Automated Commercial Environment (ACE)
April 2022 — Question 2
If CBP receives a closure request with proof that an entry filed under entry summary type 23 was exported within the legal timeframe, and Center personnel determine the merchandise met the associated requirements of that entry type, what actions will be taken by CBP?
- ACenter personnel will contact the importer or their agent to arrange a location for the exam.
- BLiquidated damages will be assessed after 2 years.
- CNo liquidated damages will be assessed, and the entry will be closed with compliance.✓ CBP's answer
- DThe entry will be closed once they receive proof the merchandise was destroyed outside of the United States.
- EMerchandise filed under entry type 23 will not require CBP Form 3495 as the importer has proven their reliability.
Why this answer
The cited TIB chapter of the ACE business rules governs processing and closure of type 23 temporary importation entries. When a closure request arrives with proof that the merchandise was exported within the legal timeframe and Center personnel confirm the entry met the requirements for TIB treatment, the rules direct that the entry be closed with compliance and that no liquidated damages be assessed, since timely exportation is exactly what the TIB bond promises. Option D fails because destruction is an alternative method of satisfying a TIB, not an added condition once exportation is proven, and options A, B, and E attach consequences the rules nowhere impose on a compliant closure. Watch for: Adding extra conditions, like proof of destruction, after timely exportation is already established.
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 2022 examination.
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