CUSTOMS
AND BORDER PROTECTION DIRECTIVE
ORIGINATING
OFFICE: FO:TCF
CBP DIRECTIVE NO. 3240-036A
DATE: AUGUST 7, 2003
SUPERSEDES: 3240-036,1/7/88
REVIEW DATE: AUGUST 2006
IN-BOND
PROCEDURES AND CUSTOMS FORM 7512 PREPARATION
INSTRUCTIONS
1
PURPOSE. The purpose of this
directive is to provide guidelines for
the preparation of Customs Form (CF)
7512, to ensure the enforcement of in-bond
regulations by the Bureau of Customs
and Border Protection (CBP) officers
and to improve control over the movement
of in-bond merchandise. In order to improve
the information collected for enforcement
targeting of in-bond merchandise this
directive provides instruction to all
concerned parties on the proper preparation
of CF 7512. The attachment to this directive
clarifies what information must be furnished
to properly file a transportation in-bond
entry on the CF 7512. This directive
will also provide direction to CBP officers
on processing procedures for the CF 7512
and its electronic alternatives.
2
POLICY. It is the policy of
CBP that movement in-bond performed on
a paper CF 7512 between CBP ports or
within CBP port limits for the purpose
of exportation is performed in a uniform
manner that improves the control over
this merchandise. In addition, supply
chain security considerations require
that CBP maintain tighter control over
the movement of in-bond merchandise presented
on a CF 7512. Two important elements
necessary to achieve this goal are improving
data quality and ensuring electronic
tracking of in-bond merchandise. Accurate
input of high quality data into the automated
in-bond system before the merchandise
is allowed to proceed will increase the
level of control that CBP exercises over
the merchandise.
3
BACKGROUND.
3.1
In-bond movement of merchandise usually
takes place as an entry for Immediate Transportation
without appraisal (IT), an entry for Transportation
and Exportation (T&E), or an entry
for Immediate Exportation (IE) and is documented
on a CF 7512. Customs Directive 3240-036
containing instructions for properly completing
a CF 7512 for transportation in-bond was
previously supplied to personnel for use
as a guideline. This CD was abolished and
not replaced. The instructions have continued
to be followed by all concerned. In 1998
CBP initiated in the Automated Commercial
System (ACS) a tracking and audit system
known as “Tin Man”. It was
designed to provide “real time” tracking
of in-bond shipments from origin to destination
including entry and exportation. It also
provided for a compliance measurement system
of random examinations and post audit reviews
to ensure compliance. Current processing
guidelines allow ports to input minimal
information to create an in-bond record
in ACS. This record is often created after
the shipment is authorized to move by a
CBP officer.
3.2
A review of CBP guidelines and regulations
for authorizing movement in-bond and for
preparing the CF 7512 has been conducted.
The instructions in this directive for
the proper completion of CF 7512 must be
followed to ensure that proper liability
and accountability will be noted on the
CF 7512 and maintained on in-bond merchandise.
4
AUTHORITY. 19 U.S.C. 1552 and 1553, 19
CFR Part 18
5
RESPONSIBILITIES.
5.1
Area and Port Directors are responsible
for carrying out the instructions in this
directive and for disseminating its contents
to CBP personnel, warehouse proprietors,
customhouse brokers, and importing and
bonded carriers in their area of jurisdiction.
5.2
Interim Directors, Field Operations are
responsible for monitoring compliance with
the procedures and assuring uniformity
in their application.
6
PROCEDURES
6.1
CBP officers reviewing CF 7512 documents
at the port of origin must ensure that
all required information is furnished and
correct at the time of presentation to
CBP. If the CF 7512 is not properly prepared,
corrective action must be taken, including
rejection of the document, if necessary.
Instructions for proper completion of a
CF 7512 are attached. Attachment A consists
of an itemized list citing the title of
each field on a CF 7512 with a description
of the field’s required minimum content.
6.2
Corrections or amendments to information
on a previously filed CF 7512 must be presented
to CBP on a new CF 7512, annotated “AMENDMENT”,
bearing the same in-bond serial number
as the original, and highlighting the requested
corrections or amendments. This CF 7512
will be accompanied by a request in writing,
on letterhead, from the filer, broker or
other interested party that created the
original documents, describing the corrections.
Documentary evidence to substantiate the
change (bill of lading, airway bill, invoice,
etc.) must be submitted with the CF 7512
and change request. CBP officers may accept
the corrected/amended CF 7512 at any point
or port during the in-bond movement provided
the shipment is physically located at that
port and available for examination.
6.3
CBP offices will input all in-bond transactions
into the CBP automated system prior to
allowing the movement of the merchandise.
This will involve the input of the information
corresponding to the mandatory fields in
the CBP automated system. This will allow “real
time” tracking of all in-bond shipments
and help to reduce system errors.
6.4
At origin, in addition to mandated “Tin
Man” examinations CBP officers will
inspect in-bond shipments as needed to
verify the information provided on the
CF 7512 and to perform enforcement inspections.
6.5
For in-bond shipments on CF 7512 transported
between ports (T&E and IT), CBP officers
will input an arrival notification in CBP
automated system as soon as possible after
the carrier’s arrival notification.
This will ensure that the requirement for
presentation of in-bond documentation within
2 working days of arrival is met and start
the General Order (G.O.) clock.
6.6
At arrival at the port of in-bond destination,
in addition to mandated “Tin Man” examinations
CBP officers will inspect in-bond shipments
as needed to verify the information provided
on the CF 7512 and to perform enforcement
inspections.
6.7
For exportation of in-bond merchandise
presented on a CF 7512 (T&E and IE),
the merchandise should be presented to
CBP for export certification. The certification
of export in the CBP automated system shall
not take place until the merchandise is
physically located where exportation is
reasonably assured. For example at seaport,
airport and rail locations the merchandise
should be under the physical control of
the exporting carrier and for land border
locations, the merchandise should be at
the place of exportation.
6.8
At exportation, in addition to mandated “Tin
Man” examinations CBP officers will
inspect in-bond shipments as needed to
verify the information provided on the
CF 7512 and to perform enforcement inspections.
7
MEASUREMENT. Not Applicable Assistant Commissioner
Office of Field Operations Attachments
ATTACHMENT
A
INSTRUCTIONS FOR THE PREPARATION OF THE CUSTOMS FORM 7512 FOR TRANSPORTATION
IN-BOND
Item
1 - "Entry Number, Port and Date"
Whenever
merchandise, which has been entered previously
(in-bond, consumption, warehouse, etc.),
is entered for any type of in-bond entry,
the immediately preceding entry information
must be supplied with the date of that
entry. The standard HTSUS Schedule D port
code is used instead of the port name.
Item
2 - "Entry Number and Class of Entry"
The
in-bond serial number (9-digit number assigned
by blocks by local CBP port) and the entry
class code (61, 62, 63) must be recorded
in this area with the approved abbreviation
for the entry type (IT, T&E, IE, WDTE
etc). Immediately below the box containing
this information, show the appropriate
foreign entry number with foreign document
type (such as “Pedimento”)
when required. (see ATTACHMENT B)
Item
3 - "District/Port Code No."
The
district/port code shown in the HTSUS Schedule
D must be used for the port where the in-bond
entry is being presented.
Item
4 - "First U.S. Port of Unlading"
The "first
U.S. port of unlading" is the first
U.S. port of arrival from foreign, where
the merchandise is off-loaded from the
importing carrier.
Item
5 - "Port of"
This
is the name of the port corresponding to
the port code in Item 3 where the in-bond
entry is being presented.
Item
6 - "Date"
This
is the date of entry preparation. Since
an in-bond entry can be prepared before
the date of entry presentation and/or acceptance
and prior to the actual arrival of the
importing conveyance, this date should
not be used for duty assessment purposes.
Item
7 - "Entered or Imported By"
"Entered
or imported by" identifies the party
who imported the merchandise (importer
or consignee) or the party who presents
the in-bond entry to CBP if other than
the importer or consignee. This could be
the importing carrier or the bonded carrier
or a Customhouse broker acting as the agent
for the importer, consignee, importing
carrier, or the bonded carrier. However,
19 CFR 18.11(b)(3) authorizes any person
deemed by the Port Director "to have
a sufficient interest in the merchandise
for that purpose" to
make an in-bond entry. The person signing Item 30 "entered or withdrawn
by" must be an authorized agent or employee of the party shown in
this item. This party’s Name, Address, City, State and appropriate
identification numbers should be included in the spaces provided.
Item
8 - "In-Bond Via"
This
designates the bonded carrier who will
be liable for the proper movement, handling,
and safekeeping of the merchandise once
the in-bond movement is initiated. (The
requirements for initiating the in-bond
movement will be described in Items 32,
33, 36, and 37.) The bonded carrier’s
Importer/IRS number and name shall be included
on this line. If the person making entry
is not the bonded carrier shown in this
block, the person making entry must be
an authorized agent and present on demand,
proof of it from the carrier.
Item
9 - "District Director of Customs
at" or “Customs Port Director”
This
item identifies the intended destination
port. Unless there are restrictions or
prohibitions on diversion an in-bond shipment
may be diverted to any CBP port without
prior CBP permission. These restrictions
and prohibitions as outlined in 19 CFR
18.5 include:
• A new in-bond entry is required after an in-bond shipment (in its entirety
or split) has been delivered to the port of destination;
• Shipments under restriction or prohibition under quarantine and regulation
of the Dept. of Agriculture may not be diverted without permission of that agency;
• Textile or textile product shipments Subject to Sec. 204, Agriculture
Act of 1956, may not be diverted without prior written permission of the Port
Director at the port of origin;
In those instances where diversions are prohibited or restricted, it
should be clearly noted on the face of the in-bond entry (Item 28).
Item
10 - "Final Foreign Destination"
"Final
foreign destination" must be completed
for all exportation entries. At a minimum,
the destination shown on the commercial
shipping documents (bills of lading or
air waybills) must be shown. If exportation
to more than one foreign destination is
planned,
provided such exportation is not prohibited, the term "various" can
be used. The 5-digit Schedule K or “Special K” code (for
Mexico and Canada) and the name of corresponding foreign destination
shall be placed here.
Item
11 - "Consignee"
This
should identify the consignee named on
the bill of lading, air waybill, invoice,
etc. The name and address of the consignee
shall appear in this space. The respective
document may be requested to verify information
contained on the CF 7512. For export shipments
where the bill of lading, air waybill,
invoice, etc. information does not include
an actual consignee, the consignee for
in-bond purposes may be the party who will
arrange for the disposition of the shipment
at the port of destination (Container freight
station, freight forwarder, etc.).
Items
12 through 18 - "Manifest Information"
The
information provided here serves to identify
the shipment in terms of the inward foreign
manifest of the importing carrier. This
information is mandatory if the shipment
was originally imported by vessel. The
date of importation shown in Item 17 is
the date of arrival of the importing conveyance
in the United States and with vessels,
it is the date in which the vessel arrives
within the limits of a port in the United
States with intent to discharge (19 CFR
101.1).
Item
19 - "Exported From"
If
the country of exportation is different
from the "foreign port of lading" (Item
12) and this information is available to
the party preparing the entry (Item 7),
it should be shown. Otherwise, the country
of foreign port of lading should be shown.
This information may be available on the
bill of lading, air waybill, invoice, etc.
The relevant document may be requested
to verify information contained on the
CF 7512.
Item
20 - "Exportation Date"
This
is the date the shipment was exported from
the foreign port of lading.
Item
21 - "Goods Now At"
The
actual location of the goods at the origin
port must be shown. This is essential to
ensure proper CBP control over the disposition
of the shipment. This information should
include the FIRMS code when applicable.
Item
22 - "Marks and Numbers"
This
is a listing with sufficient exactness
to serve the legitimate needs of CBP. This
should be the same information as is supplied
on the inward foreign manifest. For containerized
shipments, the container number and the
commercial seal number must also be shown.
Item
23 - "Description and Quantity"
For
all in-bond shipments, quantities must
be shown in terms of the smallest external
packaging unit. Any intermediate packaging
involved (e.g. unit load devices, containers,
pallets, etc.) must also be shown (example:
144 cartons on 12 pallets).
Under
the regulations (19 CFR 18.2), the merchandise
shall be described on the CF 7512.
• Terms such as "general merchandise”, “Freight All Kinds” or “FAK” are
not acceptable. For express consignment in-bond shipments a rider or abstract
manifest may be attached which describes the commodities with their associated
marks and numbers. If a rider is attached, the total number of packages must
be shown in this block (e.g., 10 containers containing 4,578 packages as per
attached manifest). For multiple commodities on a single bill that exceed the
space limitations, the CF 7512A “Continuation Sheet” shall be used
for description.
• The terms "said to contain" and/or "STC" are unacceptable.
The term "shippers load and count" or "SLAC” when used as
a qualifier is acceptable for house-to-house or house-to-pier container shipments.
Under
the regulations (19 CFR 18.11), IT movements
have more stringent description requirements.
• For all IT movements the merchandise shall be described in such detail
as to enable the Port Director to estimate the duties and taxes, if any, due.
The Port Director may require evidence to satisfy him of the approximate correctness
of the value or quantity stated in the entry.
• Merchandise that is subject to detention by other Federal agencies shall
contain sufficient description to enable the representative of concerned agency
to determine the contents of the shipment.
• Merchandise subject to agricultural quarantine shall be forwarded as
an IT only nder written permission or regulations governing agricultural quarantine.
• Textiles and textile products subject to 7 USC 1854 shall be described
in such detail as to allow the Port Director to estimate any duties or taxes
due. The Port Director may require evidence of the approximate correctness of:
• The value and quantity stated in the entry (e.g. 14 cartons, 2 dozen
per carton).;
• Detailed description of the textiles or textile products including type
of commodity and chief fiber content (e.g., men's cotton jeans or women's wool
sweaters);
• Net weight of the textiles or textile products (including immediate packing
but excluding pallet);
• Total value of the textiles or textile products;
• Manufacturer or supplier;
• Country of origin;
• Name(s) and address(es) of the person(s) to whom the textiles and textile
products are consigned;
• HTSUS number (when available).
Item
24 - "Gross Weight"
Gross
weight can be shown in either pounds or
kilograms and must be identified as pounds
(l) or kilograms (k).
Item
25 - "Value"
Actual
value information is to be supplied, except
when it is not readily available to the
party preparing the entry (Item 7). In
this case, estimated value information
may be used and must be indicated as estimation.
Actual value information must be supplied
for any type of in-bond warehouse withdrawal.
Item
26 and 27 - "Rate" and "Duty"
Duty
rate and duty amount must be supplied for
all types of in-bond warehouse withdrawals.
It is not required for any other type of
in-bond entry.
Item
28 - Open Area
This
is a free-form area for recording all additional
information for which there is no specific
block on the form itself. All special conditions
affecting a specific in-bond entry shall
be recorded here (e.g., warehouse entry
status, other agency requirements, restrictions
or prohibitions on diversions, “Quantity
Concurred” stamp and any additional
or alternate bond coverage such as an exportation
bond or instrument of international traffic
(IIT) bond). In the case of merchandise
being exported because entry has been prohibited
by any Government agency, that fact shall
be clearly noted in this space.
Item
29 - "G.O. Number"
When
merchandise, which is unentered, is withdrawn
from General Order, the General Order ledger
number would be supplied in this item.
This line also contains a check box that
identifies if merchandise is withdrawn
for vessel supplies.
Item
30 - "Entered or Withdrawn By"
This
item records the signature of the authorized
agent for the party identified in Item
7. This signature constitutes the formal
presentation of the entry and certifies
to the completeness and accuracy of the
information supplied as well as to the
existence of
all required bond coverage. This signature may be an electronic or facsimile
signature for all in-bond shipments recorded on a CF 7512.
Item
31 - "For the District Director" or “For
the Port Director”
This
item records the acceptance of the in-bond
document as an entry by CBP. Since the
date shown in Item 6 (as described above)
is often different from the date of entry
presentation and acceptance, it is necessary
that, in addition to the CBP officer's
signature, the date of entry acceptance
be recorded here when the date of entry
acceptance differs from the date shown
in Item 6. When no date is shown here,
the date shown in Item 37 will be used
as the date of entry acceptance. A CBP
perforation or other stamp with date, time
and location may be substituted.
Items
32 and 33 - "Attorney or Agent of
Carrier"
This
records the signature of the authorized
agent of the bonded carrier identified
in Item 8 above. The typed or printed name
of the person signing shall also be included.
This signature constitutes the acceptance
of the liability for the in-bond shipment
by the bonded carrier and, when CBP concurs
(Item 36 and 37 described below), constitutes
the bonded carrier's assumption of liability.
. If the person making entry is not the
bonded carrier shown in this block, the
person making entry must be an authorized
agent and present on demand, proof of it
from the carrier. This proof may be on
file at a central office and a photocopy
may be presented. This signature may be
an electronic or facsimile signature for
all in-bond shipments recorded on a CF
7512.
Item
34 - "Port"
The
U.S. destination and/or exportation port
is recorded here. This is part of the certificate
of lading for arrival or exportation. A
CBP perforation or other approved stamp
with date, time and location may be substituted.
Item
35 - "Seal Numbers"
CBP
in-bond seal numbers, commercial seal numbers,
or other Federal agency seal numbers are
recorded here. If in-bond labels are used,
or if sealing or labeling is waived, this
would also be noted here.
Items
36 and 37 - "Inspector" and "Date"
The
signature of the CBP officer who authorizes
the initiation of the in-bond movement
and the date of this authorization are
recorded here. A CBP perforation or other
approved stamp with date and location may
be substituted. This date is used to determine
the start of the time limit for completion
of the in-bond movement itself. Normally,
this is done at the time the agent of the
bonded carrier signs for the shipment (Items
32 and 33) and assumes liability under
the terms of the applicable carrier's bond.
If,
at the time the bonded carrier attempts
to take possession of the shipment, there
is a difference between what the initial
carrier or custodian and the bonded carrier
believe to be the quantity and/or the condition
of the merchandise, these differences must
be resolved, reported to CBP, and any necessary
changes or notations to Item 23 made prior
to the initiation of the in-bond movement.
The "Quantity Concurred" stamp
could be affixed in Item 28.
Items
38 through 42 - "Export Verification"
These
items are only used when exportation is
involved. Completion of these items by
the appropriate CBP officer serves as certification
of export reporting by the carrier and
relieves the bonded carrier of its liability
related to export reporting. It does not
relieve the carrier from providing and
complying with additional export related
requirements such as the production of
landing certificates, submission of SEDs,
etc.
Back
of Form (Note- The back of the form may
be on a second page as needed)
Items
43 through 45 - "Record of Cartage
or Lighterage"
These
items constitute assumption (Item 44),
authorization (Item 43), and discharge
(Item 45) of the bonded carrier or cartman's
liability for the within port movement
of merchandise covered by an in-bond entry.
This can occur prior to or after the movement
of a shipment between ports by a bonded
carrier or independent of such movement
(i.e., when an immediate exportation entry
is involved).
Item
46 - "Certificates of Transfer"
This
item is used to document and record the
transfer of merchandise from one sealed
conveyance to another. It is normally used
when the original conveyance is sealed
with commercial seals. It can also be used
when CBP in-bond seals or other Federal
agency seals are involved if the carrier wishes to document and record
such transfers in order to support its liability limitations.
Item
47 - "Inspected"
This
item is used when the transfer (Item 46)
is done without CBP involvement or supervision,
and subsequent to such transfer, CBP verifies
the new seals. This item could also be
used to record the condition of seals (either
CBP, commercial, or other Federal agency)
anytime they are inspected by a CBP officer.
Item
48 through 50 - "Record of Disposition"
These
items can be used to record the disposition
of the merchandise on the in-bond entry.
This information can be, and usually is,
recorded on the face of the entry (Item
28).
ATTACHMENT
B
The following ports are required to place the foreign entry number and
document type on the CF7512 in the designated space. (See ATTACHMENT
A, Item 2)
| Port
In-bond |
type |
Foreign
Document |
| El
Paso TX |
IE |
Pedimento |
| Laredo
TX |
IE |
Pedimento |