no merchandise shall be
released from Customs custody until a release order has been executed by
the carrier, or, in the case of merchandise in a bonded warehouse, by
the warehouse proprietor.
(b) Form of release. The release order may be executed on any of the
following documents:
(1) [Reserved]
(2) The official entry form;
(3) A combined carrier's certificate and release order issued in
accordance with Sec. 141.11(a)(4); or
(4) If a certified duplicate bill of lading or air waybill is used
for entry purposes in accordance with Sec. 141.11(a)(3), the carrier's
release order may be endorsed thereon in substantially the following
form:
In accordance with the provisions of section 484(j), Tariff Act of
1930, authority is hereby given to release the articles covered by this
certified duplicate bill of lading or air waybill to: ____________.
(c) Blanket release order. Merchandise may be released to the person
named in the bill of lading or air waybill in the absence of a specific
release order from the carrier, if the carrier concerned has filed a
blanket order authorizing release to the owner or consignee in such
cases. A carrier's certificate in the form shown in Sec. 141.11(a)(4),
may be modified and executed to make it a blanket release order for the
shipments covered by a blanket carrier's release order under Sec.
141.11(a)(5).
(d) Qualified release order. In the case of merchandise which is
entered for warehousing, for transportation in bond, for exportation, or
is to be admitted to a foreign trade zone, the release order may be
qualified as follows:
[[Page 44]]
(1) ``For transfer to the bonded warehouse designated in the
warehouse entry,'' if the merchandise is entered for warehousing;
(2) ``For transfer to the bonded carrier designated in the
transportation entry,'' if the merchandise is entered for transportation
in bond;
(3) ``For transfer to the carrier designated in the export entry,''
if the merchandise is entered for exportation; or
(4) ``For transfer to the foreign trade zone designated in Customs
Form 214,'' if the merchandise is to be admitted to a foreign trade
zone.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43
FR 49788, Oct. 25, 1978; T.D. 86-16, 51 FR 5063, Feb. 11, 1986; T.D. 87-
75, 52 FR 20068, May 29, 1987; T.D. 90-87, 55 FR 47052, Nov. 9, 1990]
Sec. 141.112 Liens for freight, charges, or contribution in general average.
(a) Definitions. The following are general definitions for the
purposes of this section:
(1) Freight. ``Freight'' means the charges for the transportation of
the goods from the place of shipment in the foreign country to the final
destination in the United States.
(2) Charges. ``Charges'' means the charges due to or assumed by the
claimant of the lien which are incident to the shipment and forwarding
of the goods to the destination in the United States, but does not
include the purchase price, whether advanced or to be collected, nor
other claims not connected with the transportation of the goods.
(3) General average. ``General average'' means the liability to
contribution of the owners of a cargo which arises when a sacrifice of a
part of such cargo has been made for the preservation of the residue or
when money is expended to preserve the whole. It only arises from
actions impelled by necessity.
(4) Claimant. ``Claimant'' means a carrier, customs broker or the
successors or assigns of either.
(b) Notice of lien. A notice of lien for freight, charges, or
contribution in general average pursuant to section 564, Tariff Act of
1930, as amended (19 U.S.C. 1564), shall be filed with the port director
on Customs Form 3485, signed by the authorized agent of the claimant and
certified by him.
(c) Preliminary notice of lien for contribution in general average.
When the cargo of a vessel is subject to contribution in general
average, a preliminary notice thereof may be filed with the port
director and individual notices of lien filed thereafter. Upon receipt
of a preliminary notice, the port director shall withhold release of any
merchandise imported in the vessel for 2 days (exclusive of Sunday and
holidays) after such merchandise is taken into Customs custody, unless
proof is submitted that the claim for contribution in general average
has been paid or secured.
(d) Merchandise entered for immediate transportation. A notice of
lien upon merchandise entered for immediate transportation shall be
filed by the claimant with the port director at the destination.
(e) Limitations on acceptance of notice of lien. A notice of lien
shall be rejected and returned with the reason for rejection noted
thereon if it is filed after any of the following actions have been
taken concerning the merchandise:
(1) Release from Customs custody;
(2) Forfeiture under any provision of law;
(3) Sale as unclaimed or abandoned merchandise under section 491 or
559, Tariff Act of 1930, as amended (19 U.S.C. 1491 or 1559); or
(4) Receipt and acceptance of a notice of abandonment to the
Government under section 506(1) or 563(b), Tariff Act of 1930, as
amended (19 U.S.C. 1506(1) or 1563(b)).
(f) Forfeited or abandoned merchandise. The acceptance of a notice
of lien shall not in any manner affect the order of disposition and
accounting for the proceeds of sales of forfeited and abandoned property
provided for in Subpart D of part 127 and Sec. Sec. 158.44 and 162.51
of this chapter.
(g) Bond may be required. When any doubt exists as to the validity
of a lien filed with the port director, he may require a bond on Customs
Form 301, containing the bond conditions set forth in Sec. 113.62 of
this chapter, to hold him harmless from any liability which may
[[Page 45]]
result from withholding the release of the merchandise.
(h) Satisfaction of lien. The port director shall not adjudicate any
dispute respecting the validity of any lien, but when the amount of such
lien depends upon the quantity or weight of merchandise actually landed,
the port director shall hold the lien satisfied upon the payment of an
amount computed upon the basis of the official Customs report of
quantity and weight. In all other cases, proof that the lien has been
satisfied or discharged shall consist of a written release or receipt
signed by the claimant and filed with the port director, showing payment
of the claim in full.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-114, 39
FR 32023, Apr. 3, 1974; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D.
88-7, 53 FR 4962, Feb. 19, 1988; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]
Sec. 141.113 Recall of merchandise released
from Customs and Border Protection custody.
(a)(1) Merchandise not legally marked. Certain merchandise is
required to be marked or labeled pursuant to the following provisions:
(i) Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304),
pertaining to marking with country of origin;
(ii) Textile Fiber Products Identification Act (15 U.S.C. 70);
(iii) Wool Products Labeling Act (15 U.S.C. 68);
(iv) Fur Products Labeling Act (15 U.S.C. 69); and
(v) Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule
of the United States (HTSUS), pertaining to special marking for watch
and clock movements, cases, and dials.
(2) If such merchandise is found after release to be not legally
marked, the Center director may demand its return to CBP custody for the
purpose of requiring it to be properly marked or labeled. The demand for
marking or labeling shall be made not later than 30 days after the date
of entry in the case of merchandise examined in public stores, and
places of arrival, such as docks, wharfs, or piers. Demand may be made
no later than 30 days after the date of examination in the case of
merchandise examined at the importer's premises or such other
appropriate places as determined by the port director or Center
director.
(b) Textiles and textile products. For purposes of determining
whether the country of origin of textiles and textile products subject
to the provisions of Sec. 102.21 or Sec. 102.22 of this chapter, as
applicable, has been accurately represented to CBP, the release from CBP
custody of any such textile or textile product shall be deemed
conditional during the 180-day period following the date of release. If
the port director finds during the conditional release period that a
textile or textile product is not entitled to admission into the
commerce of the United States because the country of origin of the
textile or textile product was not accurately represented to CBP, he
shall promptly demand its return to CBP custody. Notwithstanding the
provisions of paragraph (h) of this section and Sec. 113.62(n)(1) of
this chapter, a failure to comply with a demand for return to CBP
custody made under this paragraph shall result in the assessment of
liquidated damages equal to the value of the merchandise involved.
(c) Food, drugs, devices, cosmetics, and tobacco products--(1)
Conditional release period. For purposes of determining the
admissibility of any food, drug, device, cosmetic, or tobacco product
imported pursuant to section 801(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)), as amended, the release from CBP
custody of any such product will be deemed conditional. Unless extended
in accordance with paragraph (c)(2) of this section, the conditional
release period will terminate upon the earliest occurring of the
following events:
(i) The date that FDA issues a notice of refusal of admission;
(ii) The date that FDA issues a notice that the merchandise may
proceed; or
(iii) Upon the end of the 30-day period following the date of
release.
(2) Extension of conditional release period. The conditional release
period provided under this paragraph (c) may be extended. The FDA must
issue a written or electronic notice of sampling, detention, or other
FDA action to the bond principal (i.e., importer of record) within 30
days of the release of
[[Page 46]]
the merchandise in order for the extension of the conditional release
period to be valid.
(3) Issuance of a redelivery notice. If FDA refuses admission of a
food, drug, device, cosmetic, or tobacco product into the United States,
or if any notice of sampling or other request is not complied with, FDA
will communicate that fact to the Center director. An authorized CBP
official will demand the redelivery of the product to CBP custody. CBP
will issue a notice of redelivery within 30 days from the date the
product was refused admission by the FDA or from the date FDA determined
the noncompliance with a notice of sampling or other request. The demand
for redelivery may be made contemporaneously with the notice of refusal
issued by the FDA. Notwithstanding the provisions of paragraph (i) of
this section, a failure to comply with a demand for redelivery made
under this paragraph (c) will result in the assessment of liquidated
damages equal to three times the value of the merchandise involved
unless the port director has prescribed a bond equal to the domestic
value of the merchandise pursuant to Sec. 12.3(b) of this Chapter.
(d) Other merchandise not entitled to admission. If at any time
after entry an authorized CBP official finds that any merchandise
contained in an importation is not entitled to admission into the
commerce of the United States for any reason not enumerated in paragraph
(a), (b), or (c) of this section, an authorized CBP official shall
promptly demand the return to CBP custody of any such merchandise which
has been released.
(e) Request for samples or additional examination packages not
complied with by importer. If the importer has not promptly complied
with a request for samples or additional examination packages made by an
authorized CBP official pursuant to Sec. 151.11 of this chapter, an
authorized CBP official may demand the return of the necessary
merchandise to CBP custody.
(f) Demand to importer of record or actual owner. A demand for the
return of merchandise to CBP custody shall be made on the importer of
record, except that it shall be made on the actual owner if an actual
owner's declaration and superseding bond have been filed in accordance
with Sec. 141.20 before the date of the demand.
(g) Form of demand. A demand for the return of merchandise to CBP
custody shall be made on Customs Form 4647, or its electronic
equivalent, or other appropriate form, or by letter. One copy, with the
date of mailing or delivery noted thereon, shall be retained by an
authorized CBP official and made part of the entry record.
(h) Time limitation. A demand for the return of merchandise to CBP
custody shall not be made after the liquidation of the entry covering
such merchandise has become final.
(i) Demand not complied with. When the demand of an authorized CBP
official for return of merchandise to CBP custody is not complied with,
liquidated damages shall be assessed, except in the case of merchandise
entered under chapter 98, subchapter XIII, HTSUS (19 U.S.C. 1202), in an
amount equal to the value of the merchandise not returned or three times
the value of the merchandise not returned if the merchandise is
restricted or prohibited merchandise or alcoholic beverages, as
determined at the time of entry. The amount of liquidated damages to be
assessed on merchandise entered under chapter 98, subchapter XIII, HTSUS
is set forth in Sec. 10.39(d)(3) of this chapter.
[T.D. 73-175, 38 FR 17447, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
141.113, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
PART 142_ENTRY PROCESS--Table of Contents
Sec.
142.0 Scope.
Subpart A_Entry Documentation
142.1 Definitions.
142.2 Time for filing entry.
142.3 Entry documentation required.
142.3a Entry numbers.
142.4 Bond requirements.
142.5 [Reserved]
142.6 Invoice requirements.
142.7 Examination of merchandise.
142.8 Failure to file entry timely.
[[Page 47]]
Subpart B_Entry Summary Documentation
142.11 Entry summary form.
142.12 Time for filing or submission for preliminary review.
142.13 When entry summary must be filed at time of entry.
142.14 Delinquent payment of Customs bills.
142.15 Failure to file entry summary timely.
142.16 Entry summary documentation.
142.17 One entry summary for multiple entries.
142.17a One consolidated entry summary for multiple ultimate consignees.
142.18 Entry summary not required for prohibited merchandise.
142.19 Release of merchandise under the entry summary.
Subpart C_Special Permit for Immediate Delivery
142.21 Merchandise eligible for special permit for immediate delivery.
142.22 Application for special permit for immediate delivery.
142.23 Time limit for filing documentation after release.
142.24 Special permit.
142.25 Discontinuance of immediate delivery privileges.
142.26 Delinquent payment of Customs bills.
142.27 Failure to file documentation timely.
142.28 Withdrawal or entry summary not required for prohibited
merchandise.
142.29 Other procedures applicable.
Subpart D_Line Release
142.41 Line Release.
142.42 Application for Line Release processing.
142.43 Line Release application approval process.
142.44 Entry number range.
142.45 Use of bar code by entry filer.
142.46 Presentation of invoice and assignment of entry number.
142.47 Examinations of Line Release transactions.
142.48 Release procedure.
142.49 Deletion of C-4 Code.
142.50 Line Release data base corrections or changes.
142.51 Changing election of entry or immediate delivery.
142.52 Port-wide and multiple port acceptance of Line Release.
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
Source: T.D. 79-221, 44 FR 46821, Aug. 9, 1979, unless otherwise
noted.
Editorial Note: Nomenclature changes to part 142 appear by CBP Dec.
No. 16-26, 81 FR 93019, Dec. 20, 2016.
Sec. 142.0 Scope.
This part sets forth requirements and procedures relating to (a) the
entry of merchandise, as authorized by section 484, Tariff Act of 1930,
as amended (19 U.S.C. 1484), and (b) special permits for immediate
delivery of merchandise, as authorized by section 448(b), Tariff Act of
1930, as amended (19 U.S.C. 1448(b)).
Subpart A_Entry Documentation
Sec. 142.1 Definitions.
For definitions of ``entry'', ``entry summary'', ``submission'',
``filing'', ``presentation'', ``entered for consumption'', ``entered for
warehouse'', and ``entered temporarily under bond'', as these terms
relate to the entry of merchandise, see Sec. 141.0a of this chapter.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41184, Oct. 19, 1984]
Sec. 142.2 Time for filing entry.
(a) General rule: After arrival of merchandise. Merchandise for
which entry is required will be entered within 15 calendar days after
landing from a vessel, aircraft or vehicle, or after arrival at the port
of destination in the case of merchandise transported in bond.
(b) Before arrival of merchandise--(1) Entry. The entry
documentation required by Sec. 142.3(a) may be submitted before the
merchandise arrives within the limits of the port where entry is to be
made, in which case the time of entry shall be the time specified in
Sec. 141.68(a).
(2) When entry summary serves as entry. The entry summary when it
will be filed at time of entry to serve as both the entry and the entry
summary, as provided in Sec. 142.3(b), may be submitted for preliminary
review in accordance with Sec. Sec. 141.63(a) and 142.12(a)(2).
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 02-65, 67 FR
68035, Nov. 8, 2002]
Sec. 142.3 Entry documentation required.
(a) Contents. Except as provided in paragraph (b) of this section,
the entry
[[Page 48]]
documentation required to secure the release of merchandise must consist
of the following:
(1) Entry. CBP Form 3461 (appropriately modified), or its electronic
equivalent, except that CBP Form 7533 (appropriately modified), or its
electronic equivalent, in duplicate, may be used in place of CBP Form
3461 for merchandise imported from a contiguous country. The form used
must be prepared in accordance with Sec. 141.61(a)(1) of this chapter.
(2) Evidence of the right to make entry. Evidence of the right to
make entry, as set forth in Sec. 141.11 of this chapter.
(3) Commercial invoice. A commercial invoice, except that in those
instances listed in Sec. 141.83(d) of this chapter where a commercial
invoice is not required, a pro forma invoice or other acceptable
documentation listed in that section may be submitted in place of a
commercial invoice.
(4) Packing list. A packing list, where appropriate.
(5) Other documentation. Other documents which may be required by
CBP or other Federal, State, or local agencies for a particular
shipment.
(6) Identification. When merchandise is imported having been sold,
or consigned, to a person in the United States, the name, street
address, and appropriate identification number of that person, as
provided in Sec. 24.5 of this chapter, must be shown on the entry
documents (CBP Form 3461, 3461 ALT, 7501), or their electronic
equivalents. When, at the time of immediate delivery, entry or release,
there is no known buyer, the name, street address, and appropriate
identification number (as above) of the premises in the United States to
which the merchandise is to be delivered must be shown on the entry or
release documents.
(b) Entry summary filed at time of entry. When the entry summary is
filed at time of entry in accordance with Sec. 142.12(a)(1) or Sec.
142.13:
(1) CBP Form 3461 or 7533, or their electronic equivalents, will not
be required; and
(2) CBP Form 7501 or CBP Form 3311, or their electronic equivalent,
(as appropriate, see Sec. 142.11) may serve as both the entry and the
entry summary documentation if the additional documentation set forth in
paragraphs (a)(2), (3), (4) and (5) of this section and Sec. 142.16(b)
is filed.
(c) Extra copies. The CBP may require additional copies of the
documentation.
(d) Electronic format. The entry documentation identified in this
section may be submitted to CBP in either a paper or, where appropriate,
an electronic format.
(R.S. 251, as amended (19 U.S.C. 66), secs. 484, 624, 46 Stat. 722, as
amended, 759 (19 U.S.C. 1484, 1624); sec. 301, 80 Stat. 379 (5 U.S.C.
301), Pub. L. 95-410 (Oct. 3, 1978); Pub. L. 96-511 (Dec. 11, 1980))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-129, 49
FR 23167, June 5, 1984; T.D. 90-92, 55 FR 49884, Dec. 3, 1990; CBP Dec.
09-47, 74 FR 69020, Dec. 30, 2009; CBP Dec. 15-14, 80 FR 61289, Oct. 13,
2015]
Sec. 142.3a Entry numbers.
(a) Placement on CBP forms. The importer or broker shall place an 11
character entry number on the entry and corresponding entry summary
documentation. For documentation prepared on data processing equipment,
the number shall be printed directly on the form. For manually prepared
documentation, the number shall be pre-printed in a machine readable
format specified by CBP. The same number shall not be used for more than
one entry transaction.
(b) Format. The following format, including hyphens, must be used
when showing the entry number:
XXX-NNNNNNN-N
XXX represents an entry filer code assigned by CBP, NNNNNNN is a unique
number which is assigned by the broker or importer, and N is a check
digit computed from the first 10 characters based on a formula provided
by CBP.
(1) Assignment of entry filer code. CBP will assign a unique 3
character (alphabetic, numeric, or alpha numeric) entry filer code to
all licensed brokers filing CBP entries. CBP will assign an entry filer
code to certain importers filing CBP entries based on importer entry
volume, frequency of entry filing, and other considerations. The broker
or importer shall use this assigned code as the beginning three
characters of the
[[Page 49]]
number for all CBP entries, regardless of where the entries are filed.
(2) Entry filer assigned number. For each entry, the broker or
importer shall assign a unique 7 digit number. This number shall not be
assigned to more than one transaction.
(3) Check digit. The broker or importer is responsible for ensuring
that the check digit is computed by data processing equipment.
(c) Pulication of entry filer codes. CBP shall make available
electronically a listing of filer codes and the importers, consignees,
and customs brokers assigned those filer codes. The listing will be
updated periodically.
(d) Misuse of the entry filer code. The Assistant Commissioner,
Office of International Trade, or his designee may refuse to allow use
of an assigned entry filer code if it is misused by the importer or
broker.
(e) Alternative procedure. If an importer does not have an assigned
entry filer code, or if the Assistant Commissioner, Office of
International Trade, or his designee, in accordance with paragraph (d)
of this section refuses to allow use of an assigned entry filer code,
the importer or broker shall obtain forms with a CBP assigned pre-
printed machine readable entry number with a computed check digit. These
forms will be available for sale by CBP and must be obtained and used
before the merchandise may be released from CBP custody.
[T.D. 86-106, 51 FR 19167, May 28, 1986, as amended by T.D. 98-25, 63 FR
12996, Mar. 17, 1998]
Sec. 142.4 Bond requirements.
(a) At the time of entry. Except as provided in Sec. 10.101(d) of
this chapter, or paragraph (c) of this section, merchandise shall not be
released from Customs custody at the time Customs receives the entry
documentation or the entry summary documentation which serves as both
the entry and the entry summary, as required by Sec. 142.3 unless a
single entry or continuous bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.62 of this chapter, executed by an
approved corporate surety, or secured by cash deposits or obligations of
the United States, as provided for in Sec. 113.40 of this chapter, has
been filed. When any of the imported merchandise is subject to a tariff-
rate quota and is to be released at a time when the applicable quota is
filled, the full rates shall be used in computing the estimated duties
to determine the amount of the bond.
(b) If entry summary is filed after entry. (1) Except as provided in
Sec. 141.102(d) of this chapter, if the entry summary is filed after
the entry, the bond filed at the time of entry, as required by paragraph
(a) of this section or by Sec. 142.19, shall continue to be obligated
unless a superseding bond is filed, as provided in Sec. 141.20 of this
chapter, or unless a bond of the type described in paragraph (a) of this
section is filed under the circumstances described in paragraph (b)(2)
of this section. If a superseding bond is filed, or if a bond is filed
under the circumstances described in paragraph (b)(2) of this section,
the obligations of the initial bond shall be terminated as to any
liability which may accrue after the superseding or other bond becomes
effective.
(2) If entry is made in the name of an agent, supported by the
agent's bond, or in the name of a principal, supported by the
principal's bond, and the entry summary thereafter is filed in the name
of the other party, the party named in the entry summary shall file a
bond on Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter. In this circumstance, the bond obligation
of the party in whose name entry was made shall be terminated, as to
liability which may accrue after the bond filed by the party named in
the entry summary becomes effective, and the party filing the entry
summary need not file the separate declaration of the actual owner and
the superseding bond otherwise required under Sec. 141.20 of this
chapter.
(c) Waiver of surety or cash deposit. (1) The port director may
waive the requirement for surety or cash deposit on the bond required by
this section when (i) the value of the merchandise which the bond
secures does not exceed $2,500, (ii) the entry summary documentation is
filed and estimatedduties, if any, are deposited prior to release of the
merchandise and (iii) the importer has not
[[Page 50]]
been delinquent or otherwise remiss in any transaction with Customs.
(2) This authority to waive surety or cash deposit does not apply to
(i) quota merchandise, (ii) any type of merchandise which, in the
opinion of the port director, cannot be easily appraised or classified,
or (iii) any type of merchandise where there may be, in the opinion of
the port director based on past experience, a question of redelivery.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41184, Oct. 19, 1984; T.D. 85-161, 50 FR 38981, Sept. 26, 1985]
Sec. 142.5 [Reserved]
Sec. 142.6 Invoice requirements.
(a) Contents. The commercial invoice, or the documentation
acceptable in place of a commercial invoice in those instances listed in
Sec. 141.83(d) of this chapter, shall be furnished with the entry and
before release of the merchandise is authorized. The commercial invoice
or other acceptable documentation shall contain:
(1) An adequate description of the merchandise.
(2) The quantities of the merchandise.
(3) The values or approximate values of the merchandise.
(4) The appropriate eight-digit subheading from the Harmonized
Tariff Schedule of the United States. If the importer is uncertain of
the appropriate subheading number, Customs shall assist him at his
request. The port director may waive this requirement if he is satisfied
that the information is not available at the time release of the
merchandise is authorized.
(5) The name and complete address of the foreign individual or firm
who is responsible for invoicing the merchandise, ordinarily the
manufacturer/seller, but where the manufacturer is not the seller, the
party who sold the merchandise for export to the U.S., or made the
merchandise available for sale.
(b) Information not required when filing entry. In addition to the
information specified in paragraph (a) of this section, the commercial
invoice or substitute document filed with the entry documentation also
may include any other invoice information required by Sec. Sec. 141.86
through 141.89 of this chapter. However, if this information does not
appear on the invoice or substitute document filed with the entry
documentation, it shall be included in the invoice or substitute
document delivered at the time the entry summary documentation is filed.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan.
21, 1980, as amended by T.D. 90-25, 55 FR 12343, Apr. 3, 1990; T.D. 90-
78, 55 FR 40167, Oct. 2, 1990]
Sec. 142.7 Examination of merchandise.
No merchandise for which the entry documentation required by Sec.
142.3 has been filed shall be released until it has been examined, or
until adequate samples have been taken in the case of merchandise which
is to be classified and appraised by means of samples, unless this
requirement is waived by the port director in accordance with section
499, Tariff Act of 1930, as amended (19 U.S.C. 1499).
Sec. 142.8 Failure to file entry timely.
Merchandise for which timely entry is not filed as required by Sec.
142.2 shall be treated in accordance with Sec. 4.37 and part 127 of
this chapter.
Subpart B_Entry Summary Documentation
Sec. 142.11 Entry summary form.
(a) CBP Form 7501. The entry summary must be on the CBP Form 7501,
or its electronic equivalent, unless a different form or format is
prescribed elsewhere in this chapter. CBP Form 7501, or its electronic
equivalent, must be used for merchandise formally entered for
consumption, formally entered for warehouse, or rewarehouse in
accordance with Sec. 144.11 of this chapter, and formally entered
temporarily under bond under Sec. 10.31 of this chapter. The entry
summary for merchandise which may be entered free of duty in accordance
with Sec. 10.1(g) or (h) may be on CBP Form 3311, or its electronic
equivalent, instead of on a CBP Form 7501 (or its electronic
equivalent). For merchandise entitled to be entered
[[Page 51]]
under an informal entry, see Sec. 143.23 of this chapter.
(b) Extra copies. The CBP may require additional copies of the entry
summary if filed in paper.
[CBP Dec. No. 15-14, 80 FR 61289, Oct. 13, 2015]
Sec. 142.12 Time for filing or submission for preliminary review.
(a) At option of importer--(1) Filing. Except as provided in Sec.
142.13, the importer may file the entry summary documentation at the
time of entry in which case the entry summary, with estimated duties
attached, shall serve as both the entry and the entry summary.
(2) Submission for preliminary review. If the importer intends to
file the entry summary documentation at the time of entry, he may submit
the entry summary documentation for preliminary review before arrival of
the merchandise, in accordance with Sec. 141.63(a) of this chapter.
After preliminary review is completed, the entry summary shall be
returned to the importer for filing in accordance with paragraph (a)(1)
of this section.
(b) When required. If the importer is not required to file the entry
summary documentation at the time of entry under the provisions of Sec.
142.13, or if he does not elect to do so, the entry summary
documentation shall be filed, with estimated duties attached, within 10
working days after the time of entry.
(c) Estimated duties. Estimated duties, if any, shall be deposited
in accordance with the provisions of subpart G of part 141 of this
chapter.
Sec. 142.13 When entry summary must be filed at time of entry.
(a) Authority of CBP. The CBP may require that the entry summary
documentation be filed and that estimated duties, if any, be deposited
at the time of entry before the merchandise is released if the importer:
(1) Has failed repeatedly to file timely entry summary documentation
without justification,
(2) Has not taken prompt action to settle a claim for liquidated
damages issued under Sec. 142.15 for failure to file entry summary
documentation timely, or a claim for liquidated damages issued under the
basic importation and entry bond for failure to deposit estimated
duties, taxes and charges timely, as provided in such bond. ``Prompt
action'' means that the importer, within the time specified in a claim
for liquidated damages, shall petition for relief or pay the amount
claimed and, in appropriate cases, file the entry summary documentation
and deposit estimated duties, if any, or
(3) Has repeatedly delivered entry summary documentation, which is
incomplete or which contains erroneous information.
(4) Is substantially or habitually delinquent in the payment of
Customs bills. See Sec. 142.14.
(b) Special classes of merchandise--(1) Quota-class merchandise.
Quota-class merchandise shall not be released upon delivery of entry
documentation before presentation of:
(i) An entry summary for consumption with estimated duties attached;
or
(ii) A withdrawal for consumption with estimated duties attached; or
(iii) An entry summary for consumption, without the estimated duties
attached, if the entry/entry summary information and a valid scheduled
statement date have been successfully received by Customs via the
Automated Broker Interface. (See part 132 and Sec. 24.25 of this
chapter.)
(2) Other classes of merchandise. Entry summary documentation, with
estimated duties attached, or a withdrawal for consumption with
estimated duties attached, or an entry summary for consumption, without
the estimated duties attached if the entry/entry summary information and
a valid scheduled statement date have previously been transmitted to
Customs via the Automated Broker Interface (see Sec. 24.25 of this
chapter) shall be filed at the time of entry before release of any other
merchandise of a class designated by Customs Headquarters.
(c) [Reserved]
(d) Brokers; restriction. A broker shall not circumvent an action
taken under this section by applying for release of
[[Page 52]]
the importer's merchandise in the broker's name and under the broker's
bond.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-104, 54
FR 50498, Dec. 7, 1989; T.D. 93-37, 58 FR 30984, May 28, 1993; T.D. 95-
77, 60 FR 50020, Sept. 27, 1995; CBP Dec. No. 16-26, 81 FR 93020, Dec.
20, 2016]
Sec. 142.14 Delinquent payment of Customs bills.
The following procedure shall be followed if an importer is
substantially or habitually delinquent in the payment of Customs bills:
(a) Notice. The importer shall be advised in writing by the port
director in which he is substantially or habitually delinquent that he
shall file the entry summary documentation with estimated duties
attached, before his merchandise may be released from Customs custody at
that port. The notice shall state the reason for the action and advise
the importer that if payment of all his delinquent Customs bills is not
made within 10 working days from the date of the notice, he shall be
required to file the entry summary document with estimated duties
attached, before his merchandise may be released. In either case, the
entry summary shall serve as both the entry and the entry summary.
(b) Removal of requirement by port. If the importer pays all his
delinquent Customs bills within 10 working days after the date of the
notice, the requirement shall be removed, and the importer need file
only the entry documentation specified in Sec. 142.3 to secure release
of his merchandise.
(c) Removal of requirement by Headquarters. If the importer has not
paid all his delinquent Customs bills within 10 working days after the
date of the notice, he also shall be required to file the entry summary
documentation, with estimated duties attached, at each Customs port. In
this case, the entry summary shall serve as both the entry and the entry
summary. This requirement shall remain in effect in each port of entry
until notification is received from Headquarters that the requirement is
removed and that the importer need submit only the entry documentation
listed in Sec. 142.3 to secure release of his merchandise.
Sec. 142.15 Failure to file entry summary timely.
If the entry summary documentation is not filed timely, the port
director shall make an immediate demand for liquidated damages in the
entire amount of the bond in the case of a single entry bond. When the
transaction has been charged against a continuous bond, the demand shall
be for the amount that would have been demanded if the merchandise had
been released under a single entry bond. Any application to cancel
liquidated damages incurred shall be made in accordance with part 172 of
this chapter.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984]
Sec. 142.16 Entry summary documentation.
(a) Entry summary not filed at time of entry. When the entry
documentation is filed in paper before the entry summary documentation,
one copy of the entry document and the commercial invoice, or the
documentation filed in place of a commercial invoice in the instances
listed in Sec. 141.83(d) of this chapter, will be returned to the
importer after CBP authorizes release of the merchandise. Entry
documentation may also be transmitted electronically to the CBP
Automated Commercial Environment (ACE) or any other CBP-authorized
electronic data interchange system. The importer may use these documents
in preparing the entry summary, CBP Form 7501, or its electronic
equivalent, and must file them with the entry summary documentation
within the time period stated in Sec. 142.12(b). The entry summary
documentation also must include any other documentation required for a
particular shipment unless a bond for missing documentation is on file,
as provided in Sec. 141.66 of this chapter.
(b) Entry summary filed at time of entry. When the entry summary
documentation is filed or transmitted electronically at time of entry,
the documentation listed in Sec. 142.3 must be filed at the same time,
except that CBP Form 3461 or 7533, or their electronic
[[Page 53]]
equivalents, will not be required. The importer also must file any
additional invoice required for a particular shipment.
[CBP Dec. 15-14, 80 FR 61289, Oct. 13, 2015]
Sec. 142.17 One entry summary for multiple entries.
(a) Requirements. Except as provided in paragraph (b) of this
section, the Center director may permit the filing of one entry summary
for merchandise the subject of separate entries if:
(1) The merchandise has the same country of exportation, and the
same country of origin,
(2) The merchandise arrives by land, by the same vessel or by the
same air carrier,
(3) The merchandise is consigned to the same consignee,
(4) The time between the date of the first entry and the date of the
last entry does not exceed 1 week,
(5) The entry summary document is filed within 10 working days from
the date of the first entry, and
(6) Each entry is identified separately by entry number on the entry
summary.
(b) Merchandise not eligible. One entry summary shall not be used
for multiple entries of the following:
(1) Quota-class merchandise,
(2) Prohibited merchandise,
(3) Merchandise subject to restrictions which require processing and
documentation more frequently than on a weekly basis,
(4) Merchandise for which liquidation has been withheld, and
(5) Merchandise classifiable under the same Harmonized Tariff
Schedule of the United States subheading number, to the eight-digit
level having different rates of duty for which entries or immediate
transportation entries have been filed. However, this provision is not
applicable in the following circumstances:
(i) Entries. Entries may be consolidated if the time of entry is:
(A) Before the date of change in rate of duty, or
(B) On or after the date of change in rate of duty.
(ii) Immediate transportation entries. Immediate transportation
entries may be consolidated if the date of acceptance is:
(A) Before the date of change in the rate of duty, or
(B) On or after the date of change in rate of duty.
(c) Entry documentation not in proper form. If an entry summary
covering multiple entries refers to entry documentation which is not in
proper form, the entry summary and the entry documentation shall be
returned for correction.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-1, 53 FR
51262, Dec. 21, 1988]
Sec. 142.17a One consolidated entry summary for multiple ultimate consignees.
(a) Applicability. The Center director may permit a broker as
nominal consignee to file a consolidated entry summary in his own name
under his own bond covering shipments of like or similar merchandise
consigned to various ultimate consignees provided that all the
merchandise is:
(1) Imported on the same day,
(2) Itemized as to each category of merchandise by Harmonized Tariff
Schedule of the United States Annotated subheading to the ten-digit
level, and
(3) Released on the same day, either under the entry documentation
specified in Sec. 142.3, or under a special permit for immediate
delivery. A consolidated entry summary may be filed for merchandise
arriving by land, by the same vessel, or by the same air carrier.
(b) Information required on the entry summary--(1) Separate listing
according to ultimate consignee. The broker shall list separately on the
face of the consolidated entry summary the merchandise for each ultimate
consignee, together with the appropriate entry or special permit
numbers.
(2) If different land carriers are involved. If merchandise arriving
by different land carriers is included on one entry summary, necessary
information pertaining to each carrier shall be
[[Page 54]]
shown on the face of the entry summary, related to the applicable
shipment.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-1, 53 FR
51262, Dec. 21, 1988]
Sec. 142.18 Entry summary not required for prohibited merchandise.
(a) Exportation or destruction of prohibited merchandise. If
merchandise released at time of entry is later found to be prohibited,
an authorized CBP official shall demand its return to Customs custody in
accordance with Sec. 141.113 of this chapter, and an entry summary and
the deposit of estimated duties, if any, shall not be required provided:
(1) An entry for exportation filed using an in-bond application
pursuant to part 18 of this chapter, or an application to destroy the
merchandise under CBP supervision is made within 10 days after the time
of entry, and the exportation or destruction is accomplished promptly,
or
(2) An entry for transportation and exportation, filed using an in-
bond application pursuant to part 18 of this chapter, is made within 10
days after the time of entry and domestic carriage of the merchandise
does not conflict with the requirements of another Federal agency.
(b) Procedures for exportation or destruction. The exportation or
destruction of prohibited merchandise as required by paragraph (a) shall
be in accordance with Sec. Sec. 158.41 and 158.45(c) of this chapter.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by CBP Dec. 17-13,
82 FR 45406, Sept. 28, 2017]
Sec. 142.19 Release of merchandise under the entry summary.
Merchandise, for which an entry summary serves as both an entry and
an entry summary, shall not be released from Customs custody until a
bond has been filed, or the entry has been liquidated, as follows:
(a) Bond. Merchandise not designated for examination may be released
to, or upon the order of, the carrier if a bond is filed on Customs Form
301, containing the bond conditions set forth in Sec. 113.62 of this
chapter. Merchandise designated for examination may be released under
the bond after examination has been completed if:
(1) It has been found to be truly and correctly invoiced,
(2) It is entitled to admission into the commerce of the United
States, and
(3) Its release is not precluded by any law or regulation. If
merchandise is entered by or on behalf of a United States Government
department or agency, the stipulation prescribed in Sec. 141.102(d) of
this chapter shall be accepted in place of a bond.
(b) After liquidation. If a bond has not been filed in accordance
with paragraph (a) of this section, the merchandise shall not be
released before:
(1) The entry has been liquidated and the full amount of all duties
and taxes due, including dumping or other special duties and charges,
has been paid, or the right to free entry established.
(2) The port director determines that the merchandise may be
admitted into the commerce of the United States, and
(3) All documents relating to the merchandise which are required by
law or regulation have been filed.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984]
Subpart C_Special Permit for Immediate Delivery
Sec. 142.21 Merchandise eligible for special permit for immediate delivery.
Merchandise may be released under a special permit for immediate
delivery, in accordance with section 448(b), Tariff Act of 1930, as
amended (19 U.S.C. 1448(b)), in the following circumstances:
(a) Contiguous countries. At the discretion of the port director,
merchandise arriving by land from Canada or Mexico may be released under
a special permit for immediate delivery provided the importer has on
file a bond on CBP Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter. An entry summary shall be filed in
accordance with Sec. 142.22(b)(1), and estimated duties, if any, shall
be deposited,
[[Page 55]]
within the time period specified in Sec. 142.23 for all merchandise
from contiguous countries released under a special permit except for
fresh fruits and vegetables for human consumption released under the
provisions of paragraph (b) of this section.
(b) Fresh fruits and vegetables. (1) An application for a special
permit for immediate delivery may be made for the transportation of
fresh fruits and vegetables for human consumption arriving from Canada
or Mexico to the importer's premises within the port of importation, but
removed from the area immediately contiguous to the border.
(2) The application shall be accompanied by a continuous bond on CBP
Form 301, containing the bond conditions set forth in Sec. 113.62 of
this chapter.
(3) The fresh fruits and vegetables shall be transported to the
importer's premises in the vehicles in which they crossed the border or,
if transshipment is necessary in vehicles provided by the importer. The
fresh fruits and vegetables may be examined at the importer's premises.
Those portions without commercial value may be disposed of in accordance
with the provisions of Sec. 158.11(b) of this chapter, and the balance
shall be entered for consumption or transported in bond under an entry
for immediate transportation without appraisement or under an entry for
transportation and exportation.
(c) Agency of U.S. Government. Merchandise may be released under the
immediate delivery procedure if the shipment is consigned to or for the
account of any agency or office of the United States Government, or to
an officer or official of any such agency in his official capacity, as
provided in Sec. 10.101 of this chapter.
(d) Articles of a trade fair. Articles for a trade fair may be
released under the immediate delivery procedure, as provided in Sec.
147.13 of this chapter.
(e) Quota-class merchandise--(1) Tariff rate quotas. At the
discretion of the port director, merchandise subject to a tariff-rate
quota may be released under a special permit for immediate delivery
provided the importer has on file a bond on CBP Form 301, containing the
bond conditions set forth in Sec. 113.62 of this chapter. However,
merchandise subject to a tariff-rate quota may not be incrementally
released under a special permit for immediate delivery as provided in
paragraphs (g) and (h) of this section. Nor is such merchandise eligible
for release under a special permit pursuant to 19 CFR 141.58(d)(1).
Where a special permit is authorized, an entry summary will be properly
presented pursuant to Sec. 132.1 of this chapter within the time
specified in Sec. 142.23, or within the quota period, whichever expires
first. If proper presentation is not made until after the tariff-rate
quota is filled, the merchandise shall not be entitled to the quota rate
of duty, and the importer shall pay duties at the over-quota rate.
(2) Absolute quotas. At the discretion of the port director,
perishable merchandise of a class approved by CBP Headquarters which is
subject to an absolute quota may be released under a special permit for
immediate delivery for removal to the importer's premises, or to any
other location approved by the port director, until an entry summary is
properly presented pursuant to Sec. 132.1 of this chapter. However,
merchandise subject to an absolute quota under this paragraph may not be
incrementally released under a special permit for immediate delivery as
provided in paragraphs (g) and (h) of this section. Nor is such
merchandise eligible for release under a special permit pursuant to
Sec. 141.58(d)(1) of this chapter. Where a special permit is
authorized, a proper entry summary must be presented for merchandise so
released within the time specified in Sec. 142.23, or within the quota
period, whichever expires first. If the absolute quota is filled before
the importer has properly presented an entry summary, he may either
present an entry summary for warehouse or, under CBP supervision, export
or destroy the merchandise.
(f) Release from warehouse followed by warehouse withdrawal for
consumption. Merchandise may be released from warehouse under a special
permit:
(1) At the discretion of the port director when:
(i) The warehouse is located a considerable distance from the
customhouse and actual release of the merchandise from the warehouse may
not be effected within the next full business day
[[Page 56]]
after the day of the payment of duty, and
(ii) The port has sufficient manpower to permit such practice;
(2) The importer shall have on file a bond on CBP Form 301,
containing the bond conditions set forth in Sec. 113.62 of this
chapter; and
(3) The immediate delivery permit shall be annotated to state that a
warehouse withdrawal for consumption will be filed for this merchandise.
(g) Split shipments. Merchandise subject to Sec. 141.57(d)(2) of
this chapter, which is invoiced and delivered to the carrier as a single
shipment, but which, due to the carrier's inability to accommodate the
merchandise on a single conveyance, is shipped by the carrier in
separate portions to the same port of entry in the United States as
listed on the original bill of lading, may be released incrementally
under a special permit. Incremental release means releasing each portion
of such shipments separately as they arrive.
(h) Entities shipped unassembled or disassembled on multiple
conveyances. Merchandise subject to Sec. 141.58(d)(2) of this chapter,
which is purchased, invoiced, and classified as a single entity under
the Harmonized Tariff Schedule of the United States (HTSUS), and which
is shipped in separate portions because its size or nature prevents
shipping the entity on a single conveyance, may be released
incrementally under a special permit.
(i) When authorized by Headquarters. Headquarters may authorize the
release of merchandise under the immediate delivery procedure in
circumstances other than those described in Sec. 142.21(a) through (h)
provided a bond on CBP Form 301 containing the bond conditions set forth
in Sec. 113.62 of this chapter is on file.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 81-260, 46
FR 49842, Oct. 8, 1981; T.D. 84-213, 49 FR 41185, Oct. 19, 1984; T.D.
89-104, 54 FR 50499, Dec. 7, 1989; T.D. 03-09, 68 FR 8721, Feb. 25,
2003; CBP Dec. 06-11, 71 FR 31927, June 2, 2006]
Sec. 142.22 Application for special permit for immediate delivery.
(a) Form. An application for a special permit for immediate delivery
will be made on CBP Form 3461, or its electronic equivalent, supported
by the documentation provided for in Sec. 142.3. A commercial invoice
will not be required, except for merchandise released under the
provisions of 19 U.S.C. 1484(j). Instead of a commercial invoice, the
importer may deliver to CBP a pro forma invoice, waybill, or other
document setting forth an adequate description of the merchandise and
the quantities, together with the values or approximate values when
values are needed for the purpose of examination. If the merchandise is
to be released under a term special permit, the documentation also shall
show the term special permit number, as provided for in Sec. 142.24.
(b) CBP custody. Merchandise for which a special permit for
immediate delivery has been issued under Sec. 142.21 of this part shall
be considered to remain in CBP custody until the filing of one of the
following:
(1) An entry summary for consumption, with estimated duties
attached; an entry summary for consumption without estimated duties
attached, if entry/entry summary information and a valid scheduled
statement date (pursuant to Sec. 24.25 of this chapter) have
successfully been received by CBP via the Automated Broker Interface; an
entry summary for warehouse; or an entry summary for entry temporarily
under bond, which may be filed in any of the circumstances under Sec.
142.21 of this part except for merchandise released from warehouse under
Sec. 142.21(f) of this part;
(2) A withdrawal for consumption, with estimated duties attached,
which shall be filed only for merchandise released from warehouse under
Sec. 142.21(f) of this part;
(3) An entry for transportation and exportation, immediate
transportation without appraisement, or direct exportation, which shall
be filed in those circumstances under Sec. 142.21(b) and (e)(2) of this
part; or entry for transportation and exportation, or direct
exportation,
[[Page 57]]
which shall be filed in the circumstances under Sec. 142.28 of this
part or
(4) An application to destroy, which shall be filed in those
circumstances under Sec. Sec. 142.21(b) and (e)(2), and Sec. 142.28 of
this part.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 81-260, 46
FR 49842, Oct. 8, 1981; T.D. 89-104, 54 FR 50499, Dec. 7, 1989; T.D. 03-
09, 68 FR 8721, Feb. 25, 2003; CBP Dec. 06-11, 71 FR 31927, June 2,
2006; CBP Dec. 15-14, 80 FR 61289, Oct. 13, 2015]
Sec. 142.23 Time limit for filing documentation after release.
The applicable documentation described in Sec. 142.22(b) shall be
filed, and estimated duties, if any, shall be deposited, within 10
working days after the merchandise or any part of the merchandise is
authorized for release under a special permit for immediate delivery or,
for quota class merchandise within the quota period, whichever expires
first.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan.
21, 1980; T.D. 98-34, 63 FR 19399, Apr. 20, 1998]
Sec. 142.24 Special permit.
(a) Conditions for issuance. At the discretion of the port director,
a special permit for immediate delivery may be issued on Customs Form
3461, or its electronic equivalent, appropriately modified, for a class
or classes of merchandise particularly described in the application for
the permit.
(b) Notation of value for each shipment. When applying for the
release of a shipment of merchandise under a special permit for
immediate delivery, the importer shall note a value for the shipment on
the documentation presented. The value so noted shall not be less than
the invoice value.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984; CBP Dec. 15-14, 80 FR 61289, Oct. 13, 2015]
Sec. 142.25 Discontinuance of immediate delivery privileges.
(a) Authority of port director. The port director may discontinue
immediate delivery privileges if the importer:
(1) Has failed repeatedly to file the applicable Customs
documentation set forth in Sec. 142.22(b) timely without justification,
or
(2) Has not taken prompt action to settle a claim for liquidated
damages issued under Sec. 142.27 for failure to file the applicable
Customs documentation set forth in Sec. 142.22(b) timely, or a claim
for liquidated damages issued under the basic importation and entry bond
for failure to deposit estimated duties, taxes and charges timely, as
provided in such bond. ``Prompt action'' means that the importer, within
the time specified in a claim for liquidated damages shall petition for
relief or pay the amount claimed and, file the applicable documentation
and deposit estimated duties, if any.
(3) Has repeatedly delivered documentation required by Sec.
142.22(b) which is incomplete or which contains erroneous information.
(4) Is substantially or habitually delinquent in the payment of
Customs bills. See Sec. 142.26.
(b) Brokers; restriction. A broker shall not circumvent an action
taken under this section by applying for the immediate release of the
importer's merchandise in the broker's name and under the broker's bond.
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 93-37, 58 FR
30984, May 28, 1993; T.D. 95-77, 60 FR 50020, Sept. 27, 1995]
Sec. 142.26 Delinquent payment of Customs bills.
The following procedures shall be followed if an importer is
substantially or habitually delinquent in the payment of Customs bills:
(a) Notice. The importer shall be advised in writing by the director
of the port in which he is substantially or habitually delinquent that
his immediate delivery privileges have been suspended. The notice shall
state the reason for the action and advise the importer that if payment
of all his delinquent Customs bills is not made within 10 working days
from the date of the
[[Page 58]]
notice, the importer's immediate delivery privileges also shall be
suspended at all Customs ports.
(b) Reinstatement of privileges by port. If the importer pays all
his delinquent Customs bills within 10 working days after the date of
the notice, the suspension shall be removed, and the importer's
immediate delivery privileges shall be reinstated.
(c) Reinstatement of privileges by Headquarters. If the importer has
not paid all his delinquent Customs bills within 10 working days after
the date of the notice, his immediate delivery privileges shall be
suspended at all Customs ports. This suspension shall remain in effect
in each port of entry until notification is received from Headquarters
that the suspension is removed and that the importer's immediate
delivery privileges have been reinstated.
Sec. 142.27 Failure to file documentation timely.
If the applicable Customs documentation set forth in Sec. 142.22(b)
is not filed within the time provided in Sec. 142.23, the port director
shall make an immediate demand for liquidated damages in the amount of
the bond in the case of a single entry bond. When the transaction has
been charged against a continuous bond, the demand shall be for the
amount that would have been demanded if the merchandise had been
released under a single entry bond. Any application for cancellation of
liquidated damages incurred shall be made in accordance with part 172 of
this chapter.
(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as
amended (19 U.S.C. 66, 1623, 1624))
[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984]
Sec. 142.28 Withdrawal or entry summary not required
for prohibited merchandise.
(a) Exportation or destruction of prohibited merchandise. If
merchandise released under a special permit for immediate delivery later
is found to be prohibited, an authorized CBP official shall demand its
recall in accordance with Sec. 141.113 of this chapter (applicable to
the recall of merchandise released from Customs custody), and withdrawal
or entry summary documentation and the deposit of estimated duties, if
any, shall not be required provided:
(1) The merchandise is exported or destroyed under Customs
supervision within the time limit for entry specified in Sec. 142.23,
or
(2) An entry for exportation or for transportation and exportation
filed using an in-bond application pursuant to part 18 of this chapter,
or an application to destroy the merchandise, is made within the
specified time limit, and the exportation or destruction is accomplished
promptly.
(b) Procedures for exportation or destruction. The exportation or
destruction of prohibited merchandise required by paragraph (a) of this
section shall be under the same procedures as exportation or destruction
of prohibited merchandise covered by a consumption entry with remission
or refund of duties. See Sec. Sec. 158.41 and 158.45(c) of this
chapter.
(c) Notation on exportation entry. An entry for exportation or for
transportation and exportation of prohibited merchandise for which no
entry summary for consumption has been filed shall be stamped or
imprinted conspicuously with the legend:
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by CBP Dec 17-13, 82
FR 45406, Sept. 28, 2017]
Prohibited Merchandise, No Other Entry Filed
Sec. 142.29 Other procedures applicable.
Merchandise released under a special permit for immediate delivery
shall be subject to the same procedures applicable to all other imported
merchandise, unless specific procedures are set forth in this subpart.
Subpart D_Line Release
Source: T.D. 92-93, 57 FR 44093, Sept. 24, 1992, unless otherwise
noted.
Sec. 142.41 Line Release.
Line Release is an automated system designed to release and tract
repetitive shipments. It is a method of entry or
[[Page 59]]
immediate delivery extended to importers of merchandise which CBP deems
to be repetitive and high volume. Line Release may be used only at
locations approved by CBP for handling Line Release. At certain high-
risk locations along the land borders of the United States (the
locations to be published in the Federal Register), which are approved
by CBP for handling Line Release, the use of Line Release for particular
shipments may be denied by CBP unless the imported merchandise is
transported by carriers that participate in a CBP-approved industry
partnership program.
[T.D. 92-93, 57 FR 44093, as amended by T.D. 99-2, 64 FR 33, Jan. 4,
1999; CBP Dec. 11-04, 76 FR 6690, Feb. 8, 2011]
Sec. 142.42 Application for Line Release processing.
In order to obtain approval for processing import transactions
through Line Release, a broker or importer filing its own entries (entry
filer) must submit an application to the port director, signed by the
entry filer, in a format described as a Line Release Data Loading Sheet.
The application must be accompanied by a representative sample of an
actual commercial invoice for the products sought to be processed under
Line Release. The Line Release Data Loading Sheet must contain the
following information with each information element appearing on a
separate line.
(a) Port where application is being made.
(b) Initiating Company Information: name, address, city, state,
contact person, phone number of contact person, and signature.
(c) Listing of all ports in which the initiating company has filed a
similar application for Line Release.
(d) Country of origin codes (ISO codes from Annex B of HTSUS) for
the merchandise.
(e) Shipper or manufacturer information: Name, address, city,
province/state, country, postal code, indication by noting ``M'' or
``S'' whether this information relates to a manufacturer (M) or a
shipper (S), and manufacturer identification number of the shipper or
manufacturer.
(f) Importer information (if importer is different than filer):
Name, address, city, state and country, zip code, importer number, bond
number, and surety code.
(g) Entry filer information: Name, importer number, filer code, bond
number, and surety code.
(h) Product information: Product description, manifest unit of
measure, HTSUS number described to sub-heading level for particular
product or range of HTSUS numbers at sub-heading levels for multiple
products for which Line Release is sought.
(i) Election of whether the Line Release transaction is to be
considered an entry or an immediate delivery.
Sec. 142.43 Line Release application approval process.
(a) Port review. The port director shall review each Line Release
application to determine whether the shipments qualify for Line Release
processing. The port director may contact the applicant for further
information, if necessary. An application that fails to elect whether
the Line Release transaction is to be considered an entry or an
immediate delivery will be returned to the applicant. If all required
information is submitted, the application will be forwarded to
Headquarters for final processing.
(b) Assignment of C-4 Codes. A C-4 Code (Common Commodity
Classification Code), which is a unique code identifying the shipper or
manufacturer, importer, entry filer, and the product for each Line
Release shipment, shall be assigned by Headquarters to each application
approved for Line Release. Headquarters shall annotate each approved
application with a C-4 Code and return the application to the port
director who shall return the approved application to the entry filer.
(c) Denial of Line Release application. If the port director is
considering the denial of a Line Release application, consideration
shall be given to whether an application by the same filer for the same
transaction has been approved at another port. If there is not an
approved application at another port and the port director determines
that the
[[Page 60]]
application shall be denied, the application shall be noted denied and
returned to the entry filer without a C-4 Code annotation by the port
director. If an application has been approved at another port, but the
port director still questions whether the application should be approved
at his port, the port director shall forward the application to the
Assistant Commissioner, Office of Information Management. The Office of
Information and Technology will review the application and will notify
the port director of the final determination.
Sec. 142.44 Entry number range.
After an application for Line Release has received final approval,
filers must provide the port director, in writing, with a range of entry
numbers for use in the system so that an entry number can be assigned
automatically to each Line Release transaction. For the purposes of this
subpart, ``entry number'', when the release is an immediate delivery,
merely refers to the Line Release transaction number; this number does
not become the actual entry number until an entry for the merchandise
released under the immediate delivery procedure is filed. A separate
range must be provided for each Line Release site at the port. These
entry numbers shall be used for assignment within the Line Release
system. Entry filers shall not assign these numbers to other entry
transactions.
Sec. 142.45 Use of bar code by entry filer.
(a) Printing of C-4 Code. Upon receipt of an approved Line Release
application, the entry filer, in accordance with instructions from the
port director, shall preprint invoices with the C-4 Code in bar code and
alpha-numeric format or print labels with the necessary information. Bar
codes shall be printed in accordance with the specifications stated in
Customs Publication 561 (Line Release Overview). Labels or preprinted
invoices also shall state the name of the shipper or manufacturer of the
product and the name of the importer of record, if other than the entry
filer, above the bar code and the name of the entry filer and a product
description below the bar code.
(b) Multiple commodity processing. Multiple commodity processing
allows more than one product to be released under one entry number. The
shipper/manufacturer, importer of record and the entry filer must be the
same. The product description is the only variable allowed. The
commodities should be listed on one invoice with C-4 Code labels for
each commodity attached to the invoice.
(c) Distribution of labels. If labels are used, the labels shall be
affixed to the invoices in accordance with instructions from the port
director. The entry filer may either affix the labels or distribute the
labels to the shippers/manufacturers and instruct them in the use and
placement of the labels.
Sec. 142.46 Presentation of invoice and assignment of entry number.
(a) Presentation of invoice. When merchandise that has been approved
for Line Release is imported at a Line Release site, the carrier,
importer or filer shall present Customs with an invoice with the bar
code or codes printed or affixed and, according to the method of
transportation, the appropriate manifest document.
(b) Verification of data. If after scanning the bar code at the Line
Release site, the Customs officer verifies the data on the bar code with
the information on the invoice, he will key the quantity on the invoice
and an entry number will be automatically assigned to the transaction.
If there are any differences between the system data and the invoice and
bar code, including any differences in entry filer, the Customs officer
shall order an examination.
(c) Other agency documentation. If the Line Release shipment
requires other agency documentation, the Customs officer at the Line
Release site will be alerted to that requirement electronically when he
verifies the data on the bar code with the information on the invoice.
If the required form is presented to the officer with the documentation
package, the shipment may be released.
Sec. 142.47 Examinations of Line Release transactions.
(a) General. Merchandise imported under Line Release generally may
be
[[Page 61]]
released without further CBP processing. CBP, however, may choose to
inspect any Line Release shipment. Examinations may be either
specifically ordered by the CBP officer or random.
(b) Voiding of Line Release transaction. CBP may void a Line Release
transaction for the following reasons: Because of an examination,
because a carrier transporting the Line Release merchandise is not a
participant in a CBP-approved industry partnership program, or because a
driver or conveyance is not authorized in accordance with the LBCIP. If
this occurs, CBP will return the invoice to the carrier, and the entry
filer, in order to enter merchandise, must prepare and submit either a
CF 3461 or 3461 Alternate, or its electronic equivalent.
[T.D. 92-93, 57 FR 44093, Sept. 24, 1992, as amended by T.D. 99-2, 64 FR
33, Jan. 4, 1999; CBP Dec. 11-04, 76 FR 6690, Feb. 8, 2011; CBP Dec. 15-
14, 80 FR 61289, Oct. 13, 2015]
Sec. 142.48 Release procedure.
(a) General. When the Customs officer at the Line Release site
determines that a shipment is ready for release, release data,
consisting of the entry number, the date and time of release, the
inspector's badge number, the quantity and unit of measure, and the C-4
Code will be printed on the invoice and the manifest document and, when
other agency documentation is presented, may be printed on that
documentation. The invoice shall be returned to the entry filer and the
manifest document shall be retained by Customs.
(b) Notification to non-ABI participants. The returned invoice with
the release data shall be the release notification to non-ABI
participants.
(c) Notification to ABI participants. If the Line Release entry
filer is an operational ABI participant, the filer shall receive an
electronic notification of the release consisting of the importer of
record number, the port of entry, the filer code, the entry number, the
date and time of release, the manufacturer code, the quantity and unit
of measure, the release site, the HTSUS number(s), the C-4 Code and the
country or countries of origin.
Sec. 142.49 Deletion of C-4 Code.
(a) By Customs. A port director may temporarily or permanently
delete an entry filer's C-4 Code without providing the participant with
any justification and without prior notification in cases of willfulness
or when public health, interest, or safety so requires, thereby revoking
the filer's use of Line Release.
(b) By entry filer. Entry filers may delete C-4 Codes from Line
Release by notifying the port director in writing on a Deletion Data
Loading Sheet. Such notification shall state the C-4 Code which is to be
deleted, the port where the C-4 Code is to be deleted and the reason for
the requested deletion. A copy of the originally approved Data Loading
Sheet must be submitted with the Deletion Data Loading Sheet. If only a
temporary deletion is desired, the filer shall state the requested
effective date for the deletion and the date the C-4 Code is requested
to be returned to Line Release processing.
Sec. 142.50 Line Release data base corrections or changes.
The applicant shall notify the port director of any changes in
names, importer or filer numbers or bond information on a Line Release
Data Loading Sheet as soon as possible. Notification shall be
accomplished by the submission of a copy of the original loading sheet
with a Correction Data Loading Sheet.
Sec. 142.51 Changing election of entry or immediate delivery.
An applicant who has already received a C-4 Code and wishes to
change the election chosen on his Line Release application as to whether
the release should be considered an entry or an immediate delivery must
submit a letter requesting such change to the port director where the C-
4 Code is used. This letter must include the C-4 Code to be changed and
the date the change is to be effective. If the requested change is for a
temporary time period, the letter shall include the date the releases
are to return to the release type originally requested. Applications
that fail to state the effective dates of the changes requested will be
returned to the applicant.
[[Page 62]]
Sec. 142.52 Port-wide and multiple port acceptance of Line Release.
(a) Port-wide processing. If a C-4 Code has been approved by the
port director, the C-4 Code may be used at any Line Release site at the
port.
(b) Multiple port processing. In order for a C-4 Code approved at
one port to be used at another port, the entry filer must submit an
application to the port director of the other port. While uniform
criteria shall be applied to approving similar shipments for Line
Release at all ports, a port director may exercise his discretion to
deny Line Release at his port even though a similar shipment may be
approved at another port.
PART 143_SPECIAL ENTRY PROCEDURES--Table of Contents
Sec.
143.0 Scope.
Subpart A_Automated Broker Interface
143.1 Eligibility.
143.2 Application.
143.3 Action on application.
143.4 Confidentiality of data.
143.5 System performance requirements.
143.6 Failure to maintain performance standards.
143.7 Revocation of ABI participation.
143.8 Appeal of suspension or revocation.
Subpart B_Appraisement Entry
143.11 Merchandise eligible for appraisement entry.
143.12 Form of entry.
143.13 Documents to be presented with entry.
143.14 Payment of additional expenses.
143.15 Deposit of estimated duties and taxes.
143.16 Substitution of warehouse entry.
Subpart C_Informal Entry
143.21 Merchandise eligible for informal entry.
143.22 Formal entry may be required.
143.23 Form of entry.
143.24 Preparation of Customs Form 7501 and Customs Form 368 or 368A
(serially numbered).
143.25 Information on entry form, or its electronic equivalent.
143.26 Party who may make informal entry of merchandise.
143.27 Invoices.
143.28 Deposit of duties and release of merchandise.
Subpart D_Electronic Entry Filing
143.31 Applicability.
143.32 Definitions.
143.33 Eligibility criteria for participation.
143.34 Procedure for electronic immediate delivery or entry.
143.35 Procedure for electronic entry summary.
143.36 Form of immediate delivery, entry and entry summary.
143.37 Retention of records.
143.38 [Reserved]
143.39 Penalties.
Subpart E_Remote Location Filing
143.41 Applicability.
143.42 Definitions.
143.43 RLF eligibility criteria.
143.44 RLF procedure.
143.45 Filing of additional entry information.
Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624, 1641.
Source: T.D. 73-175, 38 FR 17463, July 2, 1973, unless otherwise
noted.
Sec. 143.0 Scope.
This part sets forth the requirements and procedures for
participation in the Automated Broker Interface (ABI), for the clearance
of imported merchandise under appraisement and informal entries, and
under electronic entry filing and under Remote Location Filing (RLF).
All requirements and procedures set forth in this part are in addition
to the general requirements and procedures for all entries set forth in
part 141 of this chapter. More specific requirements and procedures are
set forth elsewhere in this chapter; for example, part 145 concerns
importations by mail and part 10 concerns merchandise conditionally free
of duty or subject to a reduced rate.
[CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009]
Subpart A_Automated Broker Interface
Source: T.D. 90-92, 55 FR 49884, Dec. 3, 1990, unless otherwise
noted.
Sec. 143.1 Eligibility.
The Automated Broker Interface (ABI) allows participants to transmit
[[Page 63]]
data electronically to CBP through ABI and to receive transmissions from
Automated Commercial Environment (ACE) or any other CBP-authorized
electronic data interchange system. Its purposes are to improve
administrative efficiency, enhance enforcement of customs and related
laws, lower costs and expedite the release of cargo.
(a) Participants for entry and entry summary purposes. Participants
in ABI for the purposes of transmitting data relating to entry and entry
summary may be:
(1) Customs brokers as defined in Sec. 111.1 of this chapter;
(2) Importers as defined in Sec. 101.1 of this chapter; and
(3) ABI service bureaus, that is, an individual, partnership,
association or corporation which provides communications facilities and
data processing services for brokers and importers, but which does not
engage in the conduct of customs business as defined in Sec. 111.1 of
this chapter.
(b) Participants for Importer Security Filing purposes. Any party
may participate in ABI solely for the purposes of filing the Importer
Security Filing pursuant to Sec. 149.2 of this chapter if that party
fulfills the eligibility requirements contained in Sec. 149.5 of this
chapter. If a party other than a customs broker as defined in Sec.
111.1 of this chapter or an importer as defined in 19 U.S.C. 1484
submits the Importer Security Filing, no portion of the Importer
Security Filing can be used for entry or entry summary purposes pursuant
to Sec. 149.5 of this chapter.
(c) Participants for other purposes. Upon approval by CBP, any party
may participate in ABI for other purposes, including transmission of
protests, filing of in-bond applications, and applications for FTZ
admission (CBP Form 214).
[CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008, as amended by CBP Dec. 15-
14, 80 FR 61290, Oct. 13, 2015; CBP Dec. 17-13, 82 FR 45406, Sept. 28,
2017]
Sec. 143.2 Application.
A prospective participant in ABI shall submit a letter of intent to
the port director closest to his principal office, with a copy to the
Assistant Commissioner, Information and Technology, or designee. The
letter of intent shall set forth a commitment to develop, maintain and
adhere to the performance requirements and operational standards of the
ABI system in order to ensure the validity, integrity and
confidentiality of the data transmitted. The letter of intent must also
contain the following, as applicable:
(a) A description of the computer hardware, communications and entry
processing systems to be used and the estimated completion date of the
programming;
(b) If the participant has offices in more than one location, the
location of each office and the estimated start-up date for each office
listed;
(c) The name(s) of the participant's principal management and
contact person(s) regarding the system;
(d) If the system is being developed or supported by a data
processing company, the data processing company's name and the contact
person;
(e) The software vendor's name and the contact person; and
(f) The participant's entry filer code and average monthly volume.
Sec. 143.3 Action on application.
(a) Approval. Permission to use ABI will be granted by the Assistant
Commissioner, Information and Technology, or his designee, only to those
applicants who are not delinquent or otherwise remiss in their
transactions with Customs and are in compliance with the ABI system
performance procedures and standards as described in Sec. 143.5 of this
subpart. If there is any cause to question the qualifications or fitness
of the applicant to participate in ABI, the application may be referred
for investigation and report. The investigation may include, but need
not be limited to:
(1) The accuracy of the information provided in the letter of
intent;
(2) The business integrity of the applicant;
(3) The character and reputation of an individual applicant or a
member of a partnership or an officer of an association or corporation;
and
(4) The character and reputation of the software vendor.
(b) Denial. If permission to use ABI is denied to an applicant by
the Assistant
[[Page 64]]
Commissioner, Information and Technology, or his designee, written
notice, including the grounds for the denial, will be given to him and
to the port director. The applicant may appeal the denial in the manner
prescribed in Sec. 143.8 of this subpart and those procedures for
handling an appeal shall apply.
Sec. 143.4 Confidentiality of data.
The electronic data received and exchanged by a service bureau shall
be considered confidential, and the service bureau shall maintain the
accuracy of data received in the process of formatting and transmitting
such data on behalf of a filer, and shall not disclose this data or any
information connected therewith to any persons other than the filer or
Customs (see Sec. 111.24 of this chapter).
Sec. 143.5 System performance requirements.
The performance requirements and operational standards for
electronic data filing are detailed in Customs Publication 552, Customs
And Trade Automated Interface Requirements (CATAIR), which is updated
periodically. The User Support Services Division, Customs Headquarters,
upon request, shall provide each prospective participant with a copy of
this publication. Each prospective participant must demonstrate that his
system can interface directly with the Customs computer and ensure
accurate submission of required data. Such demonstration will include
intensive testing of the participant's system and monitoring of its
performance in accordance with Publication 552.
Sec. 143.6 Failure to maintain performance standards.
ABI participants must adhere to the performance requirements and
operational standards of the ABI system and maintain a high level of
quality in the transmission of data, as defined in Customs Publication
552 (CATAIR) and Customs directives and policy statements, in order to
participate in ABI.
(a) Probational status. A participant who does not adhere to the
requirements and standards of the ABI system or maintain a high level of
quality as described above may be placed on probational status. The
participant will be notified, electronically and in writing, by the
Director, User Support Services Division, of any action to place the
participant on probation. The notice will specifically set forth the
grounds for the proposed probation, and advise the participant that he
will have 15 days from the date of the notice to show cause why the
probationary period should not take effect. If the participant fails to
respond within the allotted time, or fails to show to the satisfaction
of the Director, User Support Services Division, that the probationary
period should not take effect, the Director will notify the participant
of the effective date of the probationary period. The length of the
probationary period may, in the discretion of the Director, User Support
Services Division, be extended up to a maximum of 90 days, if the
participant's performance remains below standard, but, except for
immediate revocation under Sec. 143.7, participation will not be
suspended or revoked until the probationary period has lasted a minimum
of 30 days. The participant's performance will be closely monitored
during this time, which will include working with the participant and
providing any necessary guidance to assist the participant in bringing
his performance back to standard.
(b) Suspension following probationary period. If deficiencies are
not corrected within the probationary period, the participant will be
suspended from operational status. The participant will be notified,
electronically and in writing, by the Director, User Support Services
Division, of any action to suspend participation. The notice will
specifically set forth the grounds and effective date for the
suspension, and the right to appeal the suspension to the Assistant
Commissioner, Information and Technology, within 10 days following the
date of the written notice of suspension (see Sec. 143.8).
(c) Reinstatement following suspension. To obtain reinstatement to
operational status, a suspended participant must submit a letter to the
Director, User Support Services Division, stating that the deficiencies
for which the suspension was invoked have been corrected.
[[Page 65]]
If, after the participant has demonstrated compliance with the system
performance requirements and operational standards specified in Sec.
143.5 of this part, if required, the Director is satisfied that the
deficiencies have been corrected, the participant will be reinstated.
Sec. 143.7 Revocation of ABI participation.
(a) Fraud or misstatement of material fact. If it is determined at
any time that participation in the system was obtained through fraud or
the misstatement of a material fact, the Executive Director, Trade
Policy and Programs, Office of International Trade, will immediately
revoke ABI participation.
(b) Risk of significant harm to system. If the participant's
continued use of ABI would pose a potential risk of significant harm to
the integrity and functioning of the system, the Director, User Support
Services Division, will immediately revoke ABI participation.
(c) Notification to participant. The participant will be notified,
electronically and in writing, by the applicable Director, of the
revocation. The notice will specifically set forth the grounds and
effective date of revocation, and the right to appeal the revocation to
the Assistant Commissioner, Information and Technology, within 10 days
following the date of the written notice of revocation.
Sec. 143.8 Appeal of suspension or revocation.
If the participant files a written appeal with the Assistant
Commissioner, Information and Technology, within 10 days following the
date of the written notice of action to suspend or revoke participation
as provided in Sec. Sec. 143.6 and 143.7, the suspension or revocation
of participation shall not take effect until the appeal is decided,
except in those cases where the Executive Director, Trade Policy and
Programs, Office of International Trade, or the Director, User Support
Services Division, respectively, determines that participation was
obtained through fraud or the misstatement of a material fact, or that
continued participation would pose a potential risk of significant harm
to the integrity and functioning of the system. The CBP officer who
receives the appeal shall stamp the date of receipt of the appeal and
the stamped date is the date of receipt for purposes of the appeal. The
Assistant Commissioner shall inform the participant of the date of
receipt and the date that a response is due under this paragraph. The
Assistant Commissioner shall render his decision to the participant, in
writing, stating his reasons therefor, by letter mailed within 30
working days following receipt of the appeal, unless this period is
extended with due notification to the participant.
Subpart B_Appraisement Entry
Sec. 143.11 Merchandise eligible for appraisement entry.
(a) Without Commissioner's approval. An application for entry by
appraisement may be approved by the port director without securing the
approval of the Commissioner of Customs for any of the following
merchandise:
(1) Merchandise damaged on the voyage of importation, by fire or
through marine casualty or any other cause, without fault on the part of
the shipper;
(2) Merchandise recovered from a wrecked or stranded vessel;
(3) Household effects used abroad and personal effects, not imported
in pursuance of a purchase or agreement for purchase and not intended
for sale;
(4) Articles sent by persons in foreign countries as gifts to
persons in the United States;
(5) Tools of trade of a person arriving in the United States;
(6) Personal effects of citizens of the United States who have died
in a foreign country; and
(7) Any of the following articles, which are deemed in accordance
with section 498(a)(10), Tariff Act of 1930, as amended (19 U.S.C.
1498(a)(10)), to be articles the value of which cannot be declared:
(i) Articles which are secondhand;
(ii) Articles which have become deteriorated or damaged before
importation otherwise than as specified in paragraph (a)(1) of this
section;
[[Page 66]]
(iii) Articles which are not the subject of a commercial
transaction; and
(iv) So-called overages or dock accumulations which cannot be
identified with any particular shipment.
(b) With Commissioner's approval. Entry by appraisement for
merchandise not provided for in paragraph (a) of this section shall be
allowed only with the approval of the Commissioner of Customs. Each
request for such approval shall be filed in triplicate with the port
director and shall state in detail the reasons for the request for entry
by appraisement.
(c) Merchandise not eligible. An application for an entry by
appraisement shall not be approved after the merchandise has been
appraised or released from Customs custody, nor for damaged merchandise
when the damage occurs after importation.
Sec. 143.12 Form of entry.
Application for an entry by appraisement shall be made in triplicate
on the entry summary, Customs Form 7501, or its electronic equivalent.
[T.D. 84-129, 49 FR 23168, June 5, 1984, as amended by CBP Dec. 15-14,
80 FR 61289, Oct. 13, 2015]
Sec. 143.13 Documents to be presented with entry.
The importer shall in all cases present:
(a) Any bills or statements of cost, or their electronic
equivalents, relating to the merchandise which may be in his possession;
and
(b) A declaration, or its electronic equivalent, that he has no
other information as to the value of the articles and is unable to
obtain such information or to determine the value of the articles for
the purpose of making formal entry thereof.
[T.D. 73-175, 38 FR 17463, July 2, 1973, as amended by CBP Dec. 15-14,
80 FR 61289, Oct. 13, 2015]
Sec. 143.14 Payment of additional expenses.
Any additional expenses for cartage, storage, or labor occasioned by
reason of an entry by appraisement shall be borne by the importer.
Sec. 143.15 Deposit of estimated duties and taxes.
Estimated duties shall be deposited in accordance with subpart G of
part 141 of this chapter before the merchandise is released from Customs
custody.
Sec. 143.16 Substitution of warehouse entry.
The importer may substitute an entry for warehouse at any time
within 1 year from the date of importation, provided the merchandise has
remained in continuous Customs custody.
Subpart C_Informal Entry
Sec. 143.21 Merchandise eligible for informal entry.
The following types of merchandise are among those which may be
entered under informal entry (see Sec. Sec. 141.52 and 143.22 of this
chapter):
(a) Shipments of merchandise not exceeding $2,500 in value (except
for articles valued in excess of $250 classified in Chapter 99,
Subchapters III and IV, HTSUS);
(b) Any installment, not exceeding $2,500 in value, of a shipment
arriving at different times, as described in Sec. 141.82 of this
chapter;
(c) A portion of one consignment, when such portion does not exceed
$2,500 in value and may be entered separately pursuant to Sec. 141.52
of this chapter. This paragraph does not apply to shipments of articles
valued in excess of $250 classified under Chapter 99, Subchapters III
and IV, HTSUS;
(d) Household or personal effects or tools of trade entitled to free
entry under Chapter 98, Subchapter IV, HTSUS (19 U.S.C. 1202);
(e) Household effects used abroad and personal effects whether or
not entitled to free entry, not imported in pursuance of a purchase or
agreement for purchase and not intended for sale;
(f) Household and personal effects described in paragraph (e) of
this section when entered under subheading 9802.00.40, HTSUS (19 U.S.C.
1202), and the value of the repairs and alterations thereto does not
exceed $2,500;
(g) Personal effects not exceeding $2,500 in value of citizens of
the United States who have died abroad;
[[Page 67]]
(h) Books and other articles classifiable under subheadings
4903.00.00, 4904.00.00, 4905.91.00, 4905.99.00, 9701.10.00, 9701.90.00,
9810.00.05, HTSUS (19 U.S.C. 1202), imported by a library or other
institution described in subheadings 9810.00.05 and 9810.00.30, HTSUS
(19 U.S.C. 1202);
(i) Theatrical scenery, properties, and effects, motion-picture
films, commercial travelers' samples and professional books, implements,
instruments, and tools of trade, occupation, or employment, as set forth
in Sec. 10.68 of this chapter;
(j) Merchandise which, upon written application to the Commissioner
of CBP, is determined to be unique in character or design such that the
value thereof cannot be declared and which is not intended for sale or
imported in pursuance of a purchase or agreement for purchase; and
(k) Products of the United States, when the aggregate value of the
shipment does not exceed $10,000 and the products are imported--
(1) For the purposes of repair or alteration prior to reexportation,
or
(2) After having been either rejected or returned by the foreign
purchaser to the United States for credit.
(l) Shipments of merchandise qualifying for the administrative
exemptions under 19 U.S.C. 1321(a)(2) and provided for in--
(1) Section 10.151 or 145.31 of this chapter (certain importations
not exceeding $800 in value);
(2) Section 10.152 or 145.32 of this chapter (certain bona-fide
gifts not exceeding $100 in value ($200 in the case of articles sent
from a person in the Virgin Islands, Guam, or American Samoa)); or
(3) Section 148.51 or 148.64 of this chapter (certain personal or
household articles not exceeding $200 in value).
[T.D. 73-175, 38 FR 17463, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
143.21, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 143.22 Formal entry may be required.
CBP may require a formal consumption or appraisement entry for any
merchandise if deemed necessary for import admissibility enforcement
purposes; revenue protection; or the efficient conduct of customs
business. Individual shipments for the same consignee, when such
shipments are valued at $2,500 or less, may be consolidated on one such
entry.
[CBP Dec. 12-19, 77 FR 72720, Dec. 6, 2012, as amended by CBP Dec. No.
16-26, 81 FR 93020, Dec. 20, 2016]
Sec. 143.23 Form of entry.
Except for the types of merchandise listed below which may be
entered on the forms indicated, merchandise to be entered informally
must be entered on a CBP Form 368 or 368A, (serially numbered) or CBP
Form 7501, or its electronic equivalent or, if authorized by the Center
director, upon the presentation of a commercial invoice which contains
the following declaration, signed by the importer or his agent:
I declare that the information on this invoice is accurate to the
best of my knowledge and belief; that the invoice quantities are true
and correct manifest quantities; and that I have not received and do not
know of any invoice other than this one.
(a) Articles in passengers' baggage which may be cleared on a
baggage declaration in accordance with subpart B of part 148 of this
chapter;
(b) Products of the United States being returned for which clearance
on CBP Form 3311, or its electronic equivalent, is prescribed by Sec.
10.1 of this chapter;
(c) Personal effects and tools of trade for which clearance on CBP
Form 3299, or its electronic equivalent, is prescribed by Sec. 148.6 of
this chapter; and
(d) Shipments not exceeding $2,500 in value (except for articles
valued in excess of $250 classified in Chapter 99, Subchapter III and
IV, Harmonized Tariff Schedule of the United States) which are either
(1) unconditionally free of duty and not subject to any quota or
internal revenue tax, or (2) conditionally free (other than shipments of
merchandise provided for in paragraph (g) of this section) and all
conditions for free entry are met at the time of entry, which may be
released upon the filing by the importer on CBP Form 7523, in duplicate,
supported by evidence of the right to make entry.
[[Page 68]]
(e) Merchandise for which informal entry may be made on a different
form as prescribed elsewhere in this chapter.
(f) Merchandise released under the immediate delivery procedure or
the entry documentation required by Sec. 142.3(a), and entry is made on
CBP Form 7501, or its electronic equivalent annotated ``Informal Entry''
in the upper right hand corner.
(g) Merchandise, regardless of value, which is imported for
noncommercial purposes, which qualifies for entry free of duty under the
Generalized System of Preferences (see Sec. Sec. 10.171 through 10.178
of this chapter), and for which informal entry may be made on CBP Form
7523, in duplicate.
(h) Products of the United States being returned for which informal
entry is permitted by Sec. 143.21(j) may be cleared as follows:
(1) For products of the United States returned for the purposes of
repair or alteration prior to reexportation. CBP Form 3311, or its
electronic equivalent, will serve as informal entry.
(2) For products of the United States after having been either
rejected or returned by the foreign purchaser for credit, CBP Form 7501,
or its electronic equivalent, annotated ``informal entry'' in the upper
right hand corner, and CBP Form 3311, or its electronic equivalent, will
serve as informal entry.
(i) A shipment of merchandise not exceeding $2,500 in value which is
imported by an express consignment operator or carrier and which meets
the requirements in Sec. 128.24 of this chapter may be entered as
provided in that section.
(j) Except for mail importations (see Sec. Sec. 145.31 and 145.32
of this chapter), or in the case of personal written or oral
declarations (see Sec. Sec. 148.12, 148.13, and 148.62 of this
chapter), ashipment of merchandise that qualifies for informal entry
under 19 U.S.C. 1498 may be entered, including the information listed in
paragraph (k) of this section, by presenting the bill of lading or a
manifest listing each bill of lading when:
(1) The value of the shipment does not exceed $100 in the case of a
bona fide gift from a person in a foreign country to a person in the
United States and the shipment meets the requirements in Sec. 10.152 of
this chapter (see Sec. 10.152 of this chapter);
(2) The value of the shipment does not exceed $200 in the case of
articles (including bona fide gifts) from the Virgin Islands, Guam, and
American Samoa and the shipment meets the requirements in Sec. 10.152
of this chapter (see Sec. 10.152 of this chapter); or
(3) The value of the shipment does not exceed $800 and the shipment
satisfies the requirements in Sec. 10.151 of this chapter (see
Sec. Sec. 10.151 and 128.24(e) of this chapter).
(k) The following information is required to be filed as a part of
entry made under paragraph (j) of this section:
(1) Country of origin of the merchandise;
(2) Shipper name, address and country;
(3) Ultimate consignee name and address;
(4) Specific description of the merchandise;
(5) Quantity;
(6) Shipping weight; and
(7) Value.
[T.D. 73-175, 38 FR 17463, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
143.23, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 143.24 Preparation of Customs Form 7501 and Customs Form 368
or 368A (serially numbered).
Customs Form 7501, or its electronic equivalent, may be prepared by
importers or their agents or by Customs officers when it can be
presented to a Customs cashier for payment of duties and taxes and for
numbering of the entry before the merchandise is examined by a Customs
officer. Where there is no Customs cashier, Customs Form 368 or 368A
(serially numbered) or Customs Form 7501 must be used, and it shall be
prepared by a Customs officer unless the form can be prepared under his
control by the importer or agent for immediate use in clearing
merchandise under the informal entry procedure. The conditions for the
preparation of Customs Form 7501 by importers or their agents, as
described in the first sentence of this section, do not apply
[[Page 69]]
to the acceptance of these entries for shipments not exceeding $250 in
value released under a special permit for immediate delivery in
accordance with part 142 of this chapter.
[T.D. 84-129, 49 FR 23168, June 5, 1984, as amended by T.D. 87-75, 52 FR
26142, July 13, 1987; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 92-
56, 57 FR 24944, June 12, 1992; CBP Dec. 15-14, 80 FR 61289, Oct. 13,
2015]
Sec. 143.25 Information on entry form, or its electronic equivalent.
Each Customs Form 368 or 368A (serially numbered) or, where used,
Customs Form 7501, or its electronic equivalent, shall contain an
adequate description of the merchandise and the item number of the
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), under
which the merchandise is classified.
[T.D. 76-213, 41 FR 31812, July 30, 1976, as amended by T.D. 87-75, 52
FR 26142, July 13, 1987; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 92-
56, 57 FR 24944, June 12, 1992; CBP Dec. 15-14, 80 FR 61289, Oct. 13,
2015]
Sec. 143.26 Party who may make informal entry of merchandise.
(a) Shipments valued between $800 and $2,500. A shipment of
merchandise valued between $800 and $2,500 which qualifies for informal
entry under 19 U.S.C. 1498 may be entered, using reasonable care, by the
owner or purchaser of the shipment or, when appropriately designated by
the owner, purchaser, or consignee of the shipment, a customs broker
licensed under 19 U.S.C. 1641.
(b) Shipments valued at $800 or less. A shipment of merchandise
valued at $800 or less which qualifies for informal entry under 19
U.S.C. 1498 and meets the requirements in 19 U.S.C. 1321(a)(2) (see
Sec. Sec. 10.151, 10.152, 10.153, 145.31, 145.32, 148.51, 148.64, of
this chapter) may be entered, using reasonable care, by the owner,
purchaser, or consignee of the shipment or, when appropriately
designated by one of these persons, a customs broker licensed under 19
U.S.C. 1641.
[T.D. 94-51, 59 FR 30296, June 13, 1994, as amended by T.D. 95-31, 60 FR
18991, Apr. 14, 1995; T.D. 98-28, 63 FR 16417, Apr. 3, 1998; CBP Dec.
12-19, 77 FR 72720, Dec. 6, 2012; CBP Dec. No. 16-13, 81 FR 58834, Aug.
26, 2016]
Sec. 143.27 Invoices.
In the case of merchandise imported pursuant to a purchase or
agreement to purchase, or intended for sale and entered informally, the
importer shall produce the commercial invoice covering the transaction
or, in the absence thereof, an itemized statement of value.
[T.D. 85-39, 50 FR 9612, Mar. 11, 1985]
Sec. 143.28 Deposit of duties and release of merchandise.
Unless statement processing and ACH are used pursuant to Sec. 24.25
of this chapter, the estimated duties and taxes, if any, shall be
deposited at the time the entry is presented and accepted by a Customs
Officer, whether at the customhouse or elsewhere. If upon examination of
the merchandise further duties or taxes are found due, they shall be
deposited before release of the merchandise by Customs. When the entry
is presented elsewhere than where the merchandise is to be examined, the
permit copy shall be delivered through proper channels to the Customs
officer who will examine the merchandise.
[T.D. 73-175, 38 FR 17463, July 2, 1973, as amended by T.D. 89-104, 54
FR 50499, Dec. 7, 1989]
Subpart D_Electronic Entry Filing
Source: T.D. 90-92, 55 FR 49886, Dec. 3, 1990, unless otherwise
noted.
Sec. 143.31 Applicability.
This subpart sets forth general requirements for the entry of
imported merchandise processed electronically through the CBP Automated
Commercial Environment (ACE) or any other CBP-authorized electronic data
interchange system. Entries processed electronically are subject to the
documentation, document retention and document retrievability
requirements of this chapter as well as the general entry requirements
of parts 141 and 142. Use of this system is voluntary and optional on
behalf of the filer. Customs does not contemplate that processing
[[Page 70]]
of non-electronic filings shall be delayed.
[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by CBP Dec. 15-14, 80
FR 61290, Oct. 13, 2015]
Sec. 143.32 Definitions.
The following are definitions for purposes of subparts D and E of
this part:
(a) ABI. ``ABI'' means the Automated Broker Interface functionality
that allows entry filers to transmit immediate delivery, entry and entry
summary data electronically to, and receive electronic messaging from,
CBP and receive transmissions from Automated Commercial Environment
(ACE) or any other CBP-authorized electronic data interchange system.
(b) Authorized electronic data interchange system means any
established mechanism approved by the Commissioner of CBP through which
information can be transferred electronically.
(c) AII. ``AII'' means Automated Invoice Interface and is a method
of transmitting detailed invoice data through ABI.
(d) Broker. ``Broker'' means a customs broker licensed under part
111 of this chapter.
(e) Certification. ``Certification'' means the electronic equivalent
of a signature for data transmitted through ABI. This electronic
(facsimile) signature must be transmitted as part of the immediate
delivery, entry or entry summary data. Such data are referred to as
``certified''.
(f) Data. ``Data'' when used in conjunction with immediate delivery,
entryand/or entry summary means the information required to be submitted
with the immediate delivery, entry and/or entry summary, respectively,
in accordance with the CATAIR (CBP Publication 552, Customs and Trade
Automated Interface Requirements) and/or CBP Headquarters directives. It
does not mean the actual paper documents, but includes all of the
information required to be in such documents.
(g) Documentation. ``Documentation'' when used in conjunction with
immediate delivery, entry and/or entry summary means the documents set
forth in Sec. 142.3 of this chapter, required to be submitted as part
of an application for immediate delivery, entry and/or entry summary,
but does not include the CBP Forms 7501, 3461, or their electronic
equivalents (or alternative forms).
(h) EDIFACT. ``EDIFACT'' means the Electronic Data Interchange for
Administration, Commerce and Transport that provides an electronic
capability to transmit detailed CBP Forms 7501 and 3461, or their
electronic equivalents and invoice data.
(i) Electronic entry. ``Electronic entry'' means the electronic
transmission to CBP of:
(1) Entry information required for the entry of merchandise; and
(2) Entry summary information required for the classification and
appraisement of the merchandise, the verification of statistical
information, and the determination of compliance with applicable law.
(j) Electronic immediate delivery. ``Electronic immediate delivery''
means the electronic transmission of CBP Forms 3461 or 3461 alternate
(CBP Form 3461 ALT) data to the Automated Commercial Environment (ACE)
or any other CBP-authorized electronic data interchange system in order
to obtain the release of goods under immediate delivery.
(k) Electronic Invoice Program (EIP). ``EIP'' refers to modules of
the Automated Broker Interface (ABI) that allow entry filers to transmit
detailed invoice data and includes Automated Invoice Interface (AII) and
any other electronic invoice authorized by CBP.
(l) Filer. ``Filer'' means the party certifying the electronic
filing of the application for immediate delivery, entry or entry
summary. Filer may be a broker or an importer of record filing his own
entries through ABI without the use of a broker.
(m) Preclassification/binding ruling number. ``Preclassification/
binding ruling number'' means the system by which classifications are
approved and assigned a unique identifying number. This number may be
transmitted as part of the ABI data.
(n) Records. ``Records'' means the records as defined in part 163 of
this chapter, which are required to be maintained pursuant to this
chapter.
[[Page 71]]
(o) Selectivity criteria. ``Selectivity criteria'' means the
categories of information that guide CBP's judgment in evaluating and
assessing the risk of an immediate delivery, entry, or entry summary
transaction. Based upon these criteria, immediate delivery or entry
transactions will be subject to either general examination, general
examination with document review, or intensive examination. Entry
summary transactions will be subject to either system review or summary
document review. General examination (entry/immediate delivery) and
system review (entry summary) procedures will constitute electronic
processing provided all conditions necessary for electronic processing
contained in this part are met.
(p) Statement processing. ``Statement processing'' means the method
of collection and accounting which allows a filer to pay for more than
one entry summary with one payment. ACS, or any other CBP-authorized
electronic data interchange system, generates the statement, which is
transmitted electronically to the filer, consisting of a list of entry
summaries and the amount of duties, taxes or fees, if any, due for
payment. Upon payment and collection of the statement, those entry
summaries designated as electronic will be scheduled for liquidation
(see Sec. 24.25 of this chapter).
[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR
32945, June 16, 1998; CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009; CBP
Dec. 15-14, 80 FR 61289, 61290, Oct. 13, 2015]
Sec. 143.33 Eligibility criteria for participation.
To be eligible for electronic immediate delivery, electronic entry
and electronic entry summary, the filer must be qualified to use the ABI
feature, as prescribed in Sec. 143.5. To be eligible for electronic
entry summary processing, filers must be authorized to use the ABI
statement processing system. Filers not so authorized would have to
follow the electronic entry summary with the submission of an entry
summary in paper form along with any duties, taxes or fees accruing.
[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by CBP Dec. 15-14, 80
FR 61290, Oct. 13, 2015]
Sec. 143.34 Procedure for electronic immediate delivery or entry.
To file immediate delivery or entry electronically, the filer will
submit certified immediate delivery or entry data electronically through
ABI. Data will be validated and, if found error-free, will be accepted.
If it is determined through selectivity criteria and review of data that
documentation is not required to be physically submitted in paper form,
merchandise will be released and Customs will electronically notify the
filer.
Sec. 143.35 Procedure for electronic entry summary.
In order to obtain entry summary processing electronically, the
filer will submit certified entry summary data electronically through
ABI. Data will be validated and, if the transmission is found error-
free, will be accepted. If it is determined through selectivity criteria
and review of data that documentation is required for further processing
of the entry summary, Customs will so notify the filer. Documentation
submitted before being requested by Customs will not be accepted or
retained by Customs. The entry summary will be scheduled for liquidation
once payment is made under statement processing (see Sec. 24.25 of this
chapter).
[T.D. 98-56, 63 FR 32945, June 16, 1998]
Sec. 143.36 Form of immediate delivery, entry and entry summary.
(a) Electronic form of data. If Customs determines that the
immediate delivery, entry or entry summary data is satisfactory under
Sec. Sec. 143.34 and 143.35, the electronic form of the immediate
delivery, entry or entry summary through ABI shall be deemed to satisfy
all filing requirements under this part. Further, the filer will not be
required to produce or physically submit any official Customs forms of
immediate delivery, entry or entry summary. The filer is responsible for
the accuracy of the data submitted electronically to the same extent as
if the documents
[[Page 72]]
were produced, signed and physically submitted by the filer (see Sec.
111.32 of this chapter).
(b) Accuracy of data. Participation constitutes declaration by the
electronic filer that, to the best of his knowledge, all transactions
filed electronically fully disclose prices, values, quantities, rebates,
drawbacks, fees, commissions, and royalties, which are true and correct,
and that all goods or services provided either free or at a reduced cost
to the seller of the merchandise are fully disclosed (see Sec. 111.32
of this chapter).
(c) Submission of invoice. The invoice will be retained by the filer
unless requested by Customs. If the invoice is submitted by the filer
before a request is made by Customs, it will not be accepted or retained
by Customs. When Customs requests presentation of the invoice, invoice
data must be submitted in one of the following forms:
(1) Paper form;
(2) AII or EDIFACT format.
(3) In appropriate cases where a party has obtained a
preclassification/binding ruling number covering the merchandise being
entered, or is a participant in a pre-approval program, and information
is electronically transmitted which is adequate for the examination of
the merchandise and the determination of duties, and for verifying the
information required for statistical purposes by Sec. 141.61(e) of this
chapter, such information will satisfy the invoice requirement of this
part and part 141 of this chapter.
[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR
32945, June 16, 1998]
Sec. 143.37 Retention of records.
(a) Record maintenance requirements. All records received or
generated by a broker or importer must be maintained in accordance with
part 163 of this chapter.
(b) Termination of broker's responsibility. If the broker is
discharged by the importer, he shall retain the documentation for those
deliveries, entries or entry summaries filed by him prior to such
discharge. Documentation in possession of a broker at the time of
permanent termination of the brokerage business shall be accounted for
pursuant to Sec. 111.30(e) of this chapter.
[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR
32945, June 16, 1998]
Sec. 143.38 [Reserved]
Sec. 143.39 Penalties.
(a) Brokers. Brokers unable to produce records requested by Customs
under this chapter will be subject to disciplinary action or penalties
pursuant to part 111 or part 163 of this chapter.
(b) Importers. Importers unable to produce records requested by
Customs under this chapter will be subject to penalties pursuant to part
163 of this chapter.
[T.D. 98-56, 63 FR 32945, June 16, 1998]
Subpart E_Remote Location Filing
Source: CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009, unless otherwise
noted.
Sec. 143.41 Applicability.
This subpart sets forth the general requirements and procedures for
Remote Location Filing (RLF). RLF entries are subject to the
documentation, document retention and document retrieval requirements of
this chapter as well as the general entry requirements of parts 141, 142
and 143 of this chapter. Participation in the RLF program is voluntary
and at the option of the filer.
Sec. 143.42 Definitions.
The following definitions, in addition to the definitions set forth
in Sec. 143.32 of this part, apply for purposes of this subpart E:
(a) Remote Location Filing (RLF)--``RLF'' is an elective method of
making entry by which a customs broker with a national permit
electronically transmits all data information associated with an entry
that CBP can process in a completely electronic data interchange system
to a RLF-operational CBP location from a remote location other than
where the goods are being entered. (Importers filing on
[[Page 73]]
their own behalf may file electronically in any port, subject to ABI
filing requirements.)
(b) RLF-operational CBP location--``RLF-operational CBP location''
means a CBP location within the customs territory of the United States
that is staffed with CBP personnel who have been trained in RLF
procedures and who have operational experience with the Electronic
Invoice Program (EIP). EIP is defined in Sec. 143.32 of this chapter. A
list of all RLF-operational locations is available for viewing on the
CBP Internet Web site located at http://www.cbp.gov/xp/cgov/trade/
trade_programs/remote_location_filing/.
Sec. 143.43 RLF eligibility criteria.
(a) Automation criteria. To be eligible for RLF, a licensed customs
broker or importer of record must be:
(1) Operational on the ABI (see 19 CFR part 143, subpart A);
(2) Operational on the EIP prior to applying for RLF; and
(3) Operational on the ACH (or any other CBP-approved method of
electronic payment), for purposes of directing the electronic payment of
duties, taxes and fees (see 19 CFR 24.25), 30 days before transmitting a
RLF entry.
(b) Broker must have national permit. To be eligible for RLF, a
licensed customs broker must hold a valid national permit (see 19 CFR
111.19(f)).
(c) Continuous bond. A RLF entry must be secured with a continuous
bond.
Sec. 143.44 RLF procedure.
(a) Electronic transmission of invoice data. For RLF transactions, a
customs broker or importer of record must transmit electronically, using
EIP, any invoice data required by CBP.
(b) Electronic transmission of payment. For RLF transactions, a
customs broker or importer of record must direct the electronic payment
of duties, taxes and fees through the ACH (see 19 CFR 24.25) or any
other method of electronic payment authorized by CBP.
(c) Automation requirements. Only those entries and entry summaries
that CBP processes completely in an electronic data interchange system
will be accepted for RLF. For a listing of entry types that may be filed
via RLF, go to http://www.cbp.gov/xp/cgov/trade/trade_programs/
remote_location_filing/.
(d) Combined electronic entry and entry summary. For RLF
transactions using a combined electronic entry and entry summary, a
customs broker must submit to CBP, through ABI or any other electronic
interface authorized by CBP, a complete and error-free electronic data
transmission constituting the entry summary that serves as both the
entry and entry summary.
(e) No line release or immediate delivery entries permitted under
RLF. Line release (see 19 CFR, Part 142, Subpart D) or immediate
delivery procedures may not be combined with RLF transactions.
(f) Data acceptance and release of merchandise. Data that are
complete and error free will be accepted by CBP. If electronic invoice
or additional electronic documentation is required, CBP will so notify
the RLF filer. If no documentation is required to be filed, CBP will so
notify the RLF filer. If CBP accepts the RLF entry (including invoice
data) under Sec. Sec. 143.34 through 143.36 of this part, the RLF entry
will be deemed to satisfy all filing requirements under this part and
the merchandise may be released.
(g) Liquidation. The entry summary will be scheduled for liquidation
once payment is made under statement processing (see 19 CFR 24.25).
Sec. 143.45 Filing of additional entry information.
When filing from a remote location, a RLF filer must electronically
file all additional information required by CBP to be presented with the
entry and entry summary information (including facsimile transmissions)
that CBP can accept electronically. If CBP cannot accept additional
information electronically, the RLF filer must file the additional
information in a paper format at the CBP port of entry where the goods
arrived.
PART 144_WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS--Table of Contents
Sec.
144.0 Scope.
[[Page 74]]
Subpart A_General Provisions
144.1 Merchandise eligible for warehousing.
144.2 Liability of importers and sureties.
144.3 Allowance for damage.
144.4 Allowance for abandoned, destroyed, or exported merchandise.
144.5 Period of warehousing.
144.6 [Reserved]
144.7 Disposition of merchandise after expiration of warehousing period.
Subpart B_Requirements and Procedures for Warehouse Entry
144.11 Form of entry.
144.12 Contents of entry summary; estimated duties.
144.13 Bond requirements.
144.14 Removal to warehouse.
144.15 Entry and withdrawal from Customs bonded warehouses of distilled
spirits.
Subpart C_Transfer of Right To Withdraw Merchandise from Warehouse
144.21 Conditions for transfer.
144.22 Endorsement of transfer on withdrawal form.
144.23 Endorsement in blank.
144.24 Transferee's bond.
144.25 Deposit of forms.
144.26 Further transfer.
144.27 Withdrawal from warehouse by transferee.
144.28 Protest by transferee.
Subpart D_Withdrawals from Warehouse
144.31 Right to withdraw.
144.32 Statement of quantity; charges and liens.
144.33 Minimum quantities to be withdrawn.
144.34 Transfer to another warehouse.
144.35 Withdrawal of vessel and aircraft supplies and equipment.
144.36 Withdrawal for transportation.
144.37 Withdrawal for exportation.
144.38 Withdrawal for consumption.
144.39 Permit to transfer and withdraw merchandise.
Subpart E_Rewarehouse Entries
144.41 Entry for rewarehouse.
144.42 Combined entry for rewarehouse and withdrawal for consumption.
Authority: 19 U.S.C. 66, 1484, 1557, 1559, 1624.
Section 144.3 also issued under 19 U.S.C. 1563;
Section 144.33 also issued under 19 U.S.C. 1562;
Section 144.37 also issued under 19 U.S.C. 1555, 1562.
Source: T.D. 73-175, 38 FR 17464, July 2, 1973, unless otherwise
noted.
Sec. 144.0 Scope.
This part contains regulations pertaining to the entry and
withdrawal of merchandise under the provisions of section 557, Tariff
Act of 1930, as amended (19 U.S.C. 1557), which among other things
provides that articles subject to duty may be entered for warehousing
and deposited in a bonded warehouse at the expense and risk of the
owner, importer, or consignee, and withdrawn from warehouse for
consumption upon payment of duties and charges. The requirements and
procedures set forth in this part are in addition to the general
requirements and procedures for all entries set forth in part 141 of
this chapter. Regulations pertaining to manipulation in warehouse,
manufacturing warehouses, and smelting and refining warehouses are set
forth in part 19 of this chapter.
Subpart A_General Provisions
Sec. 144.1 Merchandise eligible for warehousing.
(a) Types of merchandise. Any merchandise subject to duty may be
entered for warehousing except for perishable merchandise and explosive
substances (other than firecrackers). Dangerous and highly flammable
merchandise, though not classified as explosive, shall not be entered
for warehouse without the written consent of the insurance company
insuring the warehouse in which the merchandise is to be stored.
(b) [Reserved]
(c) Merchandise previously entered. If merchandise has been entered
under other than a warehouse entry and has remained in continuous
Customs custody, a warehouse entry may be substituted for the previous
entry. If estimated duties were deposited with the superseded previous
entry, that entry shall be liquidated for refund of the estimated duties
without awaiting liquidation of the warehouse entry. All copies of the
warehouse entry shall bear the following notation: This entry is in
substitution of ____________; entry No.
[[Page 75]]
______, dated ____________.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47
FR 49376, Nov. 1, 1982; T.D. 84-149, 49 FR 28699, July 16, 1984]
Sec. 144.2 Liability of importers and sureties.
The importer of merchandise entered for warehouse is liable for the
payment of all unpaid duties not only as principal on the bond filed on
Customs Form 301, containing the bond conditions set forth in Sec.
113.62 of this chapter, but also by reason of his personal liability as
consignee. Under the conditions of the bond, the sureties on the bond
shall be held liable for the payment of duties and Customs charges not
paid by the principal on the bond, whether such duties and charges are
finally ascertained before the merchandise is withdrawn from Customs
custody or thereafter. Liability may be transferred in part along with
the right to withdraw the merchandise, in accordance with Subpart C of
this part.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984]
Sec. 144.3 Allowance for damage.
No abatement or allowance of duties shall be made on account of
damage, loss, or deterioration of the merchandise while in warehouse,
except as provided for by law (see part 158 of this chapter).
Sec. 144.4 Allowance for abandoned, destroyed, or exported merchandise.
Allowance in duties shall be made for merchandise in warehouse which
is abandoned or destroyed in accordance with Sec. 158.43 of this
chapter or exported in accordance with Sec. 144.37.
Sec. 144.5 Period of warehousing.
Merchandise must not remain in a bonded warehouse beyond 5 years
from the date of importation or such longer period of time as the Center
director may at his discretion permit upon proper request being filed
and good cause shown.
[CBP Dec. 09-48, 74 FR 68686, Dec. 29, 2009, as amended by CBP Dec. No.
16-26, 81 FR 93020, Dec. 20, 2016]
Sec. 144.6 [Reserved]
Sec. 144.7 Disposition of merchandise after expiration of warehousing period.
Merchandise remaining in a bonded warehouse after the expiration of
the warehousing period shall be disposed of in accordance with Sec.
127.14 of this chapter.
[T.D. 79-221, 44 FR 46828, Aug. 9, 1979]
Subpart B_Requirements and Procedures for Warehouse Entry
Sec. 144.11 Form of entry.
(a) Entry. The documentation required by Sec. 142.3 of this chapter
shall be filed at the time of entry. If the entry summary, Customs Form
7501, or its electronic equivalent is filed at the time of entry for
merchandise to be entered for warehouse, it shall serve as both the
entry and the entry summary, and Customs Form 3461 or 7533, or their
electronic equivalents, shall not be required. If the entry summary is
not filed at the time of entry, it shall be filed within the time limit
prescribed by Sec. 142.12 of this chapter. If merchandise is released
before the filing of the entry summary, the importer shall have a bond
on file, as prescribed by Sec. 142.4 of this chapter.
(b) Customs Form 7501, or its electronic equivalent. The entry
summary for merchandise entered for warehouse shall be executed in
triplicate on Customs Form 7501, or its electronic equivalent
appropriately modified, and shall include all of the statistical
information required by Sec. 141.61(e) of this chapter. The port
director may require an extra copy or copies of Customs Form 7501,
annotated ``PERMIT'' for use in connection with delivery of the
merchandise to the bonded warehouse.
(c) Designation of warehouse. The importer shall designate on the
entry summary, Customs Form 7501, or its electronic equivalent the
bonded warehouse in which he desires his merchandise deposited.
(d) Specification list. When packages which are not uniform in
contents, quantities, values, or rates of duties are grouped together as
one item on an entry summary, a specification list
[[Page 76]]
(original only) shall be furnished with the entry summary, showing
separately opposite the marks or numbers of each package, the quantity
of each class of merchandise, the entered value of each class, and the
rates of duty claimed for each. However, a specification list is not
needed if one withdrawal is to be filed for all the merchandise covered
by the entry summary.
[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49
FR 23168, June 5, 1984; CBP Dec. 15-14, 80 FR 61290, Oct. 13, 2015]
Sec. 144.12 Contents of entry summary; estimated duties.
The entry summary, Customs Form 7501, or its electronic equivalent
shall show the value, classification, and rate of duty as approved by
the Center director at the time the entry summary is filed. However, no
deposit of estimated duties shall be required until the merchandise is
withdrawn for consumption.
[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49
FR 23168, June 5, 1984; CBP Dec. 15-14, 80 FR 61290, Oct. 13, 2015; CBP
Dec. No. 16-26, 81 FR 93020, Dec. 20, 2016]
Sec. 144.13 Bond requirements.
A bond on Customs Form 301, containing the bond conditions set forth
in Sec. 113.62 of this chapter shall be filed in the amount required by
the Center director to support the entry documentation.
[T.D, 84-213, 49 FR 41185, Oct. 19, 1984, as amended by CBP Dec. No. 16-
26, 81 FR 93020, Dec. 20, 2016]
Sec. 144.14 Removal to warehouse.
When the entry summary, Customs Form 7501, or its electronic
equivalent and the bond on Customs Form 301, containing the bond
conditions set forth in Sec. 113.62 of this chapter have been filed,
the merchandise shall be sent to the bonded warehouse, except for:
(a) Merchandise for which an immediate withdrawal if filed, or
(b) Packages designated for examination elsewhere than at the
warehouse, which shall be sent to the warehouse after examination.
[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49
FR 23168, June 5, 1984; T.D. 84-213, 49 FR 41185, Oct. 19, 1984; CBP
Dec. 15-14, 80 FR 61290, Oct. 13, 2015]
Sec. 144.15 Entry and withdrawal from Customs bonded warehouses
of distilled spirits.
(a) Distilled spirits entered in warehouse under section 5066(a),
Internal Revenue Code--(1) General rule. Except as otherwise provided in
this section, distilled spirits entered into Customs bonded warehouse in
accordance with section 5066(a), Internal Revenue Code, as amended (26
U.S.C. 5066(a)), shall be treated in the same manner as any other
merchandise entered for warehouse.
(2) Withdrawal from warehouse for domestic consumption. Distilled
spirits entered in warehouse under this paragraph may be withdrawn from
warehouse for domestic consumption under section 5066(c), Internal
Revenue Code, as amended (26 U.S.C. 5066(c)). In this case, the
distilled spirits shall be subject to duty as American goods exported
and returned under subheading 9801.00.80, Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202).
(b) Distilled spirits transferred from a manufacturing warehouse to
a storage warehouse under section 311, Tariff Act of 1930--(1)
Prohibition on withdrawal from warehouse for domestic consumption.
Domestic distilled spirits which have been transferred from a Customs
bonded manufacturing warehouse, Class 6, to a Customs bonded storage
warehouse, Class 2 or 3, in accordance with section 311, Tariff Act of
1930, as amended (19 U.S.C. 1311), may not be withdrawn under section
5066(c) of the Internal Revenue Code, as amended (26 U.S.C. 5066(c)),
for domestic consumption.
(2) Procedure governing transfer of distilled spirits from
manufacturing warehouse to storage warehouse. For procedure concerning
the transfer of such distilled spirits from Customs bonded manufacturing
warehouse, Class 6, to Customs bonded storage warehouse, see Sec.
19.15(g)(2) of this chapter.
(c) Distilled spirits entered under section 5214(a)(9), Internal
Revenue Code--(1) General rule. Distilled spirits may be
[[Page 77]]
entered into a Customs bonded storage warehouse under section
5214(a)(9), Internal Revenue Code, as amended (26 U.S.C. 5214(a)(9)), in
the same manner as any other merchandise is entered for warehouse,
unless otherwise provided in this section.
(2) Withdrawal only for exportation. Distilled spirits warehoused
under section 5214(a)(9), Internal Revenue Code, may be withdrawn only
for the purpose of exportation, either directly or after rewarehousing
at the same or another port. The distilled spirits may not be withdrawn
for domestic consumption.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 78-298, 43
FR 38382, Aug. 28, 1978; T.D. 80-271, 45 FR 75641, Nov. 17, 1980; T.D.
84-213, 49 FR 41185, Oct. 19, 1984; T.D. 89-1, 53 FR 51263, Dec. 21,
1988]
Subpart C_Transfer of Right To Withdraw Merchandise from Warehouse
Sec. 144.21 Conditions for transfer.
Under the provisions of section 557(b) Tariff Act of 1930, as
amended (19 U.S.C. 1557(b)), the right to withdraw all or part of
merchandise entered for warehouse may be transferred by appropriate
endorsement on the withdrawal form, provided that the transferee files a
bond on Customs Form 301, containing the bond conditions set forth in
Sec. 113.62 of this chapter. Upon the deposit of the endorsed form,
properly executed, and the transferee's bond with the Customs officer
designated to receive such form and bond, the transferor and his
sureties shall be relieved from all undischarged liability.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 84-213, 49
FR 41185, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984]
Sec. 144.22 Endorsement of transfer on withdrawal form.
Transfer of the right to withdraw merchandise entered for warehouse
shall be established by an appropriate endorsement on the withdrawal
form by the person primarily liable for payment of duties before the
transfer is completed, i.e., the person who made the warehouse or
rewarehouse entry or a transferee of the withdrawal right of such
person. Endorsement shall be made on whichever of the following
withdrawal forms is applicable:
(a) Customs Form 7501, or its electronic equivalent, for:
(i) A duty paid warehouse withdrawal for consumption;
(ii) Withdrawal with no duty payment (diplomatic use);
(iii) Merchandise to be withdrawn as vessel or aircraft supplies and
equipment under Sec. 10.60 of this chapter or other conditionally free
merchandise;
(b) In-bond application filed pursuant to part 18 of this chapter,
for merchandise to be withdrawn for transportation, exportation, or
transportation and exportation.
[T.D. 82-204, 47 FR 49376, Nov. 1, 1982, as amended by T.D. 95-81, 60 FR
52295, Oct. 6, 1995; CBP Dec. 15-14, 80 FR 61290, Oct. 13, 2015; CBP
Dec. No. 17-13, 82 FR 45406, Sept. 28, 2017]
Sec. 144.23 Endorsement in blank.
If the transferor wishes to do so, he may endorse the withdrawal
form to authorize the right to withdraw the merchandise specified
thereon but leave the space for the name of the transferee blank. A
holder of a withdrawal form so endorsed and otherwise fully executed may
insert his own name in the blank space, deposit such form and his
transferee's bond with the Customs officer designated to receive such
form and bond, and thereby establish his right to withdraw the
merchandise.
Sec. 144.24 Transferee's bond.
The transferee's bond shall be on Customs Form 301 and contain the
bond conditions set forth in Sec. 113.62 of this chapter.
[T.D. 84-213, 49 FR 41185, Oct. 19, 1984]
Sec. 144.25 Deposit of forms.
Either the transferor or the transferee may deposit the endorsed
withdrawal form and transferee's bond with the Customs officer
designated to receive such form and bond.
Sec. 144.26 Further transfer.
The right of a transferee to withdraw the merchandise may not be
revoked
[[Page 78]]
by the transferor but may be retransferred by the transferee.
Sec. 144.27 Withdrawal from warehouse by transferee.
At any time within the warehousing period, a transferee who has
established his right to withdraw merchandise may withdraw all or part
of the merchandise covered by the transfer by filing any authorized kind
of withdrawal from warehouse in accordance with subpart D of this part.
Sec. 144.28 Protest by transferee.
(a) Entries on or after January 12, 1971. A transferee of
merchandise entered for warehouse on or after January 12, 1971, shall
have the right to file a protest under section 514, Tariff Act of 1930,
as amended (19 U.S.C. 1514), to the same extent that such right would
have been available to the transferor.
(b) Entries prior to January 12, 1971. A transferee of merchandise
entered for warehouse prior to January 12, 1971, shall have no right to
file a protest, except under the conditions set forth in section 557(b),
Tariff Act of 1930, as amended (19 U.S.C. 1557(b)), prior to the
amendments made thereto by Pub. L. 91-685, effective January 12, 1971
(T.D. 71-55).
Subpart D_Withdrawals from Warehouse
Sec. 144.31 Right to withdraw.
Withdrawals from bonded warehouse may be made only by the person
primarily liable for the payment of duties on the merchandise being
withdrawn, i.e., the importer of record on the warehouse entry, the
actual owner if an actual owner's declaration and superseding bond have
been filed in accordance with Sec. 141.20 of this chapter, or the
transferee if the right to withdraw the merchandise has been transferred
in accordance with subpart C of this part. No new declaration of the
consignee or agent is required.
Sec. 144.32 Statement of quantity; charges and liens.
(a) On each withdrawal. Each withdrawal filed shall have indicated
thereon, preferably in the lower part of the left-hand margin if there
is no space designated on the form for such information, a summary
statement of the account to which it is related. The statement shall
indicate:
(1) The quantity (i.e., the number of outer containers, or tons,
etc.) in the warehouse account before the withdrawal;
(2) The quantity being withdrawn; and
(3) The quantity remaining in warehouse after the withdrawal. The
quantity in each instance may be shown as a cumulative total event
though it may include a group of varied units such as boxes, cases, or
cartons, and may consist of more than one commodity, such as distilled
spirits, chinaware, etc.
(b) Transferred merchandise. When all or a portion of an original
lot has been transferred to a new owner in accordance with subpart C of
this part, each withdrawal by the transferee shall show only the
quantity on hand in the transferee's name before the withdrawal, the
quantity being withdrawn by the transferee, and the transferred quantity
remaining in the warehouse after the withdrawal. The quantity retained
by the original importer and the quantity transferred shall be treated
as separate accounts.
(c) Charges and liens. Upon receipt of an application to withdraw
merchandise the appropriate Customs officer shall determine whether
there are any cartage, storage, labor, or any other charges due the
Government in connection with the goods remaining unpaid or whether
there is on file any notice of lien filed by a carrier. If there are no
charges or liens or all charges and liens have been satisfied, and all
other requirements of law or regulations have been met, the application
to withdraw shall be approved.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47
FR 49376, Nov. 1, 1982; T.D. 86-118, 51 FR 22516, June 20, 1986]
Sec. 144.33 Minimum quantities to be withdrawn.
Unless by special authority of the Commissioner of Customs,
merchandise shall not be withdrawn from bonded warehouse in quantities
less than an entire bale, cask, box, or other package, or, if in bulk,
in quantities less
[[Page 79]]
than 1 ton in weight or the entire quantity imported, whichever is
smaller.
Sec. 144.34 Transfer to another warehouse.
(a) At the same port. With the concurrence of the proprietors of the
delivering and receiving warehouses, merchandise may be transferred from
one bonded warehouse to another at the same port under Customs
supervision and at the expense of the importer upon his written request
to the port director, who shall issue an order for such transfer on
Customs Form 6043. However, the port director may require the filing of
a rewarehouse entry under Sec. 144.41 if he determines it necessary for
proper control of the merchandise. All charges shall be paid before
merchandise is transferred from a warehouse of class 1 (see Sec. 19.1
of this chapter for classes of warehouses). The quantities of goods so
transferred shall be subject to the joint determination of the warehouse
proprietor and the cartman, lighterman, or private bonded carrier, as
provided in Sec. 19.6 of this chapter.
(b) At another port. Merchandise may be transferred to a warehouse
which is under the jurisdiction of another port by withdrawing the
merchandise for transportation in accordance with Sec. 144.36 and
entering it for rewarehouse in accordance with Sec. 144.41 upon arrival
at destination. All charges shall be paid before merchandise is
transferred from the warehouse of class 1 (see Sec. 19.1 of this
chapter for classes of warehouses).
(c) Transfers between integrated bonded warehouses--(1) Eligibility.
(i) Only an importer who will transfer warehoused merchandise among
Class 2 and 9 warehouses listed on the application in paragraph (c)(2)
of this section is eligible to participate.
(ii) The importer must have a centralized inventory control system
that shows the location of all of the warehoused merchandise at all
times, including merchandise in transit.
(iii) The importer and its surety must sign the application. If the
application to use this alternative procedure is approved by the
appropriate port director, the importer's entry bond containing the
conditions provided under Sec. 113.62 of this chapter will continue to
attach to any merchandise transferred under these alternative
procedures.
(iv) Each proprietor of a warehouse listed on the application and
each surety who underwrites that proprietor's custodial bond coverage
under Sec. 113.63 of this chapter shall sign the application.
(2) Application. Application must be made in writing to the port
director of the port in which the applicant's centralized inventory
control system exists, with copies to all affected port directors, for
exemptions from the requirements for transfer of merchandise from one
bonded warehouse to another set forth in paragraphs (a) and (b) of this
section. The application must list all bonded warehouses to and from
which the merchandise may be transferred; all such warehouses must be
covered by the same centralized inventory control system. Only blanket
exemption requests will be considered; exemptions will not be considered
for individual transfers. The application may be in letter form, signed
by all participants, and contain a certification to the port director by
the applicant that he maintains accounting records, documents and
financial statements and reports that adequately support Customs
activities.
(3) Operation. An importer who receives approval to transfer
merchandise between bonded warehouses in accordance with the provisions
of this section may, after entry into the first warehouse, transfer that
merchandise to any other warehouse without filing a withdrawal from
warehouse or a rewarehouse entry. The warehoused merchandise will be
treated as though it remains in the first warehouse so long as the
actual location of the merchandise at all times is recorded as provided
under the provisions of this section.
(4) Inventory control requirements. The records required to be
maintained must include a centralized inventory control system and
supporting documentation which meets the following requirements:
(i) Provide Customs upon demand with the proper on-hand balance of
each inventory item in each warehouse facility and each storage location
within each warehouse;
[[Page 80]]
(ii) Provide Customs upon demand with the proper on-hand balance for
each open warehouse entry and the actual quantity in each warehouse
facility;
(iii) If an alternative inventory system has been approved, provide
Customs upon demand with the proper on-hand balance for each unique
identifier and the quantity related to each open warehouse entry and the
quantity in each warehouse facility;
(iv) Maintain documentation for all intracompany movements,
including authorizations for the movement, shipping documents and
receiving reports. These documents must show the appropriate warehouse
entry number or unique identifier, the description and quantity of the
merchandise transferred, and must be properly authorized and signed
evidencing shipment from and delivery to each location;
(v) Maintain a consolidated permit file folder at the location where
the merchandise was originally warehoused. The consolidated permit file
folder must meet the requirements of Sec. 19.12(d)(4) of this chapter
regardless of the warehouse facility in which the action occurred.
Documentation for all intracompany movements, including authorizations
for movement, shipping documents, receiving reports, as well as
documentation showing ultimate disposition of the merchandise must be
filed in the consolidated permit file folder within seven business days;
(vi) Maintain a subordinate permit file at all intracompany
locations where merchandise is transferred containing copies of
documentation required by Sec. 19.12(d)(4) of this chapter and by
paragraph (c)(3)(v) of this section relating to merchandise quantities
transferred to the location. A copy of all documents in the subordinate
permit file folder must be filed in the consolidated permit file folder
within seven business days; no exceptions will be granted to this
requirement. When the final withdrawal is made on the respective entry,
the subordinate permit file shall be considered closed and filed at the
intracompany location to which the merchandise was transferred; and
(vii) File the withdrawal from Customs custody at the original
warehouse location at which the merchandise was entered.
(5) Waiver of permit file folder requirements. The permit file
folder requirements of paragraphs (c)(3)(v) and (c)(3)(vi) of this
section may be waived if the proprietor's recordkeeping and inventory
control system qualifies under the requirements of Sec.
19.12(d)(4)(iii) of this chapter at all locations where bonded
merchandise is stored.
(6) Procedure not available--(i) Liens. The transfer procedures
permitted under paragraph (c) of this section shall not be available for
merchandise with respect to which Customs is notified of the existence
of a lien, as prescribed in Sec. 141.112 of this chapter (see 19 U.S.C.
1564), until proof shall be produced at the original warehouse location
that the lien has been satisfied or discharged.
(ii) Restricted merchandise. With the exception of alcohol and
tobacco products, merchandise subject to a restriction on release such
as covered by a licensing, quota or visa requirement, is not eligible.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47
FR 49376, Nov. 1, 1982; T.D. 97-19, 62 FR 15840, Apr. 3, 1997]
Sec. 144.35 Withdrawal of vessel and aircraft supplies and equipment.
Supplies and equipment for vessels and aircraft may be withdrawn
from warehouse under the procedures set forth in this subpart and in
Sec. Sec. 10.59 through 10.65 of this chapter.
Sec. 144.36 Withdrawal for transportation.
(a) Time limit. Merchandise may be withdrawn from warehouse for
transportation to another port of entry if withdrawal for consumption or
exportation can be accomplished at the port of destination before the
expiration of the warehousing period.
(b) Physical deposit in warehouse not needed. All or any part of the
merchandise covered by an entry summary, Customs Form 7501, or its
electronic equivalent, may be withdrawn for transportation without
deposit in a bonded warehouse and may be permitted to remain on the
vessel or other vehicle or on the pier in a constructive
[[Page 81]]
warehouse status pending examination. When any such merchandise not
deposited in a warehouse is not forwarded under the withdrawal for
transportation on account of damage or other cause, the importer shall
be required to withdraw such merchandise immediately for consumption or
exportation, or designate a warehouse to which it may be sent and, upon
his failure to do so, it shall be treated as unclaimed.
(c) Form. (1) A withdrawal for transportation shall be filed by
submitting an in-bond application pursuant to part 18 of this chapter.
(2) Separate withdrawals for transportation from a single warehouse,
via a single conveyance, consigned to the same consignee, and deposited
into a single warehouse, can be filed using one in-bond application,
under one control number, provided that the information for each
withdrawal, as required in paragraph (d) of this section is provided in
the in-bond application for certification by CBP. With the exception of
alcohol and tobacco products, this procedure will not be allowed for
merchandise that is in any way restricted (for example, quota/visa).
(3) The requirement that an in-bond application be filed and the
information required in paragraph (d) of this section be shown will not
be required if the merchandise qualifies under the exemption in Sec.
144.34(c).
(d) Information required. In addition to the statement of quantity
required by Sec. 144.32, the following information for the merchandise
being withdrawn must be provided in the in-bond application:
(1) The original entry number, date of entry, date of entry summary,
and port at which filed;
(2) The name of the consignee at the port of destination;
(3) Any ascertained weight, gauge, or measure;
(4) The entered value of the merchandise;
(5) Estimated duties, if any;
(6) A statement that the merchandise is or is not admissible for
consumption and the reason for non-admissibility, if applicable; and
(7) The statistical information required by Sec. 141.61(e) of this
chapter.
When the withdrawal is made after the merchandise has been rewarehoused,
the rewarehouse entry number, date, and port at which filed also shall
be shown.
(e) Duty on samples withdrawn. The duty on any samples withdrawn at
the original port from a shipment covered by a withdrawal for
transportation shall be collected at such port and a notation thereof
made on the withdrawal form. No separate invoice or extract from the
original invoice shall be required to cover such samples.
(f) Forwarding procedure. The merchandise must be forwarded in
accordance with the general provisions for transportation in bond
(Sec. Sec. 18.1 through 18.9 of this chapter). However, when the
alternate procedures for transfers between integrated bonded warehouses
under Sec. 144.34(c) are employed, the merchandise need not be
delivered to a bonded carrier for transportation, and an entry for
transportation and a rewarehouse entry will not be required.
(g) Procedure at destination. Upon arrival at destination, the
merchandise may be:
(1) Entered for rewarehouse in accordance with Sec. 144.41;
(2) Entered for combined rewarehouse and withdrawal for consumption
in accordance with Sec. 144.42;
(3) Exported in accordance with paragraph (h) of this section;
(4) Forwarded to another port or returned to the origination port in
accordance with Sec. Sec. 18.5(c) or 18.9 of this chapter;
(5) Admitted to a foreign trade zone in zone-restricted status as
provided in part 146 of this chapter; or
(6) Deposited into the proprietor's bonded warehouse or duty free
store warehouse without rewarehouse entry as required in Sec. 144.41,
if the merchandise qualifies for the exemption specified in Sec.
144.34(c).
(h) Exportation. A consignee of merchandise withdrawn for
transportation who desires to export the merchandise upon arrival at
destination shall so advise the port director at destination in writing.
The port director shall then permit the exportation of the merchandise
under Customs supervision in the
[[Page 82]]
same manner as a withdrawal for indirect exportation under Sec. 144.37.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 79-221, 44
FR 46828, Aug. 9, 1979; T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-
212, 49 FR 39047, Oct. 3, 1984; T.D. 86-16, 51 FR 5064, Feb. 11, 1986;
T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-19, 62 FR 15841, Apr.
3, 1997; CBP Dec. 15-14, 80 FR 61290, Oct. 13, 2015; CBP Dec. 17-13, 82
FR 45406, Sept. 28, 2017]
Sec. 144.37 Withdrawal for exportation.
(a) Form. A withdrawal for either direct or indirect exportation
must be filed by submitting an in-bond application pursuant to part 18
of this chapter or on CBP Form 7501 in 3 copies for merchandise being
exported under cover of a TIR carnet. The in-bond application or CBP
Form 7501 must contain all of the statistical information as provided in
Sec. 141.61(e) of this chapter. The port director may require an extra
copy or copies of CBP Form 7501 for use in connection with the delivery
of merchandise to the carrier.
(b) Procedure for indirect exportation--(1) Forwarding. Merchandise
withdrawn for indirect exportation (transportation and exportation) must
be forwarded to the port of exportation in accordance with the general
provisions for transportation in bond (part 18 of this chapter).
(2) Dividing of shipments. The dividing up for exportation of
shipments arriving under warehouse withdrawals for indirect exportation
will be permitted only when various portions of a shipment are destined
to different destinations, when the export vessel cannot properly
accommodate the entire quantity, or in other similar circumstances. In
the case of merchandise moving under cover of a TIR carnet, if the
merchandise is not to be exported or if the shipment is to be divided,
appropriate entry will be required and the carnet discharged. The
provisions of Sec. Sec. 18.23 and 18.24 of this chapter concerning
change of destination or retention of merchandise on the dock must also
be followed in applicable cases.
(c) Exportation by mail. Merchandise may be withdrawn from warehouse
for exportation by mail in accordance with the provisions of subpart F
of part 145 of this chapter.
(d) Marks on packages. The exportation must be made under the
original marks of importation. Port marks may be added by authority of
the port director under CBP supervision. The original and port marks
must appear in all CBP papers pertaining to the exportation.
(e) Weight, gauge, or measure. Merchandise in bulk and packaged
articles which are customarily bought and sold by weight, gauge, or
measure may be withdrawn for exportation or transportation only at the
actual quantities ascertained at the time of the original entry for
warehouse, except as otherwise provided for by law. In any case, the
port director may require a special report of weight, gauge, or measure
of the merchandise being exported if he deems it necessary.
(f) Merchandise not laden. Merchandise withdrawn for exportation but
not laden must be sent to general order unless other disposition is
prescribed by the port director.
(g) Exportation at a foreign trade zone. Merchandise may be
withdrawn for exportation at a foreign trade zone in the same or at a
different port. The merchandise will be considered exported upon
admission to a zone in zone-restricted status, as provided in Sec.
146.44(c) of this chapter.
(h) Class 9 warehouse withdrawals for exportation--(1) Applicability
of sales ticket procedure. Merchandise in a Class 9 warehouse (duty-free
store) may be withdrawn for any of the purposes set forth in this
subpart. However, only conditionally duty-free merchandise in a Class 9
warehouse intended for exportation or for delivery to persons and
organizations set forth in subpart I, part 148, of this chapter, will be
eligible for withdrawal under the sales ticket procedure specified in
this paragraph.
(2) Sales ticket content and handling. Sales ticket withdrawals must
be made only under a blanket permit to withdrawal (see Sec. 19.6(d) of
this chapter) and the sales ticket will serve as the equivalent of the
supplementary withdrawal. A sales ticket is an invoice of the
proprietor's design which will include:
(i) Serial number and date of preparation of each ticket;
[[Page 83]]
(ii) Warehouse entry number or specific identifier, if approved by
the port director;
(iii) Quantity of goods sold;
(iv) Brief description of the articles including the size of
bottles;
(v) The full name and address of the purchaser. However, the port
director may waive the address requirement for all merchandise except
for alcoholic beverages in quantities in excess of 4 liters and
cigarettes in quantities in excess of 3 cartons. Also, the address
requirement is not applicable with respect to purchasers at airport
duty-free enterprises; and
(vi) A statement on the original copy (purchaser's copy) to the
effect that goods purchased in a duty-free store will be subject to duty
and/or tax with personal exemption if returned to the United States. At
the time of purchase, the original sales ticket must be made out in the
name of the purchaser and given to the purchaser. One copy of the sales
ticket must be retained by the proprietor. This copy may be maintained
electronically. A permit file copy will be attached to the parcel
containing the purchased articles unless the proprietor has established
and maintained an effective method to match the parcel containing the
purchased articles with the purchaser. Additional copies may be retained
by the proprietor.
(3) Sales ticket register. In addition to the records required in
Sec. 19.12(a) of this chapter, Class 9 warehouse proprietors must
maintain a sales ticket register or similar accounting record for each
warehouse entry. The sales ticket register of the proprietor must
include the following information:
(i) Warehouse entry number;
(ii) Specific identifier, if applicable;
(iii) Sales ticket date and number;
(iv) Description;
(v) Quantity; and
(vi) Current balance.
As each warehouse entry is closed out, the warehouse proprietor must
verify the sales ticket register total with the amount withdrawn so as
to account for all merchandise so withdrawn and certify on the register
that all the goods have been exported or sold to qualifying persons and
organizations under part 148 of this chapter. The sales ticket register
must be included in the permit file folder with or in lieu of the
blanket permit summary, as provided in Sec. 19.6(d)(5) of this chapter.
A copy of all sales tickets must be retained by the proprietor for not
less than 5 years after the date of the last sales ticket in the entry.
In lieu of placing a copy of sales tickets in each permit file folder,
the warehouse proprietor may keep all sales tickets in a readily
retrievable manner in a separate file.
[T.D. 73-175, 38 FR 17464, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
144.37, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 144.38 Withdrawal for consumption.
(a) Form. Withdrawals for consumption of merchandise in bonded
warehouses shall be filed on Customs Form 7501, or its electronic
equivalent, in triplicate, and shall contain all of the statistical
information as provided in Sec. 141.61(e) of this chapter.
(b) Withdrawal for exportation to Canada or Mexico. A withdrawal for
exportation to Canada or Mexico or for entry into a duty-deferral
program in Canada or Mexico is considered a withdrawal for consumption
pursuant to Sec. 181.53 of this chapter.
(c) Information to be shown on withdrawal. Each withdrawal shall
show all information for which spaces are provided on the withdrawal
form, and shall also show the separate value of each package and the
total dutiable value of the merchandise being withdrawn. In the case of
merchandise in packages which are uniform in kind, quantity, value, and
duty, the number of each package to be withdrawn need not be shown on
the withdrawal if the lowest and highest numbers in the number series of
such packages are shown. In the case of merchandise subject to quota, or
textiles and textile products subject to levels of restraint, the
description shall reflect any correction thereof reported after the
filing of the warehouse entry. Additionally, on each withdrawal of
cigars, cigarettes, or cigarette papers or tubes subject to internal
revenue tax, the statement for tax purposes required by
[[Page 84]]
Sec. 275.81 of the regulations of the Internal Revenue Service (26 CFR
Sec. 275.81) shall be made on the withdrawal form.
(d) Deposit of estimated duties. Estimated duties on the merchandise
being withdrawn shall be deposited in accordance with subpart G of part
141 of this chapter. The Center director may increase or decrease the
amount of estimated duties to be deposited on the final withdrawal to
bring the aggregate amount of duties deposited into balance with the
amount which he estimates will be finally due upon liquidation.
(e) Permit for release of merchandise. When the duties and other
charges have been paid, and all other requirements of law and
regulations have been met, a permit on Customs Form 7501, or its
electronic equivalent, shall be issued and delivered to the person
making the warehouse withdrawal.
(f) Textiles and textile products. Textiles and textile products
subject to quota, visa or export license requirements in their condition
at the time of importation may not be withdrawn from warehouse for
consumption if during the warehouse period there has been a change by
manipulation or other means:
(1) In the country of origin of the merchandise as defined by Sec.
102.21 or Sec. 102.22 of this chapter, as applicable,
(2) To exempt from quota or visa or export license requirements
other than a change brought about by statute, treaty, executive order or
Presidential proclamation, or
(3) From one textile category to another textile category.
[T.D. 73-175, 38 FR 17464, July 2, 1973]
Editorial Note: For Federal Register citations affecting Sec.
144.38, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 144.39 Permit to transfer and withdraw merchandise.
With the exception of merchandise transferred under the procedures
of Sec. 144.34(c), if all legal and regulatory requirements are met,
the appropriate Customs officer shall approve the application to
transfer or withdraw merchandise from a bonded warehouse by endorsing
the permit copy and returning it to the applicant. The approved permit
shall be presented by the withdrawer to the warehouse proprietor as
evidence of Customs authorization of the transfer or withdrawal. The
approved permit copy shall thereafter be retained in the warehouse entry
file of the proprietor. Goods covered by permit may be retained in the
bonded warehouse at the option of the proprietor.
[T.D. 82-204, 47 FR 49376, Nov. 1, 1982, as amended by T.D. 97-19, 62 FR
15842, Apr. 3, 1997]
Subpart E_Rewarehouse Entries
Sec. 144.41 Entry for rewarehouse.
(a) Applicability. When merchandise which has been withdrawn from
warehouse for transportation to another port has arrived at the port of
destination, it may be entered for rewarehouse by the consignee named in
the withdrawal.
(b) Form of entry. An entry for rewarehouse shall be made in
duplicate on Customs Form 7501, or its electronic equivalent, and shall
contain all of the statistical information as provided in Sec.
141.61(e) of this chapter. The port director may require an extra copy
or copies of Customs Form 7501, or its electronic equivalent, annotated
``PERMIT,'' for use in connection with the delivery of the merchandise
to the warehouse. No declaration is required on the entry.
(c) Combining separate shipments. (1) Separate shipments consigned
to the same consignee and received under separate withdrawals for
transportation may be combined into one rewarehouse entry if the
warehouse withdrawals are from the same original warehouse entry.
(2) Shipments covered by multiple warehouse entries, and shipped
from a single warehouse under separate withdrawals for transportation,
via a single conveyance, may be combined into one rewarehouse entry if
consigned to the same consignee and deposited into a single warehouse.
With the exception of alcohol and tobacco products, this procedure shall
not be allowed for merchandise which is in any way restricted
[[Page 85]]
(for example, quota/visa). The combined rewarehouse entry shall have
attached either copies of each warehouse entry package which is being
combined into the single rewarehouse entry or a summary with pertinent
information, that is, the date of importation, commodity description,
size, HTSUS and entry numbers, for all entries withdrawn for
consolidation as one rewarehouse entry. Any combining of separate
withdrawals into one rewarehouse entry shall result in the rewarehouse
entry being assigned the import date of the oldest entry being combined
into the rewarehouse entry.
(3) Combining of separate shipments shall be prohibited in all other
circumstances.
(d) Bond. A bond on Customs Form 301, containing the bond conditions
set forth in Sec. 113.62 of this chapter shall be filed before a permit
is issued on Customs Form 7501 for sending the merchandise to the bonded
warehouse. However, no bond shall be required if the merchandise is
entered by the consignee named in the original bond filed at the
original port of entry, or if it is entered by a transferee who has
established his right to withdraw the merchandise and has filed a bond
in accordance with subpart C of this part.
(e) Value and classification. The duties determined at the port
where the original warehouse entry was filed shall be the duties
chargeable under the rewarehouse entry, except in the cases provided for
in Sec. Sec. 159.7 (a) and (b) of this chapter, which pertain to
certain classes of merchandise excluded from the liquidation of the
original warehouse entry and merchandise on which rates of duty or tax
are changed by an act of Congress or by a proclamation by the President.
(f) Examination. Any examination necessary for identification of the
merchandise, determination of shortages, or other purposes shall be
made.
(g) Failure to enter. If the rewarehouse entry is not filed within
15 calendar days after its arrival, the merchandise shall be disposed of
in accordance with the applicable procedures in Sec. 4.37 or Sec.
122.50 or Sec. 123.10 of this chapter. However, merchandise sent to a
general order warehouse shall not be sold or otherwise disposed of as
unclaimed until the expiration of the original 5-year period during
which the merchandise may remain in warehouse under bond.
(h) Protest. A protest may be filed with CBP, either at the port of
entry or electronically, against a liquidation made under Sec. 159.7(a)
or (b) of this chapter, or against a refusal to liquidate pursuant to
said sections. In all other cases, any protest shall be filed against
the original warehouse entry.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47
FR 49376, Nov. 1, 1982; T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-
213, 49 FR 41185, Oct. 19, 1984; T.D. 97-19, 62 FR 15842, Apr. 3, 1997;
T.D. 98-74, 64 FR 15303, Mar. 31, 1999; CBP Dec. 15-14, 80 FR 61290,
Oct. 13, 2015; CBP Dec. No. 16-26, 81 FR 93020, Dec. 20, 2016]
Sec. 144.42 Combined entry for rewarehouse and withdrawal for consumption.
(a) Applicability. If the consignee of merchandise withdrawn for
transportation wishes to pay duty and obtain possession of the
merchandise immediately upon arrival at destination, he may make a
combined entry for rewarehouse and withdrawal for consumption.
(b) Procedure for entry. The procedures set forth in Sec. 144.41
are applicable to this type of entry, with the following exceptions:
(1) Form of entry. A combined entry for rewarehouse and withdrawal
for consumption shall be made on Customs Form 7501, or its electronic
equivalent, (Consumption Entry), in 4 copies, and shall contain all of
the statistical information as provided in Sec. 141.61(e) of this
chapter, one copy to be used as the permit. No declaration is required
on the entry;
(2) Extra copy for Internal Revenue. An additional copy of Customs
Form 7501, or its electronic equivalent marked or stamped ``For Internal
Revenue Purposes,'' shall be presented for each entry of cigars,
cigarettes, or cigarette papers or tubes, when the release from Customs
custody of those articles is subject to part 275 of the regulations of
the Internal Revenue Service (26 CFR part 275) and tax is payable to
Customs; and
(3) Deposit of duties. Estimated Customs duties, taxes, and other
charges,
[[Page 86]]
as set forth in subpart G of part 141 of this chapter, shall be
deposited upon presentation of the combined entry. The port director
shall then issue a permit for release on Customs Form 7501, or its
electronic equivalent.
[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 73-312, 38
FR 30884, Nov. 8, 1973; T.D. 87-75, 52 FR 20068, May 29, 1987; CBP Dec.
15-14, 80 FR 61290, Oct. 13, 2015]
PART 145_MAIL IMPORTATIONS--Table of Contents
Sec.
145.0 Scope.
Subpart A_General Provisions
145.1 Definitions.
145.2 Mail subject to Customs examination.
145.3 Opening of letter class mail; reading of correspondence
prohibited.
145.4 Dutiable merchandise without declaration or invoice, prohibited
merchandise, and merchandise imported contrary to law.
145.5 Undeliverable packages.
Subpart B_Requirements and Procedures
145.11 Declarations of value and invoices.
145.12 Entry of merchandise.
145.13 Internal revenue tax on mail entries.
145.14 Marking requirements.
Subpart C_Administrative Review of Mail Entries
145.21 Administrative review.
145.22 Procedures for obtaining administrative review.
145.23 Time limits.
145.24 Amendment of entry.
145.25 Entry correct.
145.26 Rates of duty not binding.
Subpart D_Special Classes of Merchandise
145.31 Importations not over $800 in value.
145.32 Bona-fide gifts.
145.34 Personal and household effects and tools of trade.
145.35 United States products returned.
145.36 Articles for institutions.
145.37 Articles for the U.S. Government.
145.38 Diplomatic pouches.
145.39 Articles for diplomatic officers, representatives or
international organizations, and foreign military personnel.
145.40 Plant material imported for immediate exportation.
145.41 Other conditionally and unconditionally free merchandise.
145.42 Proof for conditionally free merchandise.
145.43 Unaccompanied tourist shipments.
Subpart E_Restricted and Prohibited Merchandise
145.51 Articles prohibited by section 305, Tariff Act of 1930.
145.52 Literature concerning devices for unlawful abortion.
145.53 Firearms and munitions of war.
145.54 Alcoholic beverages.
145.55 Trademarks, trade names, and copyrights.
145.56 Foreign Assets Control.
145.57 Regulations of other agencies.
145.58 Other restricted and prohibited merchandise.
145.59 Seizures.
Subpart F_Exportation by Mail
145.71 Exportation from continuous Government custody.
145.72 Delivery to Customs custody for exportation.
Policy Statement to Part 145--Examination of Sealed Letter Class Mail
Appendix to Part 145
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States, 1624.
Section 145.4 also issued under 18 U.S.C. 545, 19 U.S.C. 1618;
Section 145.11 also issued under 19 U.S.C. 1481, 1485, 1498;
Section 145.12 also issued under 19 U.S.C. 1315, 1484, 1498;
Sections 145.22 through 145.23 also issued under 19 U.S.C. 1501,
1514;
Section 145.31 also issued under 19 U.S.C. 1321;
Section 145.32 also issued under 19 U.S.C. 1321, 1498;
Sections 145.35 through 145.38, 145.41, also issued under 19 U.S.C.
1498;
Section 145.51 also issued under 19 U.S.C. 1305;
Section 145.54 also issued under 19 U.S.C. 1618.
Source: T.D. 73-135, 38 FR 13369, May 21, 1973, unless otherwise
noted.
Sec. 145.0 Scope.
The provisions of this part apply only to mail subject to Customs
examination as set forth in Sec. 145.2. This part contains regulations
pertaining specifically to the importation of merchandise through the
mails but does not contain all the regulations applicable to mail
importations. Importations by mail are subject to the same requirements
and restrictions as importations by any other means, except where more
[[Page 87]]
specific procedures for mail importations are set forth in this part.
The fee applicable to each item of dutiable mail for which Customs
prepares documentation is set forth in Sec. 24.22 of this chapter.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978; T.D. 93-85, 58 FR 54286, Oct. 21, 1993]
Subpart A_General Provisions
Sec. 145.1 Definitions.
(a) Mail article. ``Mail article'' means any posted parcel, packet,
package, envelope, letter, aerogramme, box, card, or similar article or
container, or any contents thereof, which is transmitted in mail subject
to customs examination.
(b) Letter class mail. ``Letter class mail'' means any mail article,
including packages, post cards, and aerogrammes, mailed at the letter
rate or equivalent class or category of postage.
(c) Sealed letter class mail. ``Sealed letter class mail'' means
letter class mail sealed against postal inspection by the sender.
[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]
Sec. 145.2 Mail subject to Customs examination.
(a) Restrictions. Customs examination of mail as provided in
paragraph (b) of this section is subject to the restrictions and
safeguards relating to the opening of letter class mail set forth in
Sec. 145.3.
(b) Generally. All mail arriving from outside the Customs territory
of the United States which is to be delivered within the Customs
territory of the United States and all mail arriving from outside the
U.S. Virgin Islands which is to be delivered within the U.S. Virgin
Islands, is subject to Customs examination, except:
(1) Mail known or believed to contain only official documents
addressed to officials of the U.S. Government;
(2) Mail addressed to Ambassadors and Ministers (Chiefs of
Diplomatic Missions) of foreign countries; and
(3) Letter class mail known or believed to contain only
correspondence or documents addressed to diplomatic missions, consular
posts, or the officers thereof, or to international organizations
designated by the President as public international organizations
pursuant to the International Organizations Act (see Sec. 148.87(b) of
this chapter). Mail, other than letter class mail, addressed to the
designated international organizations is subject to Customs examination
except where the organization certifies under its official seal that the
mail contains no dutiable or prohibited articles. Any Customs
examination made shall, upon request of the addressee international
organization, take place in the presence of an appropriate
representative of that organization.
[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]
Sec. 145.3 Opening of letter class mail;
reading of correspondence prohibited.
(a) Matter in addition to correspondence. Except as provided in
paragraph (e), Customs officers and employees may open and examine
sealed letter class mail subject to Customs examination which appears to
contain matter in addition to, or other than, correspondence, provided
they have reasonable cause to suspect the presence of merchandise or
contraband.
(b) Only correspondence. No Customs officer or employee shall open
sealed letter class mail which appears to contain only correspondence
unless prior to the opening:
(1) A search warrant authorizing that action has been obtained from
an appropriate judge of United States magistrate, or
(2) The sender or the addressee has given written authorization for
the opening.
(c) Reading of correspondence. No Customs officer or employee shall
read, or authorize or allow any other person to read, any correspondence
contained in any letter class mail, whether or not sealed, unless prior
to the reading:
(1) A search warrant authorizing that action has been obtained from
an appropriate judge or United States magistrate, or
(2) The sender or the addressee has given written authorization for
the reading.
[[Page 88]]
(d) Other types of correspondence. The provisions of paragraph (c)
shall also apply to correspondence between school children and
correspondence of the blind which are authorized to be mailed at other
than the letter rate of postage in international mail.
(e) Certain Virgin Islands mail. First class mail originating in the
Customs territory of the United States and arriving in the U.S. Virgin
Islands, which is to be delivered within the U.S. Virgin Islands, shall
not be opened unless:
(1) A search warrant authorizing that action has been obtained from
an appropriate judge or United States magistrate, or
(2) The sender or the addressee has been given written authorization
for the opening.
[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]
Sec. 145.4 Dutiable merchandise without declaration or invoice,
prohibited merchandise, and merchandise imported contrary to law.
(a) Subject to seizure and forfeiture. When, upon CBP examination, a
mail article is found to contain merchandise subject to duty or tax, and
the mail article is not accompanied by an appropriate customs
declaration and invoice or statement of value required by Sec. 145.11,
or is found to contain material prohibited importation or imported
contrary to law, the merchandise is subject to seizure and forfeiture.
(b) Mitigation of forfeiture. Any claimant incurring a forfeiture of
merchandise for violation of this section may file a petition for relief
pursuant to part 171 of this chapter. Mitigation of that forfeiture may
occur consistent with mitigation guidelines.
(c) Collection of mitigated forfeiture. When the shipment does not
exceed $2,500 in value, CBP Form 3419 or 3419A or CBP Form 368 or 368A
(serially numbered) or CBP Form 7501, or its electronic equivalent, must
be used for the entry of the merchandise, and the duty, any tax, and the
amount of the mitigated forfeiture must be entered as separate items
thereon. If a mail article for which a mail fine entry has been issued
in accordance with this paragraph is undeliverable, it will be returned
to the director of the port where the entry was issued, for disposition
in accordance with Sec. 145.59 relating to articles subject to seizure.
(d) Petition for relief. The addressee or sender may file a petition
with the Fines, Penalties, and Forfeitures Officer having jurisdiction
over the port where the mail fine entry was issued in accordance with
part 171 of this chapter for relief from the forfeiture incurred and for
release of the seized merchandise, or for additional relief from a
mitigated forfeiture.
[T.D. 73-135, 38 FR 13369, May 21, 1973]
Editorial Note: For Federal Register citations affecting Sec.
145.4, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 145.5 Undeliverable packages.
Mail articles which are refused or undeliverable, except mail
articles for which a mail fine entry has been issued in accordance with
Sec. 145.4(c), will be marked by the postmaster to show why delivery
was not made, and will be forwarded to the proper exchange post office
for return to the country of origin. Mail entries will be removed from
the mail articles and returned to Customs for cancellation. If, for any
reason, an undeliverable mail article known or supposed to be dutiable
is not returned to the country of origin or forwarded to another country
in accordance with the Postal regulations, it will be delivered to
Customs for disposition under the Customs laws and regulations governing
seized or unclaimed merchandise.
Subpart B_Requirements and Procedures
Sec. 145.11 Declarations of value and invoices.
(a) Customs declaration. A clear and complete Customs declaration on
the form provided by the foreign post office, giving a full and accurate
description of the contents and value of the merchandise, shall be
securely attached to at least one mail article of each shipment,
including shipments of special classes of merchandise treated in subpart
D of this part. Although a Customs declaration is required to be
attached to only one mail article of
[[Page 89]]
each shipment, examination and release of the merchandise will be
expedited if such a declaration is attached to each individual mail
article.
(b) Invoice or statement of commercial value. Each shipment of
merchandise shall have an invoice or bill of sale (or, in the case of
merchandise not purchased or consigned for sale, a statement of the fair
retail value in the country of shipment), giving an accurate description
and the purchase price of the merchandise, securely attached to the
outside of the mail article or enclosed therein. If the shipment
consists of more than one mail article, a copy of the invoice should
accompany each mail article, or else the invoice shall accompany the
mail article bearing the declaration, and that mail article shall be
marked ``Invoice enclosed.''
(c) [Reserved]
(d) Shipments without declaration and invoice. Shipment of
merchandise which are not accompanied by a Customs declaration and
invoice in accordance with paragraphs (a) through (b) of this section
may be subject to seizure and forfeiture in accordance with Sec. 145.4.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 76-103, 41
FR 14731, Apr. 7, 1976; T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 85-
39, 50 FR 9612, Mar. 11, 1985]
Sec. 145.12 Entry of merchandise.
(a) Formal entries--(1) Discretionary. CBP may require formal entry
of any mail shipment regardless of value if it is necessary to protect
the revenue.
(2) Required. Formal entry at the customhouse will be required for
every importation in the mails which exceeds $2,500 in value, except for
special classes of merchandise which can be released without entry (see
subpart D of this part), and except as provided in subparts B and C of
part 143 and Sec. 10.1 of this chapter.
(3) Separate shipments. Separate shipments not exceeding $2,500 in
value, if mailed abroad at different times (as shown by the declaration
or other mailing indicia), cannot be combined for the purpose of
requiring formal entry, even though they reach CBP at the same time and
are covered by a single order or contract in excess of $2,500, unless
there was a splitting of shipments in order to avoid the payment of
customs duty.
(4) Notice of formal entry requirement. When a formal entry is
required, the addressee will be notified of the arrival of the shipment
and of the place at which entry is to be made. If the shipment is
addressed to a point which is not a CBP port or customs station, the
port of entry specified in the notice will be the port nearest the
destination of the shipment. When a formal entry is filed, it must
contain all the statistical information as provided in Sec. 141.61(e)
of this chapter.
(b) Mail and informal entries--(1) Preparation of entry form. Except
as provided in paragraphs (c) and (e) of this section, CBP officers will
prepare and attach a mail entry (CBP Form 3419 or 3419A) for each
shipment not exceeding $2,500 in value which is to be delivered by the
Postal Service, and return the shipment to the Postal Service for
delivery and collection of duty. If the addressee has arranged to pick
up such a shipment at the CBP office where it is being processed, the
CBP officer will prepare an informal entry (CBP Form 368 or 368A
(serially numbered), or an entry summary, CBP Form 7501, or its
electronic equivalent and collect the duty in accordance with subpart C
of part 143 of this chapter.
(2) Rates of duty. Merchandise released under a mail or informal
entry will be dutiable at the rates of duty in effect when the
preparation of the entry is completed by a CBP employee, ready for
transmittal with the merchandise to the addressee.
(c) Dutiable shipments not over $2,500 for Government agencies. When
a dutiable shipment not exceeding $2,500 in value is addressed to a U.S.
Government department or agency, the port director may release the
merchandise prior to the payment of duties under an entry on CBP Form
368 or 368A (serially numbered) or CBP Form 7501, or its electronic
equivalent upon the receipt of a stipulation in the form set forth in
Sec. 141.102(d) of this chapter. If the stipulation does not accompany
the shipment, the port director will notify the Government department or
agency of the arrival of the shipment and request the stipulation. Upon
receipt of
[[Page 90]]
the completed stipulation and preparation of the entry form, the port
director will stamp all mail articles in the shipment to show that they
have received customs treatment and will return the shipment to the
Postal Service for delivery, unless the addressee has arranged to pick
up the shipment at the CBP office where it is being processed. The
proper Government department or agency will be billed later for any
duties and taxes due.
(d) Release without entry. Certain types of merchandise may be
passed free of duty without issuing an entry (see subpart D of this
part).
(e) Unaccompanied shipments--(1) Mail entry to be attached. If the
requirements of Sec. 148.115(a) of this chapter are met, CBP officers
will prepare and attach a mail entry, CBP Form 3419 or 3419A, for each
shipment for which entry is claimed under subheading 9816.00.40,
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), which
is to be delivered by the Postal Service, and return the shipment to the
Postal Service for delivery and collection of duty. If the addressee has
arranged to pick up the shipment at the CBP office where it is being
processed, the CBP officer will prepare an informal entry, CBP Form 368
or 368A (serially numbered), or entry summary, CBP Form 7501, or its
electronic equivalent and collect the duty in accordance with subpart C
of part 143 of this chapter if the requirements of Sec. 148.115(a) of
this chapter are met.
(2) Disposition of CBP Form 255. The Declaration of Unaccompanied
Articles, CBP Form 255, affixed to the shipment must be removed by the
CBP officer and retained for customs purposes. If a mail entry, CBP Form
3419 or 3419A, has been prepared, the mail entry number will be noted on
the CBP Form 255.
[T.D. 73-135, 38 FR 13369, May 21, 1973]
Editorial Note: For Federal Register citations affecting Sec.
145.12, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 145.13 Internal revenue tax on mail entries.
(a) Method of collection. Any internal revenue tax assessed on a
mail entry shall be shown as a separate item on the entry, and collected
in the same manner as Customs duties.
(b) Release without payment of tax. A mail entry may not be used to
release a shipment of cigars, cigarettes, or cigarette papers or tubes
for a manufacturer without payment of tax as provided for in 27 CFR part
275 and Sec. 11.2a of this chapter. If a claim for release without
payment of tax is made by the addressee at the time of delivery, the
shipment will be returned by the Postal Service to the port of entry or
sent to the nearest Customs office at which appropriate release as
claimed may be arranged by the addressee.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-329, 43
FR 43455, Sept. 26, 1978]
Sec. 145.14 Marking requirements.
(a) Country of origin. Merchandise imported by mail shall be marked
with the country of origin in accordance with part 134 of this chapter.
If merchandise without the required marking is to be delivered from the
post office where it has been given Customs examination, the Customs
officer shall require compliance with the marking law and regulations.
If it is to be delivered from another post office, the Customs officer
shall place in the envelope containing the mail entry a copy of Customs
Form 3475, containing instructions to the postmaster concerning the
marking to be required before delivery.
(b) Other marking requirements. Certain types of merchandise are
subject to special marking requirements, such as those contained in the
Textile Fiber Products Identification Act, the Wool Products Labeling
Act, and the Trademark Act. Since there is no provision for post office
supervision of these types of marking, the CBP shall require compliance
with the law and regulations (see parts 11 and 133 of this chapter).
(c) Failure to mark. If the addressee fails to comply with the
marking requirements, the mail article will be treated as undeliverable
in accordance with Sec. 145.5.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978; CBP Dec. No. 16-26, 81 FR 93020, Dec. 20, 2016]
[[Page 91]]
Subpart C_Administrative Review of Mail Entries
Sec. 145.21 Administrative review.
Requests for adjustment of the amount of duty assessed under mail
entries shall be handled as requests for administrative review in
accordance with this subpart.
Sec. 145.22 Procedures for obtaining administrative review.
If an addressee is dissatisfied with the amount of duty assessed
under a mail entry made before December 18, 2004, he may obtain
administrative review in the following ways:
(a) He may pay the assessed duty, take delivery of the merchandise,
and send a copy of the mail entry to the issuing CBP office indicated on
the mail entry, together with a statement of the reason it is believed
the duty assessed is incorrect. Any invoices, bills of sale, or other
evidence should be submitted with the statement. The addressee may show
the mail entry number and date on his statement instead of sending a
copy of the mail entry, but this may result in delay.
(b) He may postpone acceptance of the shipment, and within the time
allowed by the Postal regulations provide the postmaster with a written
statement of his objections. The postmaster will forward the mail entry
together with the addressee's statement and any invoices, bills of sale,
or other evidence submitted by the addressee to the port director who
issued the entry, and retain custody of the shipment until advice is
received from the port director as to the disposition to be made. If the
addressee is located near one of the ports at which CBP officers are
authorized to review mail entries (see 39 CFR 10.5), the postmaster may
send the mail entry to that port, together with the addressee's
statement and evidence, for reconsideration by the port director.
(c) He may pay the assessed duty and take delivery of the
merchandise, and file a protest under section 514, Tariff Act of 1930,
as amended (19 U.S.C. 1514), in the form and manner prescribed in part
174 of this chapter. For mail entries made before December 18, 2004, a
protest must be filed no later than 90 days after payment of the duties
by the addressee. All other mail entries must be protested within 180
days after payment of the duties by the addressee.
[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 78-99, 43 FR
13061, Mar. 29, 1978; CBP Dec. 11-02, 76 FR 2575, Jan. 14, 2011]
Sec. 145.23 Time limits.
A mail entry made before December 18, 2004 may be amended under
section 520(c), Tariff Act of 1930, as amended (19 U.S.C. 1520(c)), only
if the addressee requests such amendment within the time limits
prescribed therein (see Sec. Sec. 173.4 and 173.5 of this chapter), and
the claim is allowable under section 520(c). Requests for adjustment in
the amount of duty assessed under mail entries made under Sec.
145.22(a) must be made in such time that the request can be acted upon
by the port director within 90 days after receipt of the mail article
and payment of the duties by the addressee. For a mail entry made before
December 18, 2004, protests under Sec. 145.22(c) of this chapter must
be filed no later than 90 days after payment of the duties by the
addressee, but may be acted upon by CBP after expiration of that 90-day
period. For a mail entry made on or after December 18, 2004, protests
under Sec. 145.22(c) of this chapter must be filed no later than 180
days after payment of the duties by the addressee, but may be acted upon
by CBP after expiration of that 180-day period.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978; CBP Dec. 11-02, 76 FR 2576, Jan. 14, 2011]
Sec. 145.24 Amendment of entry.
If the port director is satisfied that the objection is valid and
timely, he shall amend the mail entry. If the duty has already been
paid, Customs shall issue an appropriate refund of duty.
Sec. 145.25 Entry correct.
If the port director believes the duty originally assessed was
correct, he shall send the addressee a notice in writing that the
request for refund of duty has been denied. If the duty has not been
paid, the mail entry shall be returned to the postmaster concerned,
together with a copy of the notice sent
[[Page 92]]
to the addressee. The postmaster will then collect the duty and deliver
the shipment, or, if the addressee refuses to pay the duty, will treat
the shipment as undeliverable.
Sec. 145.26 Rates of duty not binding.
Rates of duty assessed on a mail entry, whether assessed on the
original entry or as amendments under Sec. 145.24, are not binding for
future importations. A binding ruling on tariff classification may be
obtained in accordance with the procedures set forth in part 177 of this
chapter.
[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended at 38 FR 17469, July
2, 1973; T.D. 78-99, 43 FR 13061, Mar. 29, 1978]
Subpart D_Special Classes of Merchandise
Sec. 145.31 Importations not over $800 in value.
The port director will pass free of duty and tax, without preparing
an entry as provided for in Sec. 145.12, packages containing
merchandise having an aggregate fair retail value in the country of
shipment of not over $800, subject to the requirements set forth in
Sec. Sec. 10.151 and 10.153 of this chapter.
[T.D. 94-51, 59 FR 30296, June 13, 1994, as amended by CBP Dec. 12-19,
77 FR 72721, Dec. 6, 2012; CBP Dec. No. 16-13, 81 FR 58834, Aug. 26,
2016]
Sec. 145.32 Bona-fide gifts.
The port director shall pass free of duty and tax, without preparing
an entry as provided for in Sec. 145.12, articles sent as bona-fide
gifts from persons in foreign countries to persons in the United States
having an aggregate fair retail value in the country of shipment not
exceeding $100 ($200, in the case of articles sent from persons in the
Virgin Islands, Guam, and American Samoa), subject to the requirements
set forth in Sec. Sec. 10.152 and 10.153 of this chapter.
[T.D. 94-51, 59 FR 30296, June 13, 1994]
Sec. 145.34 Personal and household effects and tools of trade.
(a) U.S. military and civilian personnel returning from extended
duty abroad. Section 148.74 of this chapter sets forth specific
requirements for exemptions from duty under subheading 9805.00.50,
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for
personal and household effects of military and civilian personnel of the
United States returning upon the completion of extended duty abroad. A
copy of the official travel orders shall be attached to or enclosed in
each mail article and the outside of each mail article shall be clearly
marked to show that exemption from duty is being claimed.
(b) Other personal and household effects, and tools of trade.
Certain personal and household effects and tools of trade may be passed
free of duty without issuing an entry, in accordance with Sec. 148.53
of this chapter.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]
Sec. 145.35 United States products returned.
Products of the United States returned after having been exported,
which have not been advanced in value or improved in condition while
abroad, may be passed free of duty without issuing an entry and without
the declarations provided for in Sec. 10.1(a) of this chapter, provided
the shipment is valued at not over $2,500 and the port director is
satisfied that the merchandise is free of duty under subheading
9801.00.10, Harmonized Tariff Schedule of the United States (19 U.S.C.
1202).
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50
FR 29955, July 23, 1985; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 89-
82, 54 FR 36026, Aug. 31, 1989; T.D. 94-47, 59 FR 25570, May 17, 1994;
T.D. 98-28, 63 FR 16417, Apr. 3, 1998; CBP Dec. 12-19, 77 FR 72721, Dec.
6, 2012]
Sec. 145.36 Articles for institutions.
Books and other articles classifiable under subheading 4903.00.00,
4904.00.00, 4905.91.00, 4905.99.00, 9701.10.00, 9701.90.00, 9810.00.05,
Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C.
1202), imported by and addressed directly to a library or other
institution described in subheading 9810.00.05 or 9101.30, HTSUS may be
passed free of duty without issuing an entry, if the port director is
satisfied that the merchandise is entitled to free entry. A
[[Page 93]]
declaration may be required in accordance with Sec. 10.43 of this
chapter under the procedure specified in Sec. 145.42.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50
FR 29955, July 23, 1985; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]
Sec. 145.37 Articles for the U.S. Government.
(a) Mail articles for copyright. Mail articles marked for copyright
which are addressed to the Library of Congress, to the U.S. Copyright
Office, or to the office of the Register of Copyrights, Washington, DC,
shall be passed free of duty without issuing an entry.
(b) Books, engravings, and other articles. Books, classifiable under
subheading 4903.00.00, Harmonized Tariff Schedule of the United States
(HTSUS) (19 U.S.C. 1202), and engravings, etchings, and other articles
enumerated in subheading 9808.00.10, HTSUS, shall be passed free of duty
without issuing an entry when they are addressed to the Library of
Congress or any department or agency of the U.S. Government.
(c) Official Government documents. Other mail articles addressed to
offices or officials of the U.S. Government, believed to contain only
official documents, shall be passed free of duty without issuing an
entry. Such mail articles, when believed to contain merchandise, shall
be treated in the same manner as other mail articles of merchandise so
addressed.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 91-
77, 56 FR 46115, Sept. 10, 1991]
Sec. 145.38 Diplomatic pouches.
Mail articles bearing the official seal of a foreign government with
which the United States has diplomatic relations, accompanied by
certificates bearing such seal to the effect that they contain only
official communications or documents, shall be admitted free of duty
without Customs examination.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14454, Apr. 6, 1978]
Sec. 145.39 Articles for diplomatic officers, representatives
of international organizations, and foreign military personnel.
Free entry of articles in mail articles addressed to diplomatic
officers, representatives of certain international organizations, and
similar persons is governed by subpart I of part 148 of this chapter.
[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 73-227, 38
FR 22548, Aug. 22, 1973; T.D. 78-102, 43 FR 14454, Apr. 6, 1978]
Sec. 145.40 Plant material imported for immediate exportation.
Plant material may be imported by mail free of duty for immediate
exportation by mail subject to the following regulations, which have
been approved by the Department of Agriculture and the Postal Service.
This procedure shall not affect the movement of plant material in the
internal mails through the United States:
(a) Permit for entry. Each shipment shall be dispatched in the mails
from abroad, accompanied by a yellow and green special mail tag bearing
the serial number of the permit for entry for immediate exportation or
immediate transportation and exportation, issued by the U.S. Department
of Agriculture, and also by the postal form of Customs declaration.
(b) Place of inspection. Upon arrival, the shipment shall be
detained by or redispatched to the postmaster at Washington, DC,
Brownsville, Tex., Hoboken, NJ, Honolulu, Hawaii, Laredo, Tex., Miami,
Fla., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or
Seattle, Wash., as may be appropriate, according to the address on the
green and yellow tag, and there submitted to the Customs officer and the
Federal quarantine inspector. The merchandise shall be accorded special
handling only at these cities, and under no circumstances shall it be
permitted to enter the commerce of the United States.
(c) Special handling. After inspection by the Customs and quarantine
officers, and with their approval, the addressee or his authorized agent
shall repack and readdress the mail package under Customs supervision;
endorse and sign on the package a waiver of the
[[Page 94]]
addressee's right to withdraw the mail article from the mails; affix to
the mail article the necessary postage; and comply with any other
mailing and export requirements, after which the package shall be
delivered under Customs supervision to the postmaster for exportation by
mail in accordance with Sec. 145.71.
(d) Entry not required. It will not be necessary to issue a Customs
mail entry nor to require a formal entry of the shipment.
[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43
FR 14455, Apr. 6, 1978]
Sec. 145.41 Other conditionally and unconditionally free merchandise.
Shipments of conditionally or unconditionally free merchandise not
specifically treated elsewhere in this part may be passed free of duty
and tax without issuing an entry, if the value is not over $2,500 and
the port director is satisfied that the merchandise is entitled to free
entry.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50
FR 29955, July 23, 1985; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D.
98-28, 63 FR 16417, Apr. 3, 1998; CBP Dec. 12-19, 77 FR 72721, Dec. 6,
2012]
Sec. 145.42 Proof for conditionally free merchandise.
The port director may, at his discretion, require appropriate proof
of duty-free status before releasing conditionally free merchandise.
This proof may be obtained by either of the following methods:
(a) Retain shipment and request proof. The shipment may be retained
by the port director while the necessary proof is requested from the
addressee. If the requested proof is not received within 30 days, a mail
entry shall be issued at the ordinary rate of duty which would apply if
the merchandise were not conditionally free, and the mail entry shall be
forwarded with the shipment for collection of duties.
(b) Send shipment with form and entry. If the only proof required
for free entry is a declaration signed by the addressee, the port
director may issue a mail entry at the ordinary duty which would apply
if the merchandise were not conditionally free. The shipment shall then
be forwarded together with the mail entry, a copy of the appropriate
declaration form, and instructions to the postmaster to deliver the
shipment free of duty if the importer executes the declaration, and to
collect the full duty shown on the mail entry if the importer does not
execute the declaration.
Sec. 145.43 Unaccompanied tourist shipments
Unaccompanied tourist shipments for which entry is claimed under
subheading 9804.00.70, Harmonized Tariff Schedule of the United States
(19 U.S.C. 1202), may be passed free of duty and tax if the requirements
of Sec. 148.115(a) of this chapter are met. The Declaration of
Unaccompanied Articles, Customs Form 255, shall be removed by the
Customs officer from the shipment and retained for Customs purposes.
[T.D. 78-394, 43 FR 49788, Oct. 25, 1978, as amended by T.D. 89-1, 53 FR
51263, Dec. 21, 1988]
Subpart E_Restricted and Prohibited Merchandise
Sec. 145.51 Articles prohibited by section 305, Tariff Act of 1930.
(a) Types of articles. Various articles, as described in section
305, Tariff Act of 1930, as amended (19 U.S.C. 1305), and in part 12 of
this chapter, are prohibited from importation. This prohibition includes
the following types of articles:
(1) Obscene matter;
(2) Articles for causing unlawful abortion (see Sec. 145.52 for the
treatment of literature pertaining to such articles);
(3) Matter advocating treason or insurrection against the United
States or forcible resistance to any law of the United States;
(4) Matter containing any threat to take the life of or inflict
bodily harm upon any person in the United States; and
(5) Lottery matter, except any lottery ticket, printed paper that
may be used as a lottery ticket, or advertisement of any lottery, that
is printed in Canada for use in connection with a lottery conducted in
the United States.
[[Page 95]]
(b) Disposition of articles. Mail found to contain lottery matter
shall be disposed of by the Postal Service under the postal laws and
regulations. Mail found to contain any of the other prohibited articles
described in paragraphs (a)(1) through (a)(4) of this section shall be
given appropriate treatment by Customs under the Customs laws and
regulations (see Sec. 12.40 of this chapter).
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 92-80, 57 FR
37702, Aug. 20, 1992]
Sec. 145.52 Literature concerning devices for unlawful abortion.
Mail articles containing literature or advertisements concerning
devices to produce unlawful abortions, are prohibited from the mails by
18 U.S.C. 1461, and shall be retained by, or delivered to, the Postal
Service for disposition under the postal laws and regulations. If the
Postal Service determines in any case that it is proper to release the
material to the addressee, it shall be submitted for Customs treatment
before delivery.
[T.D. 78-99, 43 FR 13061, Mar. 29, 1978, as amended by T.D. 78-102, 43
FR 14455, Apr. 6, 1978]