October 2022 — Question 55

What are the consequences if the broker, acting as importer for a shipment, takes no action within 30 days on a Notice to Mark / Notice to Redeliver (CBP Form 4647) it received indicating that merchandise contained in the shipment was not properly marked with country of origin? The merchandise was cleared and delivered to the ultimate consignee before the timely CBP Form 4647 was issued.

• AThere are no consequences because the broker has 60 days under the regulations to address whether merchandise is properly marked with country of origin.
• BThere are no consequences because the broker is automatically entitled to a 30- day extension of time to act on a CBP Form 4647.
• CThe consequence is that the merchandise will be sent to general-order stores by CBP for disposition in accordance with Part 127 of the Customs Regulations.
• DThe consequence is that the Center Director will cause liquidated damages in an amount equal to the entered value of the articles not properly marked or redelivered to be issued to the broker under its import bond.✓ CBP's answer
• EThe consequence is that the entry will be change liquidated on the 31st day with a bill to collect the 10 percent additional duty for merchandise not exported or destroyed under Customs supervision.