19 C.F.R. § 113.11

Bond application

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(a) Single transaction bond application. In order to insure that the revenue is adequately protected, the port director may require a person who will be engaged in a single customs transaction relating to the importation or entry of merchandise to file a bond application. The single transaction bond application may be in the form of a letter filed with the Director, Revenue Division or the port director, or the application may be scanned and submitted to CBP as an email attachment or by fax. The application must identify the value and nature of the merchandise involved in the transaction to be secured. When the proper bond in a sufficient amount is filed with the entry summary or with the entry, or when the entry summary is filed at the time of entry, an application will not be required.

(b) Continuous bond application. To secure multiple transactions relating to the importation or entry of merchandise or the operation of a bonded smelting or refining warehouse, a continuous bond application must be submitted to the Director, Revenue Division. The continuous bond application may be in the form of a letter or it may be scanned and submitted to CBP as an email attachment or by facsimile (fax).

(1) Information required. The application must contain the following information:

(i) The general character of the merchandise to be entered; and

(ii) The total amount of ordinary customs duties (including any taxes required by law to be treated as duties), plus the estimated amount of any other tax or taxes on the merchandise to be collected by CBP, accruing on all merchandise imported by the principal during the calendar year preceding the date of the application. The total amount of duties and taxes will be that which would have been required to be deposited had the merchandise been entered for consumption even though some or all of the merchandise may have been entered under bond. If the value or nature of the merchandise to be imported will change in any material respect during the next year the change must be identified. If no imports were made during the calendar year prior to the application, a statement of the duties and taxes it is estimated will accrue on all importations during the current year shall be submitted.

(2) Application updates. If the Director, Revenue Division approves a bond based upon the application, whenever there is a significant change in the information provided under this paragraph, the principal on the bond must submit a new application containing an update of the information required by paragraph (b)(1) of this section. The new application must be filed no later than 30 days after the new facts become known to the principal.

(c) Certification. Any application submitted under this section must be signed by the applicant and contain the following certification:

I certify that the factual information contained in this application is true and accurate and any information provided which is based upon estimates is based upon the best information available on the date of this application.

[CBP Dec. 15-15, 80 FR 70163, Nov. 13, 2015]

Notes of Decisions

Cited in 6 cases, 1996–2017 · leading case: Hartford Fire Ins. Co. v. United States, 2017 CIT 103 (Ct. Intl. Trade 2017).

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Hartford Fire Ins. Co. v. United States, 2017 CIT 103 (Ct. Intl. Trade 2017). · cites it 3× “at 14; 19 C.F.R. § 113.11 . Section 113.21 sets out “information required on the bond”: names, addresses of the principal places of business and legal designations of corporate principals and sureties “must appear,” § 113.”

Hartford v. Tanner, 910 P.2d 872 (Kan. Ct. App. 1996). “80 [1995]; see 19 C.F.R. § 113.11 [1995]). Federal regulations require that importers obtain a surety bond from the United States Customs Service (Customs) to ensure that the conversions are made.”

United States v. Int'l Fid. Ins. Co., 2017 CIT 136 (Ct. Intl. Trade 2017). · cites it 3× “See 19 C.F.R. §§ 113.11 , -.21, -.62. For example, the party making the entry must submit the bond using Customs Form 301.”

Hartford Fire Ins. v. United States, 2012 CIT 107 (Ct. Intl. Trade 2012). “19 C.F.R. § 113.11 (2012) (“The port director will determine whether the bond is in proper form and provides adequate security for the transaction(s).”

Seafood Exporters Ass'n of India v. United States, 479 F. Supp. 2d 1367 (Ct. Intl. Trade 2007). “to Dismiss 9 (citing 19 C.F.R. § 113.11 ). Defendants argue that the Amendment itself inflicts no injury and in this respect is not materially different from Bond Directive 99-3510-004 as it existed prior to the Amendment, which was involved in Carolina Tobacco Co.”

Kwo Lee, Inc. v. United States, 2015 CIT 56 (Ct. Intl. Trade 2015). “19 C.F.R. § 113.11 . 10 If he or she, or the drawback office, “believes that acceptance of a transaction secured by a continuous bond would place the revenue in jeopardy or otherwise hamper the enforcement of Customs laws or regulations,” he or she may “require additional…”

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