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Power of Attorney

April 2018 — Question 80

Which is the best form to use to execute a Corporate Surety Power of Attorney?

Why this answer

Under 19 CFR 113.37(g)(1) as tested, a corporate surety power of attorney is executed on CBP Form 5297, which the surety company files to designate the agents authorized to sign customs bonds on its behalf. The distractor forms all live nearby in customs practice, which is the danger: Form 5291 is the customs power of attorney an importer gives a broker, the classic confusion; Form 4455 is the certificate of registration for articles taken abroad; Form 4811 designates a party to receive bills and refunds; and Form 7501 is the entry summary. Distinguishing the broker power of attorney from the surety power of attorney decides the question. Watch for: Confusing Form 5291, the importer-to-broker power of attorney, with Form 5297 for corporate sureties.

Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.

CBP's cited authority

§ 19 CFR 113.37(g)(1) Reference Materials:  Harmonized Tariff Schedule of the United States (2017 Basic Edition§ No Supplements)  Title 19§ Code of Federal Regulations (2016 Revised as of April 1§ 2016 or 2017§ Parts 1 to 199)  Instructions for Preparation of CBP Form 7501 (July 24§ 2012)  Right to Make Entry Directive 3530-002A

Answer and citations as published in CBP's official answer key for the April 2018 examination.

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