News
Print PDF

Practice Areas

Customs Webinar

Customs Enforcement Under Trump: Exercising Reasonable Care, Performing Post-Entry Reviews, and Filing Prior Disclosures

Detention, Export, Importation Bond Information Collections Under Review

Thursday, May 04, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is accepting comments on the proposed extension without change of the following information collections.

Notice of Detention. CBP may detain goods when it has reasonable suspicion that the goods may be inadmissible but requires more information to make a positive determination. If CBP decides to detain goods, a notice of detention is sent to the importer or the importer’s broker/agent no later than five business days from the date of examination stating that the goods have been detained, the reason for the detention, and the anticipated length of the detention. The recipient of this notice may respond by providing information to CBP to facilitate the determination for admissibility or may ask for an extension of time to bring the goods into compliance. (comments due by July 3)

Export Under Special Bond. CBP Form 3495, Application for Exportation of Articles Under Special Bond, is an application for exportation of articles entered under temporary bond pursuant to 19 USC 1202, HTSUS Chapter 98, subchapter XIII, and 19 CFR 10.38. This form is used by importers to notify CBP that the they intend to export goods that were subject to a duty exemption based on a temporary stay in the U.S. It also serves as a permit to export to satisfy the importer's obligation to export the same goods and thereby get a duty exemption. (comments due by July 3)

Importation Bond Structure. Bonds are used to ensure that duties, taxes, charges, penalties, and reimbursable expenses owed to the government are paid; to facilitate the movement of cargo and conveyances through CBP processing; and to provide legal recourse for the government for noncompliance with laws and regulations. Each person required by law or regulation to post a bond to secure a customs transaction must submit the bond on Form 301.

Surety bonds are usually executed by an agent of the surety. The surety company grants authority to the agent via Form 5297, Corporate Surety Power of Attorney. This power is vested with CBP so that when a bond is filed, the validity of the authority of the agent executing the bond and the name of the surety can be verified to the surety's grant.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines