April 2019 — Question 7
Which of the following is a TRUE statement regarding record-keeping responsibilities?
- AOwners, importers, and brokers are responsible for keeping records for 5 years.✓ CBP's answer
- BImporters of record and entry filers must keep records for 6 years according to the statute of limitations.
- CTravelers who clear Customs at a port of entry with a written declaration of baggage must retain that record for 5 years.
- DA consignee who is not the owner of the merchandise entered on an informal entry by a broker must retain that record for 5 years.
- EA consignee who is not the owner of the merchandise entered on an informal entry by a broker must retain that record for 2 years. Category II – Marking✓ CBP's answer
Why this answer
CBP credited two statements because both track part 163. Under 19 CFR 163.4(a), required records must generally be kept for five years from the date of entry, which supports A's statement that owners, importers, and brokers keep records for five years. But 163.4(b)(3) carves out an exception: a consignee who is not the owner or purchaser and who appoints a broker keeps records of merchandise covered by an informal entry for only two years, which supports E and simultaneously defeats D. B fails because it invents a six-year statute-of-limitations retention period, and C imposes a duty on casual travelers that part 163 does not. Watch for: Assuming the five-year rule reaches every party, missing the two-year informal-entry consignee exception.
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
Answer and citations as published in CBP's official answer key for the April 2019 examination.
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