May 2024 — Question 2
Number One Car Company (NOC Co.) is an existing importer whose account is not in frozen or void status with the CBP Office of Finance Revenue Division and whose account is assigned to the Automotive and Aerospace Center of Excellence and Expertise (A&A Center). NOC Co.’s broker is Jack Frost Customhouse Broker (Jack Frost). Jack Frost is licensed and has his National Permit through Los Angeles/Long Beach and his processing Center is the Electronics Center of Excellence and Expertise (Electronics Center). NOC Co. has advised Jack Frost that it is adopting an alternate name of NOC Co. as it has permission from its State of incorporation. Which of the following correctly states a method Jack Frost can use to notify CBP of NOC Co.'s adoption of an alternate name?
- AJack Frost will email a completed and signed Customs Form 5291 showing the NOC Co.’s alternate name to the A&A Center.
- BJack Frost will use NOC Co.'s ACE Portal account to create an Importer Certifying Statement showing the adoption of the alternate name.
- CJack Frost will email a completed and signed Customs Form 5106 showing NOC Co.'s alternate name to the A&A Center.✓ CBP's answer
- DJack Frost will follow the change of name instructions found in 19 CFR 111.30(c) and email the Electronics Center with NOC Co.'s alternate name.
Why this answer
Importer identity information, including adoption of an alternate or doing-business-as name, is communicated to CBP on Form 5106, the Create/Update Importer Identity Form, and under the ACE guidance CBP cited, an update for an existing importer whose account is not in frozen or void status goes to the office managing that account, here the Automotive and Aerospace Center to which NOC Co. is assigned. Option C states exactly that. Form 5291 in option A is the customs power of attorney, not an importer identity form, and option D misdirects the filing to the broker's own processing Center under a rule that governs the broker's information, not a client's name change. Watch for: Confusing Form 5291, the power of attorney, with Form 5106, the importer identity form.
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 May 2024 examination.
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