Print PDF

Practice Areas

CBP Reviewing Info Collections on Import Bonds, Declaration of Owner/Consignee, Haiti HOPE Act

Tuesday, March 04, 2014
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.

- CBP Forms 301 and 5297, Importation Bond Structure: Bonds are used to assure 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 who is required by law or regulation to post a bond in order to secure a customs transaction must submit the bond on CBP Form 301.

Surety bonds are usually executed by an agent of the surety, which grants authority to the agent via CBP 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. (comments due by April 2)

- CBP Form 3347, Declaration of Owner, and CBP Form 3347A, Declaration of Consignee When Entry is Made by an Agent: CBP Form 3347 is a declaration from the owner of imported merchandise stating that he/she agrees to pay additional or increased duties, thus releasing the importer of record from paying such duties. This form must be filed within 90 days from the date of entry.

When entry is made in a consignee's name by an agent who has knowledge of the facts and is authorized under a proper power of attorney by that consignee, a declaration from the consignee on CBP Form 3347A must be filed with the entry summary. If this declaration is filed, no bond to produce a declaration of the consignee is required. (comments due by May 2)

- Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 – The Haiti HOPE Act provides for duty-free treatment for certain apparel articles and certain wire harness automotive components from Haiti. Those wishing to claim such treatment must prepare a declaration of compliance that identifies and details the costs of the beneficiary and non-beneficiary components of production to show that the 50% value content requirement was satisfied. (comments due by April 2)

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

Customs & International Headlines