C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 142—ENTRY PROCESS › Subpart A—Entry Documentation

19 C.F.R. § 142.4

Bond requirements

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(a) At the time of entry. Except as provided in § 10.101(d) of this chapter, or paragraph (c) of this section, merchandise shall not be released from Customs custody at the time Customs receives the entry documentation or the entry summary documentation which serves as both the entry and the entry summary, as required by § 142.3 unless a single entry or continuous bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, executed by an approved corporate surety, or secured by cash deposits or obligations of the United States, as provided for in § 113.40 of this chapter, has been filed. When any of the imported merchandise is subject to a tariff-rate quota and is to be released at a time when the applicable quota is filled, the full rates shall be used in computing the estimated duties to determine the amount of the bond.

(b) If entry summary is filed after entry. (1) Except as provided in § 141.102(d) of this chapter, if the entry summary is filed after the entry, the bond filed at the time of entry, as required by paragraph (a) of this section or by § 142.19, shall continue to be obligated unless a superseding bond is filed, as provided in § 141.20 of this chapter, or unless a bond of the type described in paragraph (a) of this section is filed under the circumstances described in paragraph (b)(2) of this section. If a superseding bond is filed, or if a bond is filed under the circumstances described in paragraph (b)(2) of this section, the obligations of the initial bond shall be terminated as to any liability which may accrue after the superseding or other bond becomes effective.

(2) If entry is made in the name of an agent, supported by the agent's bond, or in the name of a principal, supported by the principal's bond, and the entry summary thereafter is filed in the name of the other party, the party named in the entry summary shall file a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. In this circumstance, the bond obligation of the party in whose name entry was made shall be terminated, as to liability which may accrue after the bond filed by the party named in the entry summary becomes effective, and the party filing the entry summary need not file the separate declaration of the actual owner and the superseding bond otherwise required under § 141.20 of this chapter.

(c) Waiver of surety or cash deposit. (1) The port director may waive the requirement for surety or cash deposit on the bond required by this section when (i) the value of the merchandise which the bond secures does not exceed $2,500, (ii) the entry summary documentation is filed and estimatedduties, if any, are deposited prior to release of the merchandise and (iii) the importer has not been delinquent or otherwise remiss in any transaction with Customs.

(2) This authority to waive surety or cash deposit does not apply to (i) quota merchandise, (ii) any type of merchandise which, in the opinion of the port director, cannot be easily appraised or classified, or (iii) any type of merchandise where there may be, in the opinion of the port director based on past experience, a question of redelivery.

(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624)) [T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-161, 50 FR 38981, Sept. 26, 1985]
Notes of Decisions
Cited in 6 cases, 1989–2017 · leading case: Washington Int'l Ins. v. United States, 16 Cl. Ct. 663 (Ct. Cl. 1989).
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Washington Int'l Ins. v. United States, 16 Cl. Ct. 663 (Ct. Cl. 1989). · cites it 2× “19 C.F.R. § 142.4 provides that pri- or to obtaining release of merchandise from Customs, the importer must post a bond securing the payment of required duties.”
United States v. Matthew Yip, 930 F.2d 142 (2d Cir. 1991). “See 19 C.F.R. § 142.4 (1990). The broker then has 10 days to *144 complete the second step by filing a form 7501, detailing the duty owed on the goods contained in the shipment and enclosing a check to cover the amount owed.”
Hartford Fire Ins. Co. v. United States, 2017 CIT 103 (Ct. Intl. Trade 2017). “”); 19 C.F.R. § 142.4 . To the extent that the principal’s signature represents an intent to be bound, that intent is clear from the facts surrounding each of the seven bonds.”
Hartford Fire Ins. v. United States, 648 F.3d 1371 (Fed. Cir. 2011). · cites it 2× “19 C.F.R. § 142.4 . Importers often use a surety bond as a method of posting the required security, whereby the surety guarantees to the United States that it will pay the importer's entry obligation should the importer fail to make its required payment.”
United States v. Am. Home Assurance Co., 2015 CIT 120 (Ct. Intl. Trade 2015). “2015); see 19 C.F.R. § 142.4 (a) (2001). “A surety bond creates a three-party relationship, in which the surety becomes liable for the principal’s debt or duty to the third party obligee (here, the government).”
B.B. Pallets, Inc. v. United States, 66 Fed. Cl. 280 (Fed. Cl. 2005). “*282 See 19 C.F.R. § 142.4 (bond requirements). An importer’s bond creates joint and several liability between it and its surety for any payment of duties and for liquidated damages assessed by Customs for the failure to comply with Customs regulations.”
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