May 2024 — Question 6
Which of the following is TRUE regarding the record retention period?
- ARecords pertaining to articles that are admitted free of duty and tax pursuant to 19 USC 1321(a)(2) shall be kept for five (5) years from the date of the entry.
- BPacking lists shall be retained for a period of ninety (90) calendar days from the end of release or conditional period, whichever is later.
- CAny record relating to a drawback claim shall be kept until the fifth (5th) anniversary of the date of the payment of the claim.
- DA consignee who is not the owner and appoints a customs broker shall keep a record of merchandise covered by informal entry for two (2) years from the date of the informal entry.✓ CBP's answer
Why this answer
The retention exceptions in the cited section decide this question. A consignee who is not the owner or purchaser and who appoints a customs broker keeps records of merchandise covered by an informal entry for two years from the date of entry, making D true. Each distractor misstates an exception: records relating to a drawback claim are kept until the third anniversary of the date of payment of the claim, not the fifth; packing lists are retained for sixty calendar days from the end of the release or conditional release period, not ninety; and records for articles admitted free under 19 U.S.C. 1321(a)(2) are kept two years, not five. Watch for: Applying the general five-year retention rule to categories with shorter regulatory exceptions.
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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