October 2022 — Question 9
Pursuant to the Temporary Importation under Bond (TIB) regulations and CBP Automated Commercial Environment (ACE) guidance and under the facts provided in this Practical Exercise, what supporting documents, if any, is ABC Customs Brokers, LLC (ABC) required upload into Document Imaging System (DIS) or the ACE Portal concurrent with filing the TIB entry summary electronic data?
- ACBP Form 3461, CBP Form 7533, or copies of the electronic equivalent filed to secure Customs release of the merchandise with data usually shown but including the declaration that the bond securing the entry is a single transaction bond; a CBP Form 301 or equivalent single transaction bond type 08; and an invoice that complies with 19 CFR 141.81.
- BCBP Form 7501 entry summary with data usually shown on an entry summary form, the executed CBP Form 301 or equivalent single entry bond type 08, which is needed to secure a TIB entry as TIBs require single entry bonds, the bill of lading copy, the ocean manifest, and an invoice that complies with 19 CFR 141.81.
- CCBP Form 7501 entry summary with data usually shown with the Chapter 98 HTSUS, a statement of use, a declaration that the claimed use is the only use, and a declaration that the merchandise is not imported for sale or sale on approval; an invoice that complies with 19 CFR 141.81; and a statement of the bond amount secured or a copy of the Type 08 bond CBP Form 301 or equivalent.✓ CBP's answer
- DCBP Forms 3461 and 7501 with data usually shown, a CBP Form 301 or equivalent single transaction bond type 08, the bill of lading copy, the ocean manifest, and an invoice that complies with 19 CFR 141.81 that also shows both the underlying HTSUS from Chapters 1 to 97 and the Chapter 98 HTSUS, the value of the merchandise, and the merchandise description.
- ENo additional supporting documentation is required to be uploaded into DIS or the ACE Portal concurrent with filing the TIB entry summary electronic data, because when the capability for electronic filing of TIBs in October 2015, was implemented all declarations were automatically programmed into the system.
Why this answer
Under the cited TIB provisions, temporary importation under heading 9813 is conditioned on the goods not being imported for sale or sale on approval and on a claimed temporary use followed by exportation. The filer therefore supports the electronic summary with the Chapter 98 claim, statements of the intended use and that it is the only use, the declaration that the goods are not imported for sale, an invoice meeting the cited invoice regulation, and the bond amount or a copy of the type 08 single transaction bond, uploaded through DIS per the ACE rules, which is the package option C describes. Options B and D fail by adding bills of lading and ocean manifests the rules do not require, and E wrongly claims nothing need be submitted. Watch for: Padding the required package with bills of lading and manifests that the rules never demand.
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 October 2022 examination.
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